PAPER B

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL SUB COMMITTEE -

TUESDAY 27 JUNE 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 ON REPORT TO COMMITTEE –

27 JUNE 2006

1.	P/00825/06 TCP/05282/G	Cowes	Conditional Permission
	4 Queens Road, Cowes, PO31 8BQ Demolition of dwelling; construction of 4/5 storey building to form 13 flats to include basement parking, landscaping; detached house; vehicular access, (revised scheme)		Page 5
2.	P/00828/06 CAC/05282/F	Cowes	Conditional Permission
	4 Queens Road, Cowes, PO31 8BQ Conservation Area Consent for demolition of dwelling in connection with construction of 4/5 storey building to form 13 flats to include basement parking; landscaping and vehicular access; detached house (revised scheme)		Page 4
3.	P/00874/06 TCP/02329/F	Sandown	Conditional Permission
	Parklands Holiday Apartments, 9 Winchester Park Road, Sandown, PO36 8HJ Demolition of flats; construction of three storey block of 13 flats with roof terraces; parking and alterations to vehicular access (revised scheme)		Page 16
4.	P/01049/06 TCPL/10397/Y	Newport	Refusal
	Post Office Counters Ltd, Newport Post Office, 99 High Street, Newport, PO30 1AB Demolition of buildings at rear; conversion of 1st and 2nd floors of existing post office into two flats; 1/2/3 storey extension to provide additional retail area and staff facilities at ground floor and ten flats at 1st and 2nd floors; alterations to pedestrian access		Page 26
5.	P/01059/06 LBC/10397/X	Newport	Refusal
	Post Office Counters Ltd, Newport Post Office, 99 High Street, Newport, PO30 1AB LBC for demolition of buildings at rear; conversion of 1st and 2nd floors of existing post office into two flats; 1/2/3 storey extension to provide additional retail area and staff facilities at ground floor and ten flats at 1st and 2nd floors; alterations to pedestrian access		Page 32
6.	P/01165/06 TCP/01220/U	Arreton	Conditional Permission
	Arreton St Georges C of E Primary School, Main Road, Arreton, Newport, PO30 3AD Demolition of single storey cloakroom/wc area and removal of three mobiles; alterations and single storey extensions to provide additional accommodation for school and pre-school; new hard-play area and car park/drop-off point; alterations to vehicular access; siting of mobile to provide temporary additional school accommodation		Page 34
7.	P/01264/06 CAC/01220/V	Arreton	Conditional Permission
	Arreton St Georges C of E Primary School, Main Road, Arreton, Newport, PO30 3AD Conservation Area Consent for demolition of single storey cloakroom/wc area; removal of three mobiles and chimney stack in connection with alterations and single storey extensions to provide additional accommodation for school and pre-school; new hard play area and car park/drop-off point; alterations to vehicular access; siting of mobile to provide temporary additional school accommodation		Page 42
8.	P/00269/06 TCP/27238/A	Havenstreet and Ashey	Conditional Permission
	Land adjacent, Sans Souci, Main Road, Havenstreet, Ryde, PO33 4DL Demolition of workshop buildings; residential development of 2 detached houses and a pair of semi-detached houses with parking and new access drive off Main Road; closure of existing access, (revised scheme)		Page 44
9.	P/00614/06 TCP/24956/B	Totland	Conditional Permission
	land rear of, Waterdip, York Lane, Totland Bay, PO39 0ER Four detached dwellings with garages and access off Cliff Road (revised scheme)		Page 60
10.	P/00835/06 TCP/27268/A	Newport	Conditional Permission
	53 Horsebridge Hill, Newport, PO30 5TJ Demolition of part house, garage and store; two storey block of 3 flats with parking and alterations to vehicular access (revised scheme)		Page 71
11.	P/01085/06 TCP/27723	Newport	Conditional Permission
	Land adjacent, 7 Buckingham Crescent, Newport, PO30 5SD Outline for detached house		Page 78

01

Reference Number: P/00825/06 - TCP/05282/G P/00828/06 – CAC/05282/F (Joint Report) Parish/Name: Cowes - Ward/Name: Cowes Castle East Registration Date: 31/03/2006 - Full Planning Permission Officer: Miss S Wilkinson Tel: (01983) 823552 Applicant: Harold Cudmore Ltd Demolition of dwelling; construction of 4/5 storey building to form 13 flats to include basement parking, landscaping; detached house; vehicular access, (revised scheme) 4 Queens Road, Cowes, PO318BQ These applications are recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This is a major application and has attracted a considerable number of letters of objection from local residents which conflict with the recommendation.

1. Details of Application

1.1 This is a joint report considering both planning and conservation area consent applications for the demolition of a dwelling; construction of four/five storey building to form 13 flats to include basement parking; detached house; landscaping;; vehicular access (revised scheme).

1.2 The application has been revised following a withdrawal of the previous scheme after discussions with officers identified the need for further negotiations.

1.3 The proposal incorporates 16 parking spaces and 14 bicycle spaces allowing more than a space per flat and the proposed house. There is also space within the basement area for boat storage.

1.4 The proposal is a mix of one 3 bedroom house, 12 two bedroom apartments and one 3 bedroom apartment accommodating one house on site fronting Queens Road and a 13 flatted block development alongside. The proposed house would appear four storeys from the north elevation (Esplanade) with the flatted development having a small fifth storey element. From the south elevation (Queens Road) the proposed house will appear three storeys and flatted development four. This variation is due to land level changes with car parking provided within the basement area of Queens Road, this area being treated with a stone wall to the Esplanade to provide a flood defence for the application.

1.5 The proposal is of a simple contemporary design with glazing providing the primary material to make best use the available views. The north elevation will also incorporate balconies which will be suitably screened in order to avoid overlooking into neighbouring properties. Other materials include facing brick and render to the external walls.

2. Location and Site Characteristics

2.1 The site is located on the corner of the Esplanade, Esplanade Road and Queens Road.

2.2 The building currently on site is a single family dwelling and is not considered to make a positive contribution to the conservation area or be of significant architectural merit to warrant listing or retention. Therefore, the principle of redevelopment has been accepted.

2.3 The Esplanade is of extensively mixed appearance with Princes Green to the west of the site and Trinity Church and the Royal Yacht Squadron to the east.

2.4 The waterfront architecture is characterised by a variety of different building styles of differing ages and heights. There is not currently a distinctive building line along the Esplanade and therefore the proposal sits comfortably within the street scene.

2.5 Queens Road is also of mixed appearance and heights with the building adding to the current variety of styles.

2.6 Development on site has been proposed in two separate blocks in order to allow for views to be retained between the buildings in common with the pattern of development in the area. With the current fixed foliage being removed to further aid this.

3. Relevant History

3.1 P/01689/05 – TCP/05282/E. Application for demolition of dwelling; construction four/five storey building to form 13 flats to include basement parking, landscaping; detached house; vehicular access was withdrawn in December 2005 to allow for additional negotiations.

3.2 P/01690/05 - CAC/05282/D. Application Conservation Area Consent for demolition of dwelling in connection with construction of four/five storey building to form 13 flats to include basement parking; landscaping and vehicular access; detached house was withdrawn in December 2005 to allow for additional negotiations.

4. Development Plan Policy

4.1 National Policy Guidance

· PPS1 – Delivering Sustainable Development

· PPG3 – Housing

· PPS Consultation Paper 3, relating to housing are applicable

· PPG14 – Development on Unstable Land is applicable

· PPG15 – Building and the Historic Environment is also applicable

4.2 The following Strategic Policies within the Unitary Development Plan are applicable:

· S1 – New Development will be Concentrated within Existing Urban Areas

· S2 – Development will be Encouraged on Land which has Previously been Developed

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

· S7 – Provision of Housing Units on the Isle of Wight

4.3 The following Unitary Development Plan policies are applicable:

· G1 – Development Envelopes

· G4 – General Locational Criteria

· G6 – Development in Areas Liable to Flooding

· G7 – Development on Unstable Land

· D1 – Standards of Design

· D2 – Standards for Development within the Site

· D3 – Landscaping

· B2 – Settings of Listed Buildings

· B6 - Protection and Enhancement of Conservation Areas

· B7 – Demolition of Non-Listed Buildings

· H1 – New Development within Main Island Towns

· H4 – Unallocated Residential Development

· C12 – Development Affecting Trees and Woodland

· TR6 – Cycling and Walking

· TR7 – Highway Considerations for New Development

· TR16 – Parking Policies and Guidelines

· U11 – Infrastructure and Services Provision

5. Consultee and Third Party Comments

5.1 Internal Consultees

· Conservation and Design support the application and feel it provides a positive contribution to the conservation area which is noted for its variety. They also request a condition if approved in respect of materials, colours and details.

· The Tree Department was consulted in relation to the tree report submitted with the application to which they are in full agreement in relation to the loss of a number of trees due to their condition and health. However, they note there is a lime tree on the Queens Road boundary that it of a fair condition and of high amenity value however indicate that the loss of this tree can be mitigated against by replanting of a sizeable replacement in a suitable position along the Queens Road boundary. In this regard a condition has been requested.

· The Council’s Crime Prevention Design Advisor has not objections to the application and incorporates some security advice that can be attached by way of a letter in the event of an approval.

5.2 External Consultees

· English Heritage raise no objection to the scheme however ask that the Local Planning Authority and Conservation and Design Team have input within the overall landscaping but without further reference to English Heritage.

· The Environment Agency have no objection to the scheme and recommend conditions if approved.

· Southern Water have confirmed that if the surface water from the site is removed from the combined system by way of disposal into the sea. This would free up capacity for foul flow from the new development.

· English Nature have confirmed that they do not object to the scheme. However, have raised concern in respect of the increased land value and possible pressure for additional coastal defence work and request that an informative or letter is included with the decision if approved confirming that English Nature may not support new coastal protection works.

5.3 Others

· The Kent Architecture Centre has commented on the application and feels that the scale of the building appropriate to its context with the visible railings and balcony areas adding to the seafront character of the scheme. They conclude that “This is a varied Conservation Area which has the capacity to accommodate a range of building styles. I feel that the scheme proposed will add to both the character and equality of Cowes seafront.”

· One letter of support has been received commenting that the building is attractive and stylishly modern and will greatly enhance the Cowes waterfront whilst not overpowering or over dominating its surroundings.

· 68 letters of objection have been received the contents of which can be summarised as follows.

o Development out of character/keeping with the area

o Inappropriate height

o Impact on conservation area

o Impact on visual amenity and open space character of the area

o Overbearing/over shadowing

o Overlooking/loss of privacy

o Traffic generation

o Inappropriate use of the Esplanade

o Impact on Queens Road

o Inappropriate architectural style

o Overdevelopment

o Ground stability

o Flooding

o Increase in noise and exhaust fumes from stopped vehicles from one way priority in Queens Road

o Development needs to be considered in relation to redevelopment of neighouring site

o Building line has been set forward

o Reduction in natural light to Queens Road

o Loss of trees

6. Evaluation

6.1 The determining factors in considering this proposal are considered to be as follows:

· Impact on the character of the conservation area and neighbouring properties

· Highway Implications

· Drainage

· Flooding

· Stability

6.2 Impact on character of the conservation area and neighbouring properties

The proposed development is located within Cowes Conservation Area and is a site of significant visual prominence when approaching Cowes by sea. The Conservation Area Appraisal for the Queens Road area states:

“This is a varied but elegant residential area which has its roots in the early days of yacht racing in the Solent. The focus of the villas is the view over the water along with the facility to see and be seen on the promenade.”

6.3 The application represents a revised scheme that has been reduced in height and footprint. The parapet heights of both the apartment building and the house have been reduced bringing the main parapet of both below the eaves line of 2 Queens Road. The building lines along the esplanade are varied. The footprint of the house responds to the size and siting of the adjacent building (2 Queens Road) with the apartment block set slightly further forward but behind the line of Grantham Court to the west. The proposal responds to the rhythm and spacing between the buildings sitting comfortably within the street scene.

6.4 The proposal is of a simple contemporary design respecting the scale and massing of the surrounding buildings with high levels of glazing to take advantage of the views afforded to the site as well as aiding with the buildings Eco Homes rating, which is aimed to be at a level of 60 plus, equating to a very good to excellent standard. The level of glazing and windows together with the internal layouts allow for all habitable rooms to have natural ventilation and daylight. As well as theses measures the building may incorporate a grey water system and solar heating of water.

6.5 The proposal has been designed as two separate block rather than one larger building on site to both break the up the overall massing of the development as well as allowing for views to be gained through the gaps in the building which used to be blocked by foliage. The development sits comfortably on the site with areas of amenity space for residence and areas for landscaping. The incorporation of a driveway into the scheme between Queens Road and Esplanade provides a visual break between the buildings that is comparative with surrounding properties.

6.6 The proposal incorporates a number of balconies, which have been reduced and simplified so that the scheme sits comfortably with the elegant earlier buildings. A number of these balconies are not considered to create any overlooking due to the siting of the building. However, a condition has been recommended in relation of the roof terraces and the balconies to the eastern elevation in respect of the positioning of railings in order that the angle of sight is reduced any overlooking from these features minimised to an acceptable level, taking into consideration the changing land levels within Cowes.

6.7 Highway Implications

The vehicular movements into the site have been separated into an ingress and egress resulting in an on site one way system with cars travelling down Esplanade Road, along the Esplanade and up a proposed new driveway between the proposed building and Hamlet Court. This system although not altering the highway network for other vehicles will ensure that the site has adequate visibility and improves the visibility into and from Esplanade Road while also reducing the number of movements on Esplanade Road and the Esplanade. Objections have been raised in regards to the use of the Esplanade as this is used by pedestrians and during sailing events people congregate in this area. The Esplanade is however, a public highway suitable for vehicular traffic and is of suitable construction and in a good condition therefore we cannot restrict its use for this purpose in conjunction with the proposed development. Comments have been made suggesting that consent was refused for parking off the Esplanade in the redevelopment of Grantham Court (west of the site). From the available planning history on this site it appears that an application was refused with a reason relating to highways. This reason however was due to insufficient parking for the proposed development and not the access arrangements. This was however in 1991 and policy has changed since this time and each application must be considered in it individual merits.

The proposal includes highway alterations by way of a prioritisation system to Queens Road. This element does not require planning permission but will improve visibility for the proposed egress from the site and Esplanade Road. A condition has been placed on the application requiring a Section 278 Agreement to be entered into for these works prior to any works commencing on site. A number of objections have been received in regards to these works as vehicles giving way may result in greater noise and fumes. It is not considered that this road is significantly busy with two way traffic all year round for this to be a problem. The prioritisation however, can be given on the side of the road with the properties abutting the highway in order that standing vehicles are not directly outside these premises.

6.8 Drainage

Comments were originally received by Southern Water objecting to the proposal on the grounds of inadequate capacity for foul sewage disposal. However, confirming that as the public system was a combined sewer; if current levels of surface water could be removed there would be adequate capacity for the foul resulting from the proposed development. As well as surface water the existing building also has roof water discharge resulting in levels of non-foul being high. Discussions have been undertaken between the agents and Southern Water with an agreement that the surface water will be removed a disposed into the sea in accordance with Environment Agency guidelines allowing for capacity for the development. Southern Water have sent further correspondence confirming that the updated drainage strategy is satisfactory and that they do not object to the proposal.

6.9 Flooding

The building has been designed with basement parking; bring the habitable rooms above the level of the Environment Agencies guidelines of flooding and possible sea level rises by 2060 and due to land level changes on site a suitable means of escape in the event of flooding. The Environment Agency has no objection to the proposal but recommends conditions if approved.

6.10 Stability

The site is located in an area of known ground instability therefore the application has been submitted with a ground investigation report which has been assessed by an independent Structural Engineer who although confirming that the additional load created by the development is likely to have an improvement on the current stability of the slope has raised some concerns in respect of the method of construction of the basement parking, while highlighting these concerns he has confirmed that this issue could be overcome and additional discussion are taking place with the applicant. Further information has been provided to which we are awaiting confirmation of the situation. This will be presented to members at the meeting.

7. Conclusion and Justification for Recommendation

7.1 Having due regard and appropriate weight to all material considerations referred to in this report, it is considered that the proposal makes a positive contribution to the street scenes of both the Esplanade and Queens Road and adds to the varied appearance of the Conservation Area.

8. Recommendation

Conditional Permission

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	Notwithstanding details on the submitted plans and application forms attached to and forming part of this decision no development shall take place until samples of materials and finishes, including mortar colour to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
3	The lime tree currently located on the Queens Road boundary of the site shall be replaced with a similar sized tree of a species and in a location to be agreed with the Local Planning Authority. Reason: In order to replace the amenity value of the tree within the street scene in accordance with Policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.
4	The development hereby approved shall not commence until the method for piling foundations has been submitted to and approved in writing by the Local Planning Authority. The piling shall thereafter be undertaken only in accordance with the approved details. Reason: To minimise the risk of pollution and to comply with Policy P1 (Pollution and Development) of the IW Unitary Development Plan.
5	No development shall take place until a detailed scheme (including calculations of capacity studies) for foul and surface water drainage from the site and any proposed soakaways have been submitted to and agreed with the Local Planning Authority in writing. Any such agreed foul and surface water disposal system shall indicate connections at points on the system where adequate capacity exists to ensure any additional flow should not cause flooding or over load the existing system, if necessary on alternative system for the disposal of surface water shall be submitted to and approved in writing by the LPA. Reason: To ensure an adequate system of foul and surface water drainage is provided for the development incompliance with Policy U11 (Infrastructure and Services Provision) of the IW Unitary Development Plan.
6	No development shall be undertaken until details of the positioning and type of treatment to be used as safety railings for the roof terrace areas and the balconies on the eastern elevation of the single dwelling element of the proposal have been submitted to and agreed in writing with the Local Planning Authority. Reason: In the interest of the amenities and privacy of the neighboring property and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
7	Not withstanding the details on the submitted plans attached to and forming part of this decision notice 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.
8	No development shall take place until a scheme of landscape implementation and maintenance for a minimum period of 5 years has been submitted to and approved in writing by the Local Planning Authority. All hard and soft landscape works shall be carried out in accordance with the approved scheme. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved design and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
9	No development shall commence on site until plans showing the recommendations made within the Mayer Brown Stage 1/2 Safety Audit June 2006 have been submitted to and approved in writing by the Local Planning Authority. Reason: In the interest of highway safety and to comply with Policy TR7 (Highway Considerations for New Development) of the IW Unitary Development Plan
10	Development shall not begin until details of traffic calming measures to restrict vehicle speeds and of a programme for their implementation have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details, and the measures shall be completed before the occupation of any part of the development or in accordance with the agreed programme. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
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 plan (400-07-601 Rev P2) which have been submitted to and approved by the Local Planning Authority. Reason: To ensure an adequate standard of highway and access for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
12	The development shall not be occupied until sight lines have been provided in accordance with the visibility splay shown on the approved plan (400-07-601 Rev P2)). 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.
13	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.
14	No dwelling hereby permitted shall be occupied until space has been laid out in accordance with drawing number 400-07-100 for 16 cars and 14 bicycles 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 other purpose than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with condition TR7 (Highway Considerations for New Development) and TR16 (Parking Policies and Guidelines) of the IW Unitary Development Plan.
15	Development permitted by this planning permission shall not be initiated by the undertaking of material operations as defined in Section 56 (4) a-d of the Town and Country Planning Act 1990 in relation to the development until a Section 287 Agreement in relation to proposed adoptable highway works and a planning obligations pursuant to Section 106 of the said Act relating to the land has been made and lodged with the Local Planning Authority and the Local Planning Authority has been notified by the person submitting the same that it is to the Local Planning Authority’s approval. The said Planning Obligation will make provision for education, open space and transportation payments. Reason: In the interest of safety for these hotel residence using the car park during hours of darkness in accordance with policy D11 (Crime and Design) of the IW Unitary Development Plan.

02

Reference Number: P/00828/06 - CAC/05282/F P/00825/06 - TCP/05282/G (Joint Report) Parish/Name: Cowes - Ward/Name: Cowes Castle East Registration Date: 31/03/2006 - Conservation Area Consent Officer: Miss S Wilkinson Tel: (01983) 823552 Applicant: Harold Cudmore Ltd Conservation Area Consent for demolition of dwelling in connection with construction of 4/5 storey building to form 13 flats to include basement parking; landscaping & vehicular access; detached house (revised scheme) 4 Queens Road, Cowes, PO318BQ These applications are recommended for Conditional Permission

Conditions/Reasons:

1

The works hereby authorised shall be begun not later than 3 years from the date of this consent. Reason: As required by s18 Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended).

2

Not withstanding details on the submitted plans and application forms attached to and forming part of this decision no development shall take place until samples of materials and finishes, including mortar colour to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.

03

Reference Number: P/00874/06 - TCP/02329/F Parish/Name: Sandown - Ward/Name: Sandown North Registration Date: 05/04/2006 - Full Planning Permission Officer: Mr J Mackenzie Tel: (01983) 823552 Applicant: Mr J Caplan Demolition of flats; construction of three storey block of 13 flats with roof terraces; parking & alterations to vehicular access (revised scheme) Parklands Holiday Apartments, 9 Winchester Park Road, Sandown, PO368HJ The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This is a major application which is proved contentious by reason of conflicting policy considerations. It follows a previous refusal and represents a re-submission and a revised scheme.

1. Details of Application

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

1.2 The proposal comprises demolition of the existing buildings and the redevelopment of the site with a block of 13 flats to a maximum of three storeys. Flats to be used for permanent residential occupation. Plans show a roughly L shaped floor plan with a proposed building almost abutting points on the Fitzroy Street and Winchester Park Road frontage. Development to comprise 3 x 2 bed flats and 1 x 1 bed flat on ground floor; 5 x 2 bed flats on first floor and 4 x 2 bed flats on second floor with areas of between 47m² and 76m². A total of 13 flats.

1.3 Car parking is shown to be of an existing vehicular access from Fitzroy Street serving 8 car parking spaces with a further 2 off Winchester Park Road. The first and second floors oversail the access off Fitzroy Street.

1.4 The flats are accessed via two separate stair wells with entrances on each of the Winchester Park and Fitzroy Street road frontages. Roof plan indicates top flats with the exception of those flats fronting Winchester Park Road to have roof terraces accessed from within the units.

1.5 Turning to design, the elevations in this revised application show the building to be a more traditional design with a semi-circular feature at the southern end situated almost abutting the boundaries of the frontages of both Winchester Park Road and Fitzroy Street.

1.6 Building is shown to be constructed and finished in brick work and render with some glass block features. It has a flat parapet bounded roof with glass block features incorporating the stair well accesses and escape route at roof level. However, there are 3 gabled roof features fronting Fitzroy Street and a conventionally shaped gable roof on the Winchester Park Road elevation.

2. Location and Site Characteristics

2.1 Site has an area of 0.07 hectares, overall dimensions of 38.6m on its frontage to Fitzroy Street and is presently occupied by an Edwardian style, essentially two storey building with a half timbered first floor under a gabled roof. The existing building has been extended probably about 40 years ago by the addition a three storey, flat roofed addition approximately doubling the size of the original building. Whilst described as holiday apartments, there is no restriction on the occupation of the said units.

2.2 Located on a corner site, the property relates directly to two other buildings, one fronting Winchester Park Road, the other, to the north, on the corner of Fitzroy Street and Grove Road. The former of these properties is a two storey building, with additions, one of a pair of semi-detached properties currently used as a private residence and three holiday units. It is of similar age from the application property that incorporates similar design features of gables, bays and fenestration of a vertical emphasis.

2.3 The property to the north is again of similar style but finished in red brick and pebble dash on first floor. However, this property is about 50 metres from the boundary of the application site in roughly a northerly direction and therefore does not relate so closely.

2.4 The area is characterized by fairly large building masses in comparatively substantial sites; strict building lines with a distinct character although it is acknowledged that some properties have modern additions.

2.5 The use of the area is predominantly residential but it does contain some hotels and guest houses etc.

3. Relevant History

3.1 Permission granted for alterations and extension in 1963 for the three storey extension located on the rear – no conditions regarding occupation.

3.2 In October of last year a scheme for the redevelopment of the site with 14 flats was refused on grounds of size and design, position and mass and lack of space around the building. The scheme was an Art Deco style and covered more of the site.

4. Development Plan Policy

4.1 PPG1 (General Policy and Principles) – states that the appearance of proposed development and its relationship to its surroundings are therefore material considerations in determining planning applications and appeals and furthermore, paragraph 15 states that good design should be the aim of all those involved in the development process and should be encouraged everywhere and, in addition, in paragraph 17 advises that local planning authorities should reject poor designs which may include those inappropriate to their context, for example those clearly out of scale or incompatible with their surroundings.

4.2 UDP Policy – D1 is applicable – D1 states development will be permitted only where it maintains or wherever possible enhances the quality and character of the built environment. Planning applications will be expected to show a good quality of design and should conform to the following criteria:

· Respect the visual integrity of the site and the distinctiveness of the surrounding area.

· Be sympathetic in scale, materials, form, siting, layout and detail.

· Of a height, mass and density which is compatible with the surrounding buildings and uses.

· Provide for safe, convenient access and circulation for the public including the disabled.

· Provide adequate daylight, sunlight and open aspect for the development and the adjoining uses.

· Respect historic street and footpath plans.

· Do not constitute over development leading to cramped appearance and obtrusiveness but include appropriate spacing between properties.

· Do not detract from the reasonable use and enjoyment of properties.

· Do not adversely affect the visual amenity of occupiers of the same building or site.

· Retain, maintain, enhance or create open spaces, views or other features which significantly contribute to the area.

4.3 Site is not within Conservation Area or Area of Outstanding Natural Beauty.

5. Consultee and Third Party Comments

5.1 Internal Consultees

· Highways Engineer confirms no objection to access, parking and turning, recommending conditions if approved.

· Conservation and Design Team comments to be reported.

5.2 Town Council comments.

Sandown Town Council objects on the grounds of over development of the site and inappropriate design.

5.3 Neighbours.

Five letters from the adjoining neighbours and local residents (two from one writer) objecting on grounds of inappropriate design; that the bicycle store will not work; overlooking from inadequate height of boundary to the roof terraces; excessive height and mass, loss of an attractive building; inadequate parking and congestion.

6. Evaluation

6.1 The main issues relating to this application are:

· Policy and principle

· The density (i.e. the numbers of units on the site)

· The mass, scale and site coverage

· The design, style and materials

· The effect on adjoining properties

· Matters relating to access and parking

6.2 The existing building contains 12 flats, originally used as holiday flats with uncontrolled occupancy and it is understood that the flats have been used for the last few years as residential units and therefore the potential is there to use the site purely for residential purposes as opposed to holiday use. The building is not listed and is not within a conservation area and therefore residential redevelopment is acceptable in principle.

6.3 In terms of density, there are presently 12 but comparatively small residential units within the building. The application seeks consent for 13, comprising 12 two bed flats and one single bedroomed flat. The building is still shown as three storeys in height, the only variation occurring in the building where access is gained to roof terraces and their enclosure which comprise the area fronting Fitzroy Street and excluding areas near the west and northern boundaries. The section of the new building where abutting the property in Winchester Park Road is also only 2 storeys in height.

6.4 In terms of mass, scale and site coverage, the application states that the existing building as a footprint of 282 sq metres; the proposed building has a footprint of 310 sq metres but this excludes that area which oversails the access and the true plan site coverage is 400 sq metres taking the ground floor plan as 310 sq metres this increase is marginal, about 10% but the true plan form represents an increase of a bout 41%. It should, however, be borne in mind that some parts of the existing footprint are single storey although the majority is both two and three storeys in height.

6.5 This resubmitted application no longer seeks to develop the site right up to its northeastern boundary. The building has been reduced by 4.7m back from the boundary but is approximately the same depth but leaving a distance of about 6 metres to the western boundary at its furthest point although, at its closest point, the building has been drawn back from the common boundary by approximately one mtetre. The building still oversails the access to the car parking area and some of the car parking spaces are accessed from beneath the building.

6.6 The form of the building retains the semi-circular feature on the frontage to Winchester Park Road and whilst it projects beyond the line of existing buildings in Winchester Park Road, it is set one metre back from the front boundary of the site. The proposed building is also about one metre from the boundary with Fitzroy Street but it should be remembered that some parts of the existing building abut the boundary.

6.7 The most controversial part of the previous application was its design, the style and the external appearance and its setting and the revised scheme approaches the design solution in a more traditional way including more vertical emphasis in its proportions including fenestration and main elements to the building. The elevation to Winchester Park Road incorporates gables, some half timbering features and, the half round tower feature on the southeastern corner, visible from both Winchester Park Road and the Fitzroy Street.

6.8 The Fitzroy Street elevation now incorporates two similar sized gables and one smaller one over the access to the car park, features which are found in the vicinity and upon comparison with the profile of the existing building, the roof height of the new building is exceeded only in the gable features fronting Fitzroy Street. The mass of the structure is increased. Inevitably, by introducing gable features on an elevation where a pitched plane already exists, the perceived mass will be greater. The main feature of the building, which symbolises its redevelopment, is the tower feature on the corner which is shown in the drawings to be in stone but which would be more appropriate in a render.

6.9 The area is characterised by late Victorian/Edwardian style although many of the buildings in the locality have been painted, altered and extended, many of the structures contain original design features and proportions. The proposal as revised seeks to introduce a modern interpretation of that style with features of similar proportions of properties in the vicinity and although most of the properties in the area are two storeys they are of greater storey heights due to their era and, indeed, there are other instances of three storey accommodation in the area.

6.10 In terms of the external appearance, the determination must turn on whether or not the building is acceptable in its context and, where as with the previous proposal represented a divergence from the style, the proposed building is now very much more in keeping with the style in this location.

6.11 Turning to the effects on adjoining properties, direct effects are probably limited to the adjoining property to the west since, in this corner location, viewed out of the site in a southerly and easterly direction there are intervening highways separating the site from other development. In addition, to the north, the property located on the corner of Fitzroy Street and Grove Road is approximately 20 metres from the common boundary between the two and the reduction in this revised scheme increases the distance between buildings to about 25 metres. Bearing in mind the details of the elevation fronting the adjoining property to the north contains only four windows which serve toilets and kitchens on first and second floors, the windows can be glazed in obscure glass to ensure overlooking does not occur. The inclusion of windows in that elevation is felt necessary to punctuate the otherwise plain appearance.

6.12 The adjoining property to the west, a property which is used as a dwelling at the front and holiday flats towards the rear, incorporates a small swimming pool and amenity area to the rear of the property. In the previous application it was claimed that this area would be overlooked by the flats proposed and that a loss of privacy would result. The wing of the proposed building, projecting in a northerly direction projects beyond the further projection of the adjoining property and contains two flats on the first and second floors. Both of these flats contain bedroom windows but the plan show the bottom of those bedroom windows to be glazed in obscure glass to prevent any overlooking. Some of the other flats further to the front of the site also contain bedroom windows where a more oblique view may be gained. However, it should be accepted that, in any urban situation some overlooking will occur due to the intimate nature of development. There is also an external fire escape located in the rear of the existing building but it should also be noted that the adjoining property has a raised patio/balcony which, in turn, overlooks the rear of the application site.

6.13 It should be remembered that, in any urban situation, unless substantial distances exist between properties or very substantial and high boundary screening is in existence and maintainable, that there will always be a degree of overlooking between neighbouring properties. It is considered that, bearing in mind the existing and proposed situations, a degree of overlooking is likely to result and is not sufficient to warrant a refusal in its own right. However, the mass of the new building will have an enclosing impact on the adjoining property but due to the reduction in its length, which is now only about 4 metres longer than the existing building, any enclosing effect or domination is significantly reduced.

6.14 In terms of access and parking, the existing property comprises 12 flats and has 9 car parking spaces. The proposal is to increase the number of flats to 13 and provide 10 car parking spaces. This means an increase in 1 unit and an increase in 1 car parking space. Although it is acknowledged that, of the 13 units, only one is a one bedroom unit and therefore potentially, car parking demand could be significantly increased.

6.15 The site is located within parking zone 3 where 0-75% of maximum non-operational vehicle parking provision would be allowed on site. Therefore of the 25 bedrooms proposed within the development, between 0 and 19 car parking spaces would be appropriate.

6.16 The proposal involves widening the existing access, which presently serves one vehicle, off Winchester Park Road thus allowing two vehicles to be parked side by side in front of the building without the ability to turn on site.

6.17 The existing vehicular access into Fitzroy Street is proposed to be narrowed, access passing beneath the building with four spaces accessed from beneath the building abutting the northern boundary, with a further four spaces at the rear of the site.

6.18 The Highway Engineer again considers the details regarding access, parking and turning, cycle parking and refuse facilities to be acceptable and therefore raises no objection. His only concern relates to the visibility at the access and the need to provide a better visibility splay.

6.19 As the development is a major one and in excess of 10 units, contribution towards educational facilities and towards open space provision and/or maintenance are appropriate

7. Conclusion and Justification for Recommendation

7.1 This is a redevelopment for residential purposes on a site situated in a residential area and adjoining other residential uses even though some of the uses in the area include holiday accommodation. The introduction of a sympathetic architectural style now does not contrast with the general style of development in the location despite the inclusion in the scheme of the round tower feature at the corner of the site. This is a prominent site, and the inclusion of this feature at the junction of Winchester Park Road and Fitzroy Street is not felt to clash nor impose on the character of the area. Accordingly, the development now is consistent with Policy D1, D2, TR7, H4, H6 of the Isle of Wight Unitary Development Plan.

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	The development hereby permitted by this planning permission shall not be initiated by the undertaking of any material operation as defined in section 56 (4) (A) - (D) of the Town and Country Planning Act 1990 in relation to the development, until a planning obligation pursuant to S106 of the said Act relating to the land has been made and lodged with the Local Planning Authority and the Local Planning Authority has notified the person submitting the same that it is to the Local Planning Authority's approval. The said Planning Obligation will provide for the payment of a sum set out the current contribution rate for the purpose of provision of educational facilities and the provision or maintenance of open space facilities in the area. Reason: To ensure the development does not put undue pressure on the education and open space provisions within the area and in accordance with Policy U2 of the IW Unitary development Plan.
3	Notwithstanding the approved plans and the material shown thereon, no development shall take place until details of materials and finishes and detailing of the facades and roofs including mortar colour to be used in the construction of the external surfaces of the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interest of the amenities of the area and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
4	No development shall take place until details of finished floor levels relative to the adjoining pavements and the adjoining property have been submitted to and approved by the Local Planning Authority. The development shall thereafter be carried out strictly in accordance with those 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 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; 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.
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	No development shall take place on the site 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 fully operational to the reasonable satisfaction of the Local Planning Authority. Reason: To ensure that foul water/surface water/storm water run off is satisfactorily accommodated and to comply with Policy P1 (Pollution and Development) and Policy G6 (Development in Areas Liable to Flooding) of the IW Unitary Development Plan.
8	No dwelling hereby permitted shall be occupied until space has been laid out within the site and drained and surfaced in accordance with drawing number 1148/01 for 10 cars& 13 bicycles 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.
9	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 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.
10	No building shall be occupied until the means of vehicular access thereto has been constructed in accordance with the approved plans. Reason: To ensure adequate access to the proposed development and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
11	No building shall be occupied until the means of access thereto for pedestrians and cyclists has been constructed in accordance with the approved plans. Reason: To ensure adequate safe provision of facilities for pedestrians and cyclists wishing to gain access to the site and to comply with policy TR6 (Cycling and Walking) of the IW Unitary Development Plan.
12	Notwithstanding condition number 6 above and the approved drawings the brick boundary wall on the Fitzroy Street frontage forward of the bin store shall be reduced in height to improve the visibility to the left for drivers and pedestrians crossing the access/egress. The wall shall be a maximum of 1 metre in height across the frontage. Reason: In the interests of highway safety and to comply with Policy TR7 of the IW Unitary Development Plan.,
13	Development shall not begin until details of the sight lines to be provided at the junction between the access of the proposal and the highway have been submitted to and approved in writing by the Local Planning Authority and the development shall not be occupied until those sight lines have been provided in accordance with the approved details. Nothing that may cause an obstruction to visibility shall at any time be placed or be permitted to remain within the visibility splay shown in the approved sight lines. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
14	The bottom half of the bedroom windows on first and second floors in the western elevation of flats 10, 11, 12 and 13 shall be glazed and shall thereafter be maintained in obscure glass to the reasonable satisfaction of the Local Planning Authority. Reason: In the interests of the privacy and amenity of the adjoining residential property and in accordance with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

04

Reference Number: P/01049/06 - TCPL/10397/Y P/01059/06 – LBC/10397/X) (Joint Report) Parish/Name: Newport - Ward/Name: Newport North Registration Date: 24/04/2006 - Full Planning Permission Officer: Miss S Wilkinson Tel: (01983) 823552 Applicant: Primeco Ltd Demolition of buildings at rear; conversion of 1st and 2nd floors of existing post office into two flats; 1/2/3 storey extension to provide additional retail area and staff facilities at ground floor and ten flats at 1st and 2nd floors; alterations to pedestrian access Post Office Counters Ltd, Newport Post Office, 99 High Street, Newport, PO301AB These applications are recommended for Refusal

REASON FOR COMMITTEE CONSIDERATION

This is a major application of Island wide significance.

1. Details of Application

1.1 This is a joint report for planning application and listed building consent for the demolition of buildings at rear; conversion of first and second floors of the existing Post Office into two flats; 1/2/3 storey extension to provide additional retail area and staff facilities at ground floor and ten flats at first and second floors; alterations to pedestrian access.

1.2 Due to the town centre location of this site it is a no car parking scheme, with three car parks close to the site and bicycle parking provided for each unit.

1.3 The proposal comprises 2 three bedroom flats within the first and second floor of the existing Post Office and a mix of 2 one bedroom flats and eight 2 bedroom flats in the proposed new block.

1.4 The proposal sees a single storey extension to the existing Post Office building to provide additional retail facilities stretching the length of the site with residential units above along the Lugley Street elevation moving part way down Post Office Lane.

1.5 The High Street elevation will be unchanged. The single storey extension will not be visible from Post Office Lane with the existing wall being replaced with the inclusion of lighting to improve security. The Lugley Street elevation has been designed to incorporate features of the existing Post Office so that the development is read in relation to Post Office Lane and the building fronting the High Street. The features of Lugley Street have also been incorporated with the development reading of a similar height to the proposed redevelopment at the neighbouring site. Materials proposed are of mixed brick render for the external walls with a slate roof.

2. Location and Site Characteristics

2.1 The High Street elevation of the site will be well known to Members as it is the current Post Office building which will visually remain unchanged the site then continues for the length of Post Office Lane, with a proposed new building fronting Lugley Street. The proposed development represents 100% site coverage with much of the built form being in single storey to provide the additional retail space for the Post Office use.

2.2 Lugley Street is of mixed appearance with a combination of terrace properties. The detached Lugley House, Lugley Street car park and the proposed redevelopment of the former cinema site with a hotel building. There is a mix of uses within Lugley Street including restaurants, offices and residential properties. The High Street is of extensive mixed usage

2.3 The street scene is characterised by two/three storey buildings of early 19^th Century cottages to late Victorian terraced styles, of mainly brick construction with slate roofs.

3. Relevant History

3.1 Not applicable.

4. Development Plan Policy

4.1 National Policy Guidance

· PPG3 – Housing and PPS Consultation Paper 3, relating to housing are applicable.

· PPG6 – Town Centres and Retail Development

· PPG15 – Listed Buildings and the Historic Environment.

4.2 The following Strategic Policies within the Unitary Development Plan are applicable:

· S1 – New Development will be Concentrated within Existing Urban Areas

· S2 – Development will be Encouraged on Land which has Previously been Developed

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

· S7 – Provision of Housing Units on the Isle of Wight

· S11 – Reducing Reliance on the Private Car

· S14 – New Retail Development will be Expected to Locate within Existing Town Centres

4.3 The following Unitary Development Plan policies are applicable:

· G1 – Development Envelopes

· G4 – General Locational Criteria

· G10 – Existing Surrounding Uses

· D1 – Standards of Design

· D2 – Standards for Development within the Site

· D5 – Shop Fronts and Signs

· D11 – Crime and Design

· D12 – Access for People with Disabilities to Buildings Open to the Public

· D14 – Light Spillage

· B1 – Alterations and Extensions to Listed Buildings

· B2 – Settings of Listed Buildings

· B3 – Change of Use of Listed Buildings

· B4 – Demolition of Listed Buildings

· B6 – Protection and Enhancement of Conservation Areas

· H4 – Unallocated Residential Development

· H10 – Above Ground Floor level in Town Centres

· E1 – Promote Suitably Located New Employment Uses

· TR6 – Cycling and Walking

· TR7 – Highway Considerations for New Development

· TR16 – Parking Policies and Guidelines

· R1 – Existing Town Centres

· R2 – New Retail Development

· R8 – Residential Use of Upper Floors in Town Centres

· U11 – Infrastructure and Services Provision.

5. Consultee and Third Party Comments

5.1 Internal Consultees

· The Council’s Crime Prevention Design advisor has no objections to the application and recommends some requirements which can be included as conditions and an informative letter with decision notice if approved.

· Following negotiations in respect of opening hours Environmental Health do not object to proposal but recommend conditions in this regard.

· Conservation and Design Team have been involved in negotiations in relation to the design of the flatted development but have raised concerns in respect of the demolition. These are discussed within the evaluation section of this report.

5.2 Others

· Two letters of objection have been received the points contained within which can be summarised as follows;

· Concern over the loss of the Post Office within the High Street

· The proposal would obscure the view of the rear of the listed building now known as Red House Spa which fronts High Street and is listed

· Land locking land to the rear of 97 High Street (known as Red House Spa)

· Another letter of comment has been received stipulating it is not an objection however requesting whether it would be possible to reincorporate the toe/boot cut out and the hand grips that were a feature of the side wall of the Post Office within Post Office Lane into the new scheme as they are believed to be of historic relevance.

· A letter of objection has been received from Councillor Gary Price in regard to drainage capacity at the Newport Pumping Station although conditions have been recommended if Members are minded to approve the application.

6. Evaluation

6.1 The determining factors in considering this proposal are considered to be as follows:

· Design of flatted development

· Conversion of upper floors of the Post Office

· Retail extension

· Impact on the Listed Building

· Drainage

· Highway/Parking

6.2 Design

The proposal has been development in order to incorporate features from the Post Office building to which it relates in construction and use terms but has also includes detailing from buildings within Lugley Street. The development is three storeys with a central gable features within the front elevation of the proposed flats to define an entrance, provide a break in the roof and reduce the massing of the building. The building is predominantly a mix of red and grey with red detailing facing brick with the central gable feature being through colour render to both provide a visual break and reduce the massing that would result if the building was all brickwork.

The design includes a number of windows overlooking Post Office Lane in order to improve surveillance. The corner of the building on Lugley Street and Post Office Lane has also been splayed from the position of the existing wall in order to increase the opening onto Post Office Lane to allow for improved pedestrian flows as well as increased safety by widening this element of the Lane. Detail features have been incorporated into the new wall of Post Office Lane including lighting and in filled windows opening. A letter has been received requesting whether it is possible to retain hand grabs and foot/boot cut outs, which are currently in the side of this wall and were used by the police when the sorting office was in use in order to pull themselves up to the level of the windows. Although Conservation does not feel these features are of high historical merit, the developer has agreed to incorporate these features in the new wall and place a plaque detailing their previous usage.

6.3 Conversion of upper floors of the Post Office

The proposal incorporates a plan for the conversion of the first and second floors of the Post Office that are currently only used for a staff room and toilets. These facilities will be provided within the new retail ground floor extension and the upper floor of the Post Office converted to provide two residential units. The upper floors have been significantly altered and subdivided in the past and therefore minimal alterations will be required with the proposal being for a unit on each floor. Some original features do remain including coving and skirting, being replaced where possible.

Although the principle of these works are considered acceptable, concerns have been raised by Conservation in respect of the proposed removal of a central spine wall between bedrooms 1 and 2 on the first floor which would interfere with the ceiling mouldings and would seem to be unnecessary as retention of the line of the original wall could still achieve a suitable layout.

The access to the extension that would be demolished as part of this proposal is gained through the existing building and therefore the conversion of the upper floors could not be undertaken independently of other works with the need to provide windows in place of the existing door that gives access to the extension.

6.4 Retail Extension

The proposal includes the removal of the existing sorting office and a small two-storey extension, which is not clearly visible due to the existing buildings to the rear of the main Post Office. The existing sorting office currently forms the wall of Post Office Lane which will be replaced as part of the extension and splayed at the Lugley Street corner to both provide an access point into the shop as well as increasing the width of the Lane.

The proposed extension will provide a single storey retail element that will run the length of the site and allow access from both High Street and Lugley Street. As well as improving the current retail element and Post Office on site and providing a convenience store in the centre of Newport the proposed extension will also bring the staffing facilities on site in line with Disability Discrimination Act requirements.

6.5 Impact on the Listed Building

As discussed the site is located within Newport Conservation Area and is a Grade II Listed Building. The proposed development involves the demolition of the disused sorting office, which also forms the wall to Post Office Lane, ancillary structures to the rear as well as a two-storey element to the western part of the rear of the building. The original plans submitted with the application did not include the extension, which was only discovered during a site visit when it became evident that there was a discrepancy in the plans. Due to this no details of the treatment of the remaining rear elevation are shown. No historical analysis or justification for any of the demolition has been provided. It has been questioned as to whether these works are required or whether the elements proposed for demolition can be incorporated into the proposed development allowing for the retention of wood block floors and wide span metal roof trusses within the sorting office. The principle of these works may not be unacceptable if suitable justification for demolition is provided in line with PPG 15. Currently however the works are considered to be unjustified demolition of part of a listed building.

6.6 Drainage

Comments have been received from Southern Water who confirm that the system to which the flow would connect is a combined system and although there is not currently sufficient capacity they confirm that if the surface water that is currently draining into the combined system is removed adequate capacity will be created for the foul flow from the development and the surface water can then be attenuated to ensure that the net flow is controlled. In these circumstances Southern Water would not object. The applicant is in continued discussions with Southern Water.

6.7 Highways/Parking

The proposed development is located predominantly within parking guidance zone 1 in which no on-site parking either operational or non-operational will be allowed. The proposal has been submitted in full accordance with policy as a no parking scheme, but does provide secure bicycle parking for each unit and the site has a number of car parks nearby.

7. Conclusion and Justification for Recommendation

Having due regard and appropriate weight to all material considerations referred to in this report, it is considered that although the design of the proposed flatted development and the conversion of the upper floors of the existing building are acceptable in principle there is insufficient justification for the extent of demolition and the proposed works to the listed building.

8. Recommendation

Refusal

Reason:

1	The proposed development has been accompanied by insufficient justification for the demolition of part of a listed building and as such is considered contrary to Policies B4 (Demolition of Listed Buildings) of the IW Unitary Development Plan.

05

Reference Number: P/01059/06 - LBC/10397/X P/01049/06 - TCPL/10397/Y (Joint) Parish/Name: Newport - Ward/Name: Newport North Registration Date: 24/04/2006 - Listed Building Consent Officer: Miss S Wilkinson Tel: (01983) 823552 Applicant: Primeco Ltd LBC for demolition of buildings at rear; conversion of 1st and 2nd floors of existing post office into two flats; 1/2/3 storey extension to provide additional retail area and staff facilities at ground floor and ten flats at 1st and 2nd floors; alterations to pedestrian access Post Office Counters Ltd, Newport Post Office, 99 High Street, Newport, PO301AB These applications are recommended for Refusal

Reason:

1	The proposed development has been accompanied by insufficient justification for the demolition of part of the listed building and as such is considered contrary to Policies Be (Demolition of Listed Buildings) of the IW Unitary Development Plan.

06

Reference Number: P/01165/06 - TCP/01220/U P/01264/06 – CAC/01220/V (Joint) Parish/Name: Arreton - Ward/Name: Central Rural Registration Date: 05/05/2006 - Full Planning Permission Officer: Mr J Mackenzie Tel: (01983) 823552 Applicant: Isle of Wight Council Demolition of single storey cloakroom/wc area and removal of three mobiles; alterations and single storey extensions to provide additional accommodation for school and pre-school; new hard-play area and car park/drop-off point; alterations to vehicular access; siting of mobile to provide temporary additional school accommodation Arreton St Georges C of E Primary School, Main Road, Arreton, Newport, PO303AD These applications are recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

A major application and associated Conservation Area Consent submitted by the Council.

1. Details of Application

1.1 This is a full application with all matters to be considered at this stage and Conservation Area Consent sought for limited demolition within the Conservation Area.

1.2 The proposal comprises the removal of three mobile classrooms with a combined area of 181 sq. metres plus links to the existing school buildings located on the north eastern side of the school and for the replacement and enhancement of additional floor space for permanent teaching and other facilities with a combined floor area of 479 sq. metres. The replacement floor space is to be provided to both east and west sides of the school but towards the rear (north).

1.3 The increased floor space provides for classrooms, secure foyer and reception area, cloakrooms, toilets, playroom, reception class and baby room with other associated facilities and, in addition, to the north a covered play area and buggy park.

1.4 The proposals also provide for a new car parking area and drop off point immediately adjoining the western side of the school and, in addition, a further car park situated off Church Lane at the northwestern extent of the school grounds to the north east of the White Lion Public House. The car park in this area allows for parents to deliver children off the road but within the school grounds and enables them to walk from the car park, within the school grounds to the school buildings.

1.5 Access to the car park would be off Church Lane, egress adjoining Vicarage Cottage and the car park to operate in a one way system.

1.6 Elevations and plans of the extensions show there to be two main elements comprising off square plan form, each having a pyramid shaped roof with a central, pyramid shaped feature at the apex. These are situated at the extreme east and west ends of the plan form with an existing hipped roofed element situated in the middle with areas linked by large flat roofed areas incorporating both flat and pyramid shaped roof lights.

1.7 Designed in a fairly contemporary style but using mostly traditional materials such as brick and slate and white windows, the design incorporates proportions found within the existing buildings but with a more horizontal rather than vertical emphasis.

1.8 The proposals also include the rationalisation and re-laying out of the car parking adjoining the school providing a formal car park and bus drop off point in close proximity to the school buildings and accessed directly off School Lane.

1.9 Due to historical factors a vehicular right of way is retained through the car park, across the school land to farm land beyond.

1.10 The application is accompanied by a school travel plan.

2. Location and Site Characteristics

2.1 Arreton Primary School comprises an original Victorian style building with later additions and is located within its site of approximately 0.9 hectares situated on the north side of School Lane, off Arreton Main Road approximately 150 metres southeast of the White Lion Public House.

2.2 The buildings are essentially red brick under slate roofs of Victorian design located in the extreme eastern extent of the school grounds and, presently, include three mobile classrooms and additional links back to the main school buildings.

2.3 To the north and east is open farmland. To the south on the southern side of School Lane, there are residential properties which front Main road whilst to the west, hard play areas, playing fields and beyond, the group of buildings including the Public House, the Church and Arreton Craft Village as well as additional dwellings.

2.4 The area proposed for the additional car park is on the eastern side of Church Lane, presently an undeveloped green field but which is already used for parking.

3. Relevant History

3.1 Extension to enlarge hall approved December 2000.

3.2 Siting of mobile classroom approved November 2001

4. Development Plan Policy

4.1 National Policy Guidance

UDP Policy

· U1 – The Location of Health, Community, Religious and Education Services

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

· U5 – Schools Provision

· U7 - Provision of School Playing Fields, and Protection from Development

· U8 – Use of Private Dwellings for Playgroup/Pre-school Provision

· D1 - Standards of Design

· D2 - Standards for Development within the Site

· D3 - Landscaping

· Highway Considerations for New Development

· B6 – Protection and Enhancement of Conservation Areas

· B7 – Demolition of Non-Listed Buildings in Conservation Areas

· B8 – Alterations and Extensions on Listed Buildings in Conservation Areas

4.2 The site is located within a Conservation Area.

4.3 Part of the site containing the buildings is within the designated development envelope.

4.4 Site is shown within the UDP for educational purposes.

4.5 The site is contained within the designated Area of Outstanding Natural Beauty.

5. Consultee and Third Party Comments

5.1 Internal Consultees

· Highway Engineer recommends conditions if approved but points out that a road safety audit (Stage 2) should be carried out and although requested was not received at the time of writing.

· Conservation and Design Team consider that the limited demolition creates no harm to the Conservation Area or the character of the buildings and that the removal of the temporary classrooms and links represent and enhancement of the Conservation Area. Furthermore, the design of the replacement buildings and the extensions are an attractive and positive enhancement to the Conservation Area and the group of buildings and that the contemporary approach to the alterations does not compete or detract from the existing school buildings and represents a sympathetic interpretation of style and character of the existing buildings.

· The AONB unit are happy with the design and layout and raise no objection, but raise concern regarding the formation of the car park and are satisfied with the proposed community use. Suggests the installation of a crossing and the continued use of the Community Centre for ‘drop off’.

5.2 External Consultees

· English Heritage recommends that the applications be determined in accordance with National and Local Policy Guidance and on the basis of your specialist conservation advice.

5.3 Town or Parish Council

· Not received at the time of writing.

5.4 Neighbours

· One letter from an adjoining neighbour strongly supporting the idea of a community car park but raising concern over the position of the egress of the car park which is in close proximity to their access and garage and the likely hazards that this would result. Questions the accuracy of this part of the drawing and suggests that the exit should be repositioned away from their garage. Raises concern over transportation of mud onto the road by the use of the field for parking as at present.

6. Evaluation

6.1 The main issues relating to this application are considered to be:

· Policy and principle

· Design including visual impact, effect on the Conservation Area

· Access, car parking and other highway associated issues such as Travel Plan

· Drainage issues

· Effect on adjoining properties

6.2 Arreton, St George’s Primary School is a school of long establishment. The site is shown within the UDP as allocated for educational purposes and policies regarding a provision of such facilities are supportive. Accordingly, there is no sustainable objection to development of the site to improve educational facilities.

6.3 It is understood that the school roles would not be significantly affected, any fluctuation in numbers of pupils attending the school will be through natural fluctuations rather than changing catchment areas and apart form the replacement of substandard mobile class room units, the additional floor space, which represents and increase of about 280 sq metres is required by improved standards to cater for existing school roles.

6.4 Additionally, the improved accommodation gives the ability for a shared use of the facilities, a community use with pre-school classes and, in the case of the car park provision, it can be used for car parking in connection with the out of school hours activities and for the public house use as well as extra car parking in connection with this part of the village when not required for school associated activities.

6.5 The introduction of car parking in principle does raise concerns over the increased visual impact, especially when one considers the amount of car parking which takes place on the south side of the main road opposite the public house. That land is highway verge and car parking has taken place without authorization over many years. In order to offset any increase in visual impact that the new proposed car parking will have, it would be appropriate to take steps to prevent car parking on the southern side of the highway by the introduction of a suitable design of posts for example and returning the area to grass verge and reversing the substantial erosion which has occurred. That land is highway verge and therefore within the ownership and control of the Council to take such steps in a manner fitting to the Conservation Area and Area of Outstanding Natural Beauty. However, that land is outside of the application site and therefore cannot be the subject of conditions and, indeed, the replacement car park with its associated community possibilities is needed now, as part of the proposed development rather when the unauthorised car parking is removed.

6.6 Bearing in mind the site’s position in the Conservation Area, the fact that it is situated within the Area of Outstanding Natural Beauty and the fact that it is comparatively prominent, the design and form of the proposal is most important. Several sketch schemes have been considered for the design of the extensions ranging from traditional to contemporary but these were felt to compete with the style and character of the existing buildings. The design which has been submitted is an uncomplicated contemporary interpretation of the mass and style of the existing the buildings and the sympathetic use of materials of a traditional appearance. In the main, brickwork for the walls and slate for the visible roofs, but pyramidal roof lights sympathetic to the design adequate to light the various areas within the new building. The original buildings are essentially a red clay brick with a buff brick detailing and rather than to merge the existing buildings into the new extension in a subdued buff coloured brick under slate roofs will not compete with the appearance of the original buildings.

6.7 In terms of visual impact, the most prominent view point from which the development will be seen is from the downs to the north, the Area of Outstanding Natural Beauty. Views will be down upon the buildings and the use of the flat roof linking the main elements will not detract from the roofscape of the original buildings and, in this instance, the use of flat roofs will reduce the perceived mass of the structure.

6.8 The two areas of highway consideration are the changes to the access and parking arrangements adjoining the school buildings and the new car park off Church Lane. The re-arrangement of the access, parking and bus drop off point at the school is considered as a rationalisation exercise, improving the safety for delivery of pupils to the school by bus and for staff parking. The provision of the car park close to Church Lane is intended to segregate parent traffic from staff traffic so that the pupils are delivered to the western part of the school grounds and can walk, supervised to the school via a hard surfaced footpath. This will have the effect of reducing congestion around the junction with School Lane and Main Road and is seen as a distinct improvement. The new car park off Church Lane also has visual impact implications as detailed above but with that as a substitute car park for that on the south side of the main road, the benefits will be of pedestrian safety and lesser visual impact. It will, however, be up to the Council to take steps to prevent car parking on the southern side of the road as mentioned above.

6.9 In terms of drainage, it is understood that school roles will not be significantly affected; numbers of pupils will fluctuate as already. Therefore increased load is not anticipated. The increase in roof area will have storm water drainage implications which can be solved by the imposition of appropriate conditions. It is understood that foul sewage at the school is already dealt with via a comparatively recently installed sewage treatment plant which is of sufficient capacity, but, again, a condition can be applied to insure that a satisfactory means of disposal are achieved.

6.10 In terms of possible effects on adjoining properties, there are possibly four residential properties on the south side of School Lane which could be seen to be affected but no representations have been received. These properties are unlikely to realise any affect as the main part of the enlargement is not only on the opposite side of School Lane but also on the northern side of the building. It is expected that congestion caused by the mix of staff and parent traffic in School Lane is likely to be reduced and therefore disturbance will also be reduced. A large proportion of the proposed development will take place upon that area which is presently occupied by mobile classrooms and therefore visual impact will be similar but as the appearance is to be significantly improved no adverse visual impact is anticipated.

6.11 The car parking provision situated off Church Lane could impact on at least three properties, Vicarage Cottage which is the property immediately adjoining to the south and fronting the north side of the main road and Pump Cottage situated on the opposite of Church Lane approximately level with the northern most part of the car park and the Vicarage to the north. Further to the north there are other cottages which may also be affected but to a lesser degree possibly through increased vehicular activity but the only representation received is from the owner of the property known as Vicarage Cottage fronting the main road. This representation, whilst supporting the concept of the development raises concern over the egress from the car park and the proximity of that egress to their own vehicular access and parking provision. In response to this representation revised plans have been received re-siting the egress to ensure conflict between the two do not occur.

6.12 Whilst a Road Safety Audit has not (at the time of writing) been submitted, a condition can be applied to ensure it is done prior to commencement of the development.

6.13 One of the issues of concern is that of lighting, the type, intensity and timing of the use of lights which can be controlled but, of course, there is a crime and disorder implication with regard to the hours of illumination of the car park.

7. Conclusion and Justification for Recommendation

7.1 These applications have been submitted by the Council prompted by the need to remove the mobile classrooms and to replace them with a more permanent and appropriate solution together with an increase in floor area to meet with necessary standards for the existing school role.

7.2 The design scheme put forward is considered to be eminently appropriate, attractive in itself and, whilst contemporary, is sympathetic with a traditional appearance of the existing buildings and does not compete with it. The segregation of parent and staff (and bus) traffic is felt to be a positive step and the community uses implicit in the scheme also meet with policy objectives. Accordingly, the scheme is considered appropriate and consistent with all relevant policies within the Isle of Wight Unitary Development Plan.

8. Recommendation

Conditional Permission (both applications)

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 and detailing to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
3	No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include [proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (eg. furniture, play equipment, refuse or other storage units, signs, lighting, etc); proposed and existing functional services above and below ground (eg. drainage power, communications cables, pipelines, etc, indicating lines, manholes, supports, etc); retained historic landscape features and proposals for restoration, where relevant]. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
4	The development hereby approved shall not be brought into use until a scheme of lighting including details of the lamp standards, positions and means to minimise light spillage have been submitted to and approved in writing by the Local Planning Authority. Thereafter the lighting scheme shall be implemented strictly in accordance with the approved details to the reasonable satisfaction of the Local Planning Authority. Reason: In the interest of the amenities of the area and the adjoining property in particular and in accordance with Policy D1 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 use hereby permitted is commenced/before the building(s) hereby permitted (is/are) occupied/in 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	Before development commences details of the surfacing, delineation and drainage of the car parks shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved details shall be adhered to strictly and maintained to the reasonable satisfaction of the Local Planning Authority. Reason: In the interests of the amenities of the area and to ensure adequate off street car parking in accordance with Policies D1 and TR7 of the IW Unitary Development Plan.
7	No building shall be occupied until the means of vehicular access thereto has been constructed in accordance with the approved plans. Reason: To ensure adequate access to the proposed development and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
8	No building shall be occupied until the means of access thereto for pedestrians and cyclists has been constructed in accordance with the approved plans. Reason: To ensure adequate safe provision of facilities for pedestrians and cyclists wishing to gain access to the site and to comply with policy TR6 (Cycling and Walking) of the IW Unitary Development Plan.
9	No building hereby permitted shall be occupied until space has been laid out within the site in accordance with drawing number 1185-009 for 11 cars to be parked and for 8 cycles to be securely 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.
10	No construction traffic shall enter the 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 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.
11	No highway works shall commence on site until a Stage 2 Road Safety Audit has been carried out in accordance with HD 19/03 of DMR & B Volume 5, section 2 part 2. The safety audit will be submitted to the Local Planning Authority for approval. Any matter arising from the audit will be addressed and revised drawing submitted for approval in writing by the Local Planning Authority. Reason: All work will be carried out in accordance with the approved plans and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

07

Reference Number: P/01264/06 - CAC/01220/V P/01165/06 – TCP/01220/U Parish/Name: Arreton - Ward/Name: Central Rural Registration Date: 22/05/2006 - Conservation Area Consent Officer: Mr J Mackenzie Tel: (01983) 823552 Applicant: Isle of Wight Council Conservation Area Consent for demolition of single storey cloakroom/w.c. area; removal of three mobiles & chimney stack in connection with alterations & single storey extensions to provide additional accommodation for school & pre-school; new hard play area & car park/drop-off point; alterations to vehicular access; siting of mobile to provide temporary additional school accommodation Arreton St Georges C of E Primary School, Main Road, Arreton, Newport, PO303AD These applications are recommended for 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

The works of demolition hereby authorised shall not be commenced until a binding contract for the carrying of the works of redevelopment of the site has been entered into and planning permission has been granted for the redevelopment for which the contract provides. Reason: In order to protect the special character of the area and to prevent the site remaining partially vacant for a significant period of time and to comply with Policies B1 to B8 (Listed Buildings in conservation Areas) and D1 (Standards of Design) of the IW Unitary Development.

08

Reference Number: P/00269/06 - TCP/27238/A Parish/Name: Havenstreet & Ashey - Ward/Name: Ashey Registration Date: 14/02/2006 - Full Planning Permission Officer: Mr C Hougham Tel: (01983) 823552 Applicant: R J & D E Billings Ltd Demolition of workshop buildings; residential development of 2 detached houses & a pair of semi-detached houses with parking & new access drive off Main Road; closure of existing access, (revised scheme) land adjacent, Sans Souci, Main Road, Havenstreet, Ryde, PO33 The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The application has attracted a considerable number of letters of objection from local residents which conflict with the recommendation.

Introduction

This application was considered at the meeting held on 9 May 2006; the recommendation was to grant conditional permission.

Committee accepted principle the development of this site with four dwellings but deferred consideration to allow time for a Road Safety Audit to be carried out in order to assess in detail the highway implications of the new vehicular/pedestrian access to serve the proposed development.

In terms of the detail of the scheme Members accepted the applicant’s agents offer to amend the layout by re-siting the proposed pair of semi-detached houses further away from the northwestern boundary of the site in order to mitigate against any limited adverse affects on the current level of amenity presently enjoyed by the owners/occupiers of the neighbouring property (Little Cedars).

The following report is identical to the one submitted to the meeting on 9 May 2006 with appropriate additions/amendments, in bold type, which highlight the findings of the RSA and revised drawings showing an amended layout.

1. Details of Application

1.1 Application involves the demolition of a semi derelict former (agricultural) workshop and seeks detailed planning permission to redevelop the site with two detached houses and a pair of semi-detached houses with parking. Proposed development involves the closure of the existing access and the formation of a new access point onto Main Road about five metres to the north east closer to the existing house (Sans Souci). New access drive will have a width of 4.8 metres and cross the existing access into a proposed courtyard serving the four units and a purpose designed car port for four vehicles. The pair of semi-detached houses will be positioned at right angles to the western boundary of the site with the neighbouring property (Little Cedars) with a north/south aspect. The proposed car port will also back onto this boundary and the two detached houses will be positioned within the eastern limits of the application site facing in a westerly direction.

1.2 Application is supported by elevational details and floor plans of the proposed dwellings, an engineering drawing showing the position and geometry of the proposed new access onto Main Road, a detailed topographic survey and a design statement with supporting photographs.

1.3 Design statement deals with a number of issues including the following material considerations:

· Allocation in the Unitary Development Plan.

· Proposed access.

· Parking.

· Design principles and solution.

· Density of development.

1.4 Application is also supported by work carried out by engineering consultants on behalf of the applicants’ agent in connection with the proposed access arrangements; this includes a traffic survey.

1.5 Applicant’s agent has submitted a Stage 1 Safety Audit which has been prepared by an experienced Highway Consultant (independently of the local consultancy acting on behalf of the applicant’s agent in connection with this application).

1.6 Highway Engineer advises that whilst applicant’s consultant highway engineers and the engineers that carried out the audit are part of the same company, this is standard practice and provided the audit team had no involvement with the design process, the audit is considered acceptable and in line with HD19/03. In this context there is a detailed curriculum vitae outlining the qualifications and the experience of the Highway Consultant; information, along with the report, which now appears on the public file. The author and his team visited the site on 17 May 2006. The Audit Team Statement reads as follows:

….examination has been carried out for the sole purpose of identifying any features of the design that could be removed or modified in order to improve the safety of the scheme. The problems identified have been notified in this report together with associated safety improvement suggestions, which we recommend should be considered for implementation.

1.7 Other than the time of the site inspection the report also highlights that the Audit Team had access to the relevant plans and were familiar with the nature of the proposed development. Confirmation is also given that the terms of reference of the audit are set out in Department for Transport Document HD 19/03.

1.8 Report identifies any (potential) problems and makes a number of specific recommendations under the following headings:

· Departures from standards

· Landscaping

· Service provision

· New/existing road interface

· Non-motorised users

The nature of their recommendations are referred to in the latter part of this report.

1.9 The applicant’s agent has submitted revised drawings which show the proposed pair of semi-detached house set back a further 1.50 metres from the boundary with Little Cedars in accordance with the suggestion of the Case Officer and the wishes of this Committee.

2. Location and Site Characteristics

2.1 This is an ‘L’ shaped site which forms part of the relatively substantial curtilage of an older style detached residential property known as Sans Souci which stands approximately mid way along the frontage onto Main Road in a central position in the village of Havenstreet. Other than the identifiable domestic curtilage of Sans Souci much of the land outside the application site but under the applicants’ control is overgrown and borders onto the rear of properties in Main Road and Church Lane including St. Peters Church.

2.2 Application site itself has an area of approximately 0.2 hectare and is elevated above the level of Main Road in a relatively secluded position behind a detached bungalow known as Little Cedars. Existing access drive has a narrow width and poor visibility and runs adjacent to the north eastern (side) boundary of Little Cedars, where there is an extant permission for an additional dwelling. The semi-derelict former workshop buildings are now unused and are falling into disrepair due to decay and some apparent vandalism. The one building is quite large comprising an original block or brick structure which has been the subject of a number of additions over the years and a much smaller shed. Hardstanding in front of these buildings appears to be used for limited “off street” parking.

3. Relevant History

3.1 In August 2005 a detailed application was submitted, similar to the application now under consideration, although it was not supported by the same amount of additional information. Both the Case Officer and the applicants’ agent were invited to attend a public meeting held at the local community centre on the 14 September 2005. Local Ward Member was also at the meeting which was well attended. Short time later the Case Officer advised the agent about his initial views, the initial observations of the Area Highway Engineer and identified further clarification of additional information that would be required before the application could be determined.

3.2 Subsequently the agent and his clients were advised to withdraw the application with a view to making a further (amended) submission at a later date. Agent eventually accepted this advice but only after a meeting with the Case Officer and the Area Highway Engineer to discuss a variety of issues relating to the possible development of the site but primarily access and the allocation in the UDP. A contemporaneous file note indicates that the Case Officer advised that in terms of overall strategy he preferred the submission of an “open” application but stressed that it would be necessary to deal with the obvious conflict that the allocation contained in the UDP, application may be treated as a “departure”, which may involve reference to GOSE if the Council were minded to grant permission, and the need to resolve the access problem. He also made it clear that, in his view, it would be necessary for the applicants and/or their agent(s) to positively engage with the local community through the local Member and/or the local environmental forum if they wish to move the matter forward with any reasonable prospect of obtaining planning permission.

4. Development Plan Policy

4.1 National Policy Guidance

Relevant national policies in this particular case:

· PPS1 – Delivering Sustainable Development

· PPG3 – Housing

PPS1 advocates sustainable development, good design including sustainability, integration into urban and natural environment, optimising the potential of sites, responding to local distinctiveness and appropriate landscaping.

PPG3 emphasises the need to provide a range and mix of house sizes, using brownfield sites, creating more sustainable patterns of development and supporting the efficient use of land (densities 30 – 50 units per hectare), good quality design, determination of designs in context rather than isolation and reducing levels of parking.

4.2 Strategic Policies

Relevant Strategic Planning Policies contained in the UDP are S1, S2, S6 and S7.

4.3 Local Policies

Relevant Local Planning Policies:

· 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

· TR3 – Local Development to Minimise the Need to Travel

· TR7 – Highway Considerations for New Development

· TR16 – Parking Policies and Guidelines

· U11 – Infrastructure and Services Provision

· L4 – Protection of Open Spaces, Village Greens and Allotments

4.4 The whole curtilage of the property known as Sans Souci including the application site is within the development envelope boundary for the village of Havenstreet but a significant part of this curtilage including part of the application site is allocated for private open space. The relevant policy is L4 which states:

Planning applications for development resulting in the loss of established, proposed or future public or private open spaces, village greens and allotments will only be approved in exceptional circumstances where:

(a) Development for community purposes would be greater benefit than retaining the open space and allotments and there are no other suitable sites available; and

(b) Suitable alternative provision is provided prior to the development taking place.

5. Consultee and Third Party Comments

5.1 Internal Consultees

Area Highway Engineer has previously expressed concern about the proposed access arrangements in terms of visibility and “on street” parking on this site of Main Road. However, he is now minded to raise no objection to the application subject to the imposition of appropriate conditions having negotiated a revised scheme which involves the provision of a public footway, from the access point to the existing footway to the northeast and adequate visibility in either direction.

He further comments that the visibility and on street parking adjacent the access is the main point of concern for members, the public and engineers. However, the outcome of the audit conclusively proves that the matter of parked cars within visibility splays is not in itself a sustainable reason for refusal where a visibility splay of appropriate length can effectively be provided. If the development is of an appropriate size then the installation of double yellow lining, where appropriate, is a mitigation measure that is with the control of the Council. Unfortunately, due to the process involved in the decisions as to whether double yellow lines should be introduced, i.e. the identification of a traffic hazard and subsequent approval by the police, these measures can only be introduced retrospectively. However, in this case the developer will cover the costs.

In order to cover the safety auditors point regarding future monitoring of the situation once constructed I propose to amend my Road Safety Audit condition as detailed on my original recommendation to include for a Stage Four road safety audit which requires monitoring of the situation up to 18 months after construction and suitable remedial measures. Appropriate conditions are recommended accordingly.

By way of information in practical terms Highways Development Control Engineers effectively carry out a Stage 1 Road Safety Audit in commenting on any planning application on a day to day basis and in this case all of the issues have already been addressed.

5.2 External Consultees

Southern Water Services (Planning Engineer) having examined his records has indicated that he does not wish to object to the application as long as a condition is included in any planning permission to prohibit surface water being discharge to the foul sewer.

5.3 Town or Parish Council Comments

It is understood that the recently formed Parish Council which includes the village of Havenstreet may submit late written representations.

5.4 Neighbours

It is worth noting that this latest application was the subject of a second public meeting attended by the Case Officer and the local Ward Member. Case Officer prepared a contemporaneous note after the meeting highlighting the issues that appeared to be causing most local concern:

· General consensus that formation of vehicular access at this point to serve four dwellings was likely to create a serious traffic hazard.

· Worried about loss of on street parking.

· Doubts about accuracy and interpretation of traffic survey figures.

· Concern if this application is approved, may form a precedent for the development of the remainder of the site.

· Concerns of accuracy of submitted drawings particularly cross sections showing relationship with neighbouring property.

Case Officer advised local residents that as there were a number of difficult issues relating to the possible development of this site, and possibly the larger site, which need to be addressed and in light of the considerable local opposition that the matter would be determined by this Committee as opposed to dealing with it under the delegated procedure.

Application has attracted more than 70 letters and e-mails objecting to the proposed development. The main concerns remain the same but the more prevalent observations can be summarised as follows:

· Adequacy of proposed access to serve four units (or more) because of lack of visibility arising from direction/contours of Main Road exacerbated by “on street” parking.

· Level of vehicular traffic using Main Road particularly during peak periods and reservations about information provided by consultant engineer.

· Site (or part of site), is allocated as private open space in the UDP and contributes to a semi rural environment that should be “respected”.

· Fear that a favourable decision in this case may set a precedent for future development on the remainder of the site.

· Lack of social infrastructure.

Owner of neighbouring bungalow has submitted a comprehensive and detailed objection to the application based on similar grounds to the above but also expressing his concern about the relationship of the proposed development to his own property in terms of the potential for over shadowing, overlooking etc. and, the same context, the accuracy of some of the supporting drawings (cross sections) submitted by the applicants’ agent.

5.5 Others

Isle of Wight Animal Preservation Action Group advised that badgers and foxes are known and appreciated and may have habitat near or bordering this land.

6. Evaluation

6.1 An initial reaction to the proposed development based on an individuals own experience of vehicular traffic through Havenstreet, the UDP allocation retain this land (and part of this site) as private open space and the considerable local concern would seem to suggest that it may have been appropriate to refuse permission without reference to this Committee under the delegated procedure. However, there are various factors which, in my view, merit very close examination as part of the process and eventual determination of this application.

6.2 There would appear to be three main issues:

· Adequacy, or otherwise, of the purpose designed vehicular access onto Main Road to serve a development comprising four reasonable sized dwellinghouses.

· Allocation of part of the application site and the neighbouring land in the Unitary Development Plan as private open space.

· Precedent.

6.3 It is apparent from the written representations objecting to this application that the matter of precedent, in the form of further residential development on the larger area of land, is very prevalent and inextricably linked to both the proposed access and the level of vehicular/pedestrian traffic already using Main Road and the loss of (private) open space and the potential implications in terms of loss of amenity for local residents who live in properties with a common boundary or within the immediate locality. The matter of precedent is a material consideration but not one that should be given overwhelming weight in the determination of this particular application that should be judged on its individual merits.

6.4 In this context Members are invited to consider the following points that would seem to support an argument to develop this part of the site.

· Existing building(s) is of no architectural or historic merit they are in a dilapidated condition and have a damaging effect on the visual amenities of the area.

· Existing building(s) have and could be used for purposes that may generate some level of vehicular traffic entering and leaving the site.

· Interpretation of Unitary Development Plan (Sheet 4 Inset L (Havenstreet)) shows that existing building(s), hardstanding and existing access drive do not form part of the private open space allocation.

· Redevelopment of the site for residential purposes would be likely to enhance the visual amenities of the area.

· Subject to certain safeguards the redevelopment of the site is unlikely to have sufficient impact on the level of amenity currently enjoyed by the owner/occupiers of the neighbouring property to justify refusing permission.

· New homes and residents could contribute towards the protection of existing facilities and the future viability of the village.

6.5 The above points mean that the principle issues (or objections) to the application need to be carefully assessed before reaching a decision.

6.6 Members will appreciate the degree of weight to be given to the decision taken by the Area Highway Engineer to now support the application subject to the imposition of appropriate conditions. He has indicated that he was minded to raise an objection to this application, as he did on the first application which was withdrawn, but explains that he has now been provided with a revised scheme showing a substantially improved access arrangement in terms of visibility splays and pedestrian access to the site. He states:

where it can be demonstrated through the submission of speed data that 85 per centile of speeds are contained within 30 mph a lowered visibility splay of only 60 metres can be allowed. The previous submission only allowed a splay of 57 metres to the north, which was technically sub standard, albeit by only a very small margin. The revised scheme allows a splay to the north of 70 metres, which is entirely acceptable…. splay to the south is limited by third party land (but) an x distance of 2 metres is acceptable here and allows a splay in excess of 70 metres to be achieved to the centre line.

On the question of vehicles parked on the carriageway he has formed the view, based on previous appeal decisions, that this does not represent a sustainable objection as in his opinion users of the new access will now have ample opportunity to see vehicles from the right in sufficient time to make a decision as to whether it is safe to join the major road. To support his viewpoint he feels that some weight should be given to the “lapsed” traffic generation from the disused former workshop building(s) on the site, the improvement to pedestrian access on this side of Main Road and the closure of the existing access which is sub standard.

RSA required by Members makes a number of specific recommendations.

· Ensure that landscape planting which could obstruct the visibility of drivers or pedestrians will not exceed a height of 0.6m when mature.

· Ensure that inspection chambers and manholes are located where attendant vehicles and personnel will not create a hazard to themselves or other road users.

· Future use of the access should be monitored. If drivers do not recognise the significance of the newly constructed splays and continue to park at this point on Main Road, the Highway Authority should promote waiting restrictions as appropriate.

· If service vehicles will be required to enter the site, provision should be made for them to turn within the site.

· Ensure that a gradient of not more than 5% is provided at the junction interface.

· Provide drop crossings and tactile paving.

· Across the new junction bellmouth

· Across Main Road to the north of the site access on both sides of the Main Road carriageway

Members will note that a number of these recommendations are of a practical/technical nature but, in my view, the most pertinent recommendation relates to the suggested monitoring of the new access if the application is approved and the consent is implemented, which highlights that the Council, as Local Highway Authority, may wish at a later to promote appropriate waiting restrictions if highway users fail to recognise the significance of the newly constructed splays and continue to park at this point on Main Road. In my view, this specific recommendation answers a number of concerns expressed by Members of this Committee and third parties.

6.7 Based on this advice an objection on grounds of inadequate access is not a sustainable reason for refusing planning permission.

6.8 It is considered that the matter of the private open space allocation in the UDP needs to be viewed in a pragmatic way as opposed to a simpler spatial assessment which attempts to calculate in terms of area how much of the application site is within the allocation and how much is outside the allocated area. Members are referred to policy L4 (see Development Plan Policy) and the explanatory text contained in the written statement where reference is made to the recognition of the contribution of existing open spaces (both public and private) make to informal and formal recreational activities as well as their general amenity value.

open spaces are an important part of our urban areas as they represent “breathing spaces” between development. Open spaces have informal, formal recreational and general amenity value, but areas do not include car parks under-used or vacant sites which are within the development envelope.

Members who have visited the site may well have formulated their own view on the general amenity value of the overall area and whether the Council, as Local Planning Authority, will be able at a later stage, as part of the LDF process, to sustain an argument, to retain this land as private open space. However, what is apparent is that a significant part of the application site does not feature within this allocation and the loss of the areas that are within the allocation, including the new access drive and the area to the south and the east of the existing building to provide amenity space for the proposed dwellings is extremely small as an overall percentage of the allocated area and, more importantly, provides minimal or no amenity value for any local residents who do overlook or have an obscure views of this part of the overall site.

6.9 The fact that part of the application site forms part of a much larger area allocated as private open space does not represent a sustainable reason for refusing planning permission.

6.10 Final key issue is the matter of precedent and whether a favourable decision in this particular case is likely to create a precedent for (residential) development on part or all of the remaining land in the ownership of the applicant. Precedent is a proper and material consideration where it is likely that similar future proposals in closely parallel situations could not be resisted and cumulative harm to planning principles or policies would result. However, the force of the “precedent” argument is reduced where the planning circumstances are unlikely to be replicated, or where policies exist within the discipline of which there is room for treating its proposal and its merits in the light of the situation prevailing at the time.

6.11 It is considered that this particular case falls into the latter scenario and consequently this issue is not a sustainable reason for withholding permission.

6.12 A specific objection from owner/occupiers of the neighbouring property have, in part, been addressed by re-siting the proposed pair of semi-detached houses a further 1.50 metres away from the boundary between the application site and their property. This factor was not considered to be a substantial reason for withholding permission.

7. Conclusion and Justification for Recommendation

7.1 It is appreciated that Members may be concerned at the level of local opposition to this application may have very definite reservations about supporting the officers recommendation to grant conditional planning permission. However, the Committee will know that local opposition (or support) is not in itself a reason for refusing planning permission (or granting permission) and that each application has to be judged on its individual merits. Based on the third party representations and the transcripts of the public meetings held in respect of the first application and this application Members will need to form a view as to whether the number of representations submitted has been generated by a scheme to redevelop some derelict agricultural workshops with four new homes or the fear that this may create a precedent for the development of the remainder of the curtilage of Sans Souci, contrary to the UDP allocation, which may lead to increased density of development, social housing, intensification of vehicular traffic, erosion of semi rural character etc.

7.2 In terms of the three main issues our view can be summarised in the following terms:

· Closure of a clearly unsatisfactory access and the formation of a new access with a new footway leading from the access point to the existing footway on this side of Main Road to the north of the site with adequate visibility has the support of the Area Highway Engineer. RSA contains specific recommendations to improve, maintain the level of safety and monitor the use of the proposed vehicular/pedestrian access and the Area Highway Engineer maintains his recommendation to support the application subject to the imposition of appropriate conditions.

· Loss of unattractive semi derelict buildings which have a detrimental effect on the visual amenities of the area and their replacement with four purpose designed new homes does not conflict sufficiently with the allocation of part of the site as a much larger area of open space sufficient to justify refusing permission.

· In light of the allocation on the remainder of the site and the Council’s ability to resist any further development, if Members so wish, the issue of precedent is also not a sustainable reason for refusal.

7.3 In terms of any likely impact on the owner/occupiers of the neighbouring property (Little Cedars) arising from the redevelopment of the site the view is taken that the mature landscaping along the boundary between their property and the application site means that they will not suffer a loss of amenity sufficient to warrant refusing permission. However, in deference to their concerns the applicants’ agent has been asked to confirm the accuracy of the submitted cross-sections and, if necessary, submit amended drawings, and to also consider positioning the proposed pair of semi-detached houses and the large four vehicle car port further away from this boundary so that there is adequate space for appropriate boundary treatment and/or further planting in order to protect the neighbours current level of amenity.

7.4 Recommendation to grant conditional permission is maintained, subject to the revised drawings in respect of the siting of the individual proposed units. Specific recommendations arising from the RSA do not require any additional conditions since these are adequately covered in the original recommendation.

7.5 On procedural point Members will be aware that part of this site forms part of a much larger area which is allocated as private open space in the Unitary Development Plan. Consequently, this application is viewed as a “departure” from the approved development plan and in accordance with the Town and Country Planning (General Development Procedure) Order 1995 the relevant notices and advertisement at the time of the receipt of the application were drafted accordingly. Under the Town and Country Planning (Development Plans and Consultation) (Departures) Directions 1999 whilst guidance indicates that proposal is of a scale that would not warrant referral to the Secretary of State reference is made to development that may prejudice the implementation of development plan policies where it involves the loss of open space both publicly and privately owned. It is therefore considered prudent to refer matter to GOSE if Members are minded to approve.

8. Recommendation

Conditional Permission. (Subject to referral to GOSE as a departure)

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	No development shall take place until a scheme for the drainage and disposal of surface water from the development hereby approved has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be completed before any [residential] unit hereby permitted is first occupied. Reason: To ensure that surface water run-off is satisfactorily accommodated and to comply with policies G6 (Development in Areas Liable to Flooding) and G7 (Development on Unstable Land) of the IW Unitary Development Plan.
3	Development shall not commence until details of the facilities to be provided for the storage of refuse have been submitted to and approved in writing by the Local Planning Authority. No building shall be occupied until the facilities have been provided in accordance with the approved details and the facilities shall thereafter be retained. Reason: To safeguard the amenities of the locality and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
4	No construction traffic shall enter the public highway during the site development unless their wheels and chassis have been cleaned to prevent the material being deposited on the highway. Reason: In the interests of highway safety and in compliance with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
5	No highway works shall commence on the site until full stage 1 and 2 safety audits conducted under the parametres defined by HD 19/03 (Design Manual for Roads and Bridges, Volume 5, Section 2, Part 2) have been undertaken and submitted to and approved in writing by the Local Planning Authority. Any matters arising from such audits shall be suitably addressed and indicated on drawings to be submitted to and approved in writing by the Local Planning Authority. The works shall thereafter be constructed in accordance with the approved plans. Reason: In the interest of highway safety and in compliance with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
6	Within 6 months of the occupation of any of the dwellings hereby approved a Stage 3 Road Safety Audit shall be conducted under parameters defined by HD 19/03 (Design Manual for Roads and Bridges, Volume 5, Section 2 Part 2) and submitted to and approved in writing by the Local Planning Authority. Any matters arising from such audits shall be suitably addressed at the developers cost and indicated on drawings to be submitted to and approved in writing by the Local Planning Authority. The works shall thereafter be constructed in accordance with the approved plans. Reason: In the interests of highway safety and in compliance with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
7	Within 18 months of the occupation of any of the dwellings hereby approved a Stage 3 Road Safety Audit shall be conducted under parameters defined by HD 19/03 (Design Manual for Roads and Bridges, Volume 5, Section 2 Part 2) and submitted to and approved in writing by the Local Planning Authority. Any matters arising from such audits shall be suitably addressed at the developers cost and indicated on drawings to be submitted to and approved in writing by the Local Planning Authority. The works shall thereafter be constructed in accordance with the approved plans. Reason: In the interests of highway safety and in compliance with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
8	Development shall not begin until details of the design, surfacing and construction of any new roads, footways, accesses and car parking areas, together with details of the means of disposal of surface water drainage therefrom have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To ensure an adequate standard of highway access and drainage for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
9	No dwelling shall be occupied until the parts of the service roads which provide access to it have been constructed, surfaced and drained in accordance with [the approved plans/details which have been submitted to and approved by the Local Planning Authority]. Reason: To ensure an adequate standard of highway and access for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
10	The development shall not be occupied until sight lines are provided in accordance with the visibility splay shown on the approved plan (reference number I/Bill/HS.1/4). Nothing that may cause an obstruction to visibility shall at any time be placed or be permitted to remain within that visibility splay. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
11	No later than one month after the day on which the dwellings hereby permitted are first occupied or the access hereby permitted is first used (whichever is the earlier) the existing access to the site from Main Road shall be permanently closed in accordance with the approved plans which have been submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
12	No dwelling hereby permitted shall be occupied until space has been laid out within the site and drained and surfaced for ten cars to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
13	No development including site clearance shall commence on the site until all trees, not previously agreed with the Local Planning Authority for removal, shall has been protected by fencing or other agreed barrier, Any fencing shall conform to the following specification: Barrier shall consist of a scaffold framework as shown in figure 2 of BS 5837 (2005). Comprising of vertical and horizontal framework braced to resist impact, with vertical tubes spaced at a maximum of 3 m intervals. Onto this weldmesh panels are to be securely fixed. Such fencing or barrier shall be maintained throughout the course of the works on the site, during which period the following restrictions shall apply: (a) No placement or storage of material; (b) No placement or storage of fuels or chemicals. (c) No placement or storage of excavated soil. (d) No lighting of bonfires. (e) No physical damage to bark or branches. (f) No changes to natural ground drainage in the area. (g) No changes in ground levels. (h) No digging of trenches for services, drains or sewers. (i) Any trenches required in close proximity shall be hand dug ensuring all major roots are left undamaged. Reason: To ensure that all general trees and shrubs and other natural features to be retained are adequately protected from damage to health and stability throughout the construction period in the interests of the amenity and to ensure the wooded southern boundary is retained as an important landscape feature which provides a valuable wildlife corridor, all in compliance with Policies D3 (Landscaping) and C12 (Development Affecting Trees and Woodland) of the Isle of Wight Unitary Development Plan.
14	In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of (1 year) from (the date of the occupation of the building for its permitted use). (a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work); (b) lf any retained tree is removed, uprooted or destroyed or dies, a replacement tree shall be planted in the same place, or place to be agreed and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority. Reason: To ensure the protection of the trees to be retained in the interests of the amenities of the area and in compliance with Policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
15	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 Isle of Wight Unitary Development Plan.
16	All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
17	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the buildings hereby permitted are occupied. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
18	In this condition "retained hedge or hedgerow" means an existing hedge or hedgerow which is to be retained in accordance with the approved plans and particulars. (a) No retained hedge or hedgerow shall be cut down, uprooted or destroyed, nor shall any retained hedge or hedgerow be reduced in height other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. (b) If within a period of 5 years from the completion of the development the whole or any part of any retained hedge or hedgerow is removed, uprooted, is destroyed or dies, another hedge or hedgerow shall be planted at the same place and that hedge or hedgerow shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority. (c) The erection of fencing for the protection of any retained hedge or hedgerow shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any fenced area in accordance with this condition and the ground levels within those areas shall not be altered nor shall any excavation be made or fire be lit, without the written consent of the Local Planning Authority. Reason: To ensure the continuity of amenity afforded by existing hedges or hedgerows and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
19	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no development within Class E of Part 1 or Class A of Part 2 of Schedule 2 to that Order shall be carried out [other than that expressly authorised by this permission]. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
20	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 without the written consent of the Local Planning Authority. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

09

Reference Number: P/00614/06 - TCP/24956/B Parish/Name: Totland - Ward/Name: Totland Registration Date: 30/03/2006 - Full Planning Permission Officer: Mr A White Tel: (01983) 823552 Applicant: J R Buckett & Sons Ltd Four detached dwellings with garages & access off Cliff Road (revised scheme) land rear of, Waterdip, York Lane, Totland Bay, PO39 The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The Local Member, Councillor George Cameron, has requested that this application is considered by the Development Control Committee because of significant local interest as reflected through the representations and the cumulative impact of development in this part of Totland.

1. Details of Application

1.1 Full planning permission is sought for four detached dwellings on an irregular shaped site with overall area of some 0.24 hectares. Site would be accessed off Cliff Road

1.2 Plans show that the four dwellings comprise of three different house types. Two would offer 3 bedrooms that take the form of a chalet style bungalow with central projecting gables to the front and rear facing planes as well as a total number of four dormer windows. This particular house type also includes an integral garage. The remaining two dwellings comprise of slightly different houses with each offering 4 bedrooms and a single garage. The two larger houses are shown to be situated at the southern end of the site within larger corner plots.

1.3 Dwellings are shown to be constructed of red multi-coloured stock bricks – including limited render/timber panels – under clay roof tiles. Plans also show front, rear and side gardens for each dwelling.

1.4 The existing protected trees comprising of two Red Oaks and a Beech are shown to be retained. The impact of this development on the said trees has been assessed through a submitted tree report, and this has been duly vetted by the Council’s Tree Officer. Furthermore, a report has been submitted by a badger specialist to discuss the impact on a nearby badger sett and crossing points within the application site.

1.5 Application Form indicates surface water to be disposed of via soakaways with foul water going to sewer in Cliff Road.

2. Location and Site Characteristics

2.1 This is an irregular shaped site situated between York Lane and Cliff Road at Totland. It previously formed part of substantial domestic curtilage to Waterdip, but has since been fenced off. The site does not have direct road frontage, but would instead be accessed via a new private road meandering between two recently constructed houses (same developer) fronting Cliff Road. This is an undulating site, with a prominent slope falling away from the southwestern corner to the northeastern corner by some 10 metres over a distance of approximately 100 metres.

2.2 To the east of the site is open land whilst to the west are a number of detached properties fronting Cliff Road. These properties have rear gardens approximately 12 metres deep.

2.3 From a contextual point of view, immediate area is principally residential in terms of land-use with character comprising of detached dwellings generally situated within well landscaped grounds. There are a variety of dwelling types in terms of age, scale and design as well as much variation in respect of plot sizes although properties themselves are generally large and detached.

3. Relevant History

3.1 P/02008/02 – TCP/25234 – outline for four dwellings on land adjacent House of Logs, Cliff Road. Refused April 2003 on grounds of insufficient information in respect of levels, trees, nature conservation, access and drainage.

3.2 P/01603/04 – TCP/25234/A – Two detached dwellings on land adjacent House of Logs, Cliff Road. Conditional Permission 7 February 2005.

3.3 P/01827/05 – TCP/24956/B – Detached house with integral double garage. Land adjacent Waterdip, fronting York Lane. Withdrawn 21 December 2005.

3.4 P/02098.05 – TCP/24956/A – Four detached dwellings with access off Cliff Road. Withdrawn 21 December 2005.

3.5 P/00465/06 – TCP/24956/C – Detached house with integral double garage on land adjacent Waterdip, fronting York Lane. Conditional Permission grated 18 April 2006.

4. Development Plan Policy

4.1 National Policy Guidance

PPS1 (Delivering Sustainable Development) emphasises the following:

· Good design to ensure attractive, useable and durable and adaptable places contributing positively to making places better for people.

· Good design should:

o Be integrated into the existing urban form and natural built environment.

o Optimise the potential of the site to accommodate development.

o Respond to local context and create and enforce local distinctiveness.

o Be visually attractive as a result of good architecture and appropriate landscaping.

· PPG3 (Housing) emphasises the following:

o Provide wider housing opportunity and choice including better mix, size, type and location of housing.

o Give priority to reusing previously developed land in urban areas taking pressure off greenfield sites.

o Create a more sustainable pattern of development ensuring accessibility to public transport, jobs, education etc.

o Making more efficient use of land by adopting appropriate densities with 30-50 units per hectare quoted as being the appropriate level of density.

o Emphasise the need for good quality design.

o New housing development should not be viewed in isolation but should have regard to immediate buildings in the wider locality.

4.2 Local Policies

The site is shown as being within the development envelope boundary as defined on the Totland inset map of the Unitary Development Plan (UDP). The site is not allocated for any specific purpose and neither does it fall within a specifically designated area.

Relevant policies area 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.

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

· G1 - Development Envelopes

· G4 - General Locational Criteria

· D1 - Standards of Design

· D2 - Standards for Development within the Site

· D3 - Landscaping

· H4 - Unallocated Residential Development to be Restricted to Define Settlements

· H5 - Infill Development

· C8 - Nature Conservation as a Material Consideration

· C12 - Development Affecting Trees and Woodland

· TR7 - Highway Considerations for New Development

· TR16 - Parking Policies and Guidelines

· U11 - Infrastructure and Services Provision

5. Consultee and Third Party Comments

5.1 Internal Consultees

· Highway Engineer recommends conditional permission.

· The Council’s Tree Officer has been provided with a copy of the application and accompanying Tree Report. He confirms that the information supplied regarding trees is sufficient and shows that if the development is carried out as detailed in the report and supporting letter, then the impact to the trees should be minimal. He does however suggest a condition requesting that an Arboreal Statement is submitted prior to work taking place detailing how the recommendations in the Tree Report are to be implemented and also showing where the protective fencing is to be erected.

· The Council’s Ecology Officer acknowledges the submission of a badger report which clearly and unequivocally shows badger activity in relation to the application site but concludes that a Badger Licence would not be required to carry out work on the proposed site. The Council’s Ecologist accepts the findings of the report and also supports the landscaping proposals contained in the submitted Tree Report which identifies planting along the eastern boundary with pines and local indigenous species. He also states that the site was known to be used by red squirrels prior to clearance that has already taken place and planting of suitable species along the eastern boundary will, in time, create a tree corridor of useful species for red squirrels which will in some measure compensate for the loss of trees in the area.

5.2 Town or Parish Council Comments

· Totland Parish Council strongly oppose this application on the following grounds:

o Highway safety aspects on Cliff Road (extremely dangerous junction by Widdick Chine).

o Destruction of the pavement opposite.

o Drainage

o Access too close to footpath

o Overdevelopment

o Amenities to neighbours

o Flood risk and surface water run off

o Destruction of habitat

o Effect of the design on the character and appearance of the area

5.3 Neighbours

This application has generated nine individual letters/web comments, 17 standard letters and a 208 signature petition objecting on grounds that can be summarised as follows:

· Cramped, overcrowded and overdevelopment

· Out of character and appearance with surrounding properties.

· Over looking and loss of privacy

· The proposal offers no housing mix, just large executive houses

· Traffic generation

· Highway safety

· Impact on trees

· Inadequate drainage

· Flooding

· Unstable ground

6. Evaluation

6.1 The main issues relating to this application are:

· Principle

· Density and layout

· Impact on surrounding area

· Impact on neighbours

· Highway implications

· Trees/nature conservation

· Drainage

6.2 Site is situated within the development envelope and is regarded as a brownfield site given that it previously formed part of the domestic curtilage to ‘Waterdip’ prior to the site being fenced off by the developer. Accordingly, it is considered that the principle of developing the site for residential purposes is acceptable and therefore compliant with polices S1 and G1.

6.3 Members will be aware that national and local policies regarding housing development promote efficient use of brownfield sites and encourage densities between 30-50 dwellings per hectare and even higher in sustainable and accessible locations. This particular proposal actually equates to less than the minimum figure quoted and could arguably be described as inefficient use of this site. However, due consideration has to be given to the environmental constraints imposed by this site together with the prevailing pattern of development in the immediate area. Accordingly, this site is not considered to be appropriate for a high density development and should not be judged on a numerical basis. Instead, the proposal should be judged against the prevailing pattern and layout of development in this part of Totland. In this respect, Members will note that the site is bounded by detached houses within a variety of plot sizes, some of which are comparable to the proposed plot. Whilst certain proposed plots are shown to have rear gardens with limited depth, the overall space about buildings would, in my opinion, allow for the proposed houses to be accommodated on this site without appearing unduly cramped. Taking these points into consideration, it is felt that the density and layout of the proposal is acceptable subject to design implications that are considered later in this report. Accordingly, application accords with polices G4 and D1 which state that planning applications for new development must harmonise with their surroundings and be sympathetic in terms of siting and layout.

6.4 The submitted plans show three different house types, offering variety in respect of scale, mass and design. This is reflective of the many different dwellings that exist nearby, where there is variety in respect of age, form and external appearance. The proposal would, however offer a degree of continuity in respect of materials; particularly in respect of the render/wood paneling that is arguably reflective of distinctive West Wight properties. Accordingly, it is considered that proposal accords with design policies of the UDP which state that developments should recognise the distinctiveness of surrounding areas and achieve a high standard of design relating well to adjacent buildings.

6.5 In terms of impact on neighbouring properties, the greatest concern would appear to be in respect of plots 5 and 6 that are shown to bound adjoining properties to the west. Plot 5 would be situated some 10 metres from the respective common boundary and would, in any event, have its blank side elevation facing in the immediate direction of neighbours. In respect of plot 6, there is potential for some overlooking and subsequent loss of privacy as this dwelling would back straight onto the respective common boundary. However, having regard to the change in ground level together with the installation of obscure glass to the windows in the rear facing plane of the roof, it is felt that any overlooking would not be of significance. Accordingly, proposal is compliant with policy D1 which states that development should not detract from the reasonable use and enjoyment of adjoining buildings.

6.6 In terms of highway implications, the earlier approved scheme for two houses fronting Cliff Road was purposely designed to allow for an access road to extend through to the current application site. This entailed locating the access point at the eastern most part of the site in order to maximize visibility in both directions. It is considered by the Highway Engineer that the position of the access combined with available visibility is acceptable to cater for the recently constructed dwellings fronting Cliff Road as well as the four dwellings currently under consideration. Accordingly, proposal complies with Policy TR7. The level of parking proposed, including garaging and driveways is considered acceptable and compliant with Policy TR16.

6.7 Regarding trees, application is accompanied by a Tree Report that has been closely vetted by the Council’s Tree Officer. Of particular concern is the relationship of plot 5 with two protected Red Oak trees in its rear garden and the relationship of plot 4 with a protected Beech tree in its front garden. Following extensive negotiations prior to the submission of this latest application, the proposed houses would be positioned and orientated in such a fashion as to minimise any direct or indirect impact on the protected trees. This has included arranging internal accommodation to plot 5 in such a way so that living rooms would not be unduly overshadowed by the protected oak trees, which could result in an application for substantial lopping or even removal. Officers are satisfied that the risks of such a scenario have been minimised through the careful planning and layout of this development. Accordingly, proposal is compliant with the requirement of policy C12. Members attention is drawn to suggested conditions in respect of an Arboreal Method Statement and protective fencing.

6.8 In respect of wildlife implications, localised badger activity is noted and this has resulted in the submission of a Badger Report with this application. That has been duly vetted by the Council’s Ecologist and it is concluded that badgers would be unaffected by this development. It is recognised that the lawful clearing of the site may have had some implications insofar as wildlife is concerned, although this is to be compensated for through an extensive landscaping scheme included as part of the submitted Tree Report. The Council’s Ecologist has stated that this will create a tree corridor of useful species for red squirrels which will, in some measure, compensate for the previous loss of trees in the area. Accordingly, there is no sustainable reason to refuse this application on grounds of nature conservation. The proposal is therefore compliant with policy C8.

6.9 Concern has been expressed in respect of flooding, drainage and ground stability issues. The immediate area is not identified by the Environment Agency as being at risk from flooding, either coastal or fluvial. Surface water run off and collection may sometimes present problems because of the local topography, but that should not prevent any further development from taking place. It is important, however, to avoid exacerbating any problems associated with surface water run off. The agent has indicated that a rain water recycling system will be used to collect rain water from the roofs, whilst the roadways are likely to be served by a soakaway system to be agreed in accordance with the Building Regulations. It is suggested, however, that a suitable condition is imposed in respect of surface water to ensure that adequate infrastructure is provided prior to work commencing. Southern Water have already agreed connection and capacity in respect of the local drainage system. Regarding ground stability issues, the application site is undulating but is not within an area that has been subject to any particular study into ground behaviour. Accordingly, any concerns in respect of digging into slopes or excavating spoil can, in my opinion, be considered at the Building Control stage. Taking these points into account, it is considered that the proposal complies with policies G7 and U11 of the UDP.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard and appropriate weight to the material considerations discussed in this report, it is considered that proposal would make acceptable use of this site within the development envelope without detracting from the character and appearance of the surrounding area in general or the amenities of neighbouring property occupiers in particular. The numerous technical issues relating to this development, such as trees, highway issues, drainage and nature conservation, are all considered to be acceptable following extensive negotiations between your officers and the developer, Accordingly, and despite the number of objections that have been raised in respect of this development, proposal is compliant with policies contained in the UDP and is duly recommended for conditional permission.

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 the materials and finishes to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
3	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the dwellings hereby approved are occupied. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
4	Development shall not begin until details of the sight lines to be provided at the junction between the access of the proposal and the highway have been submitted to and approved in writing by the Local Planning Authority and the development shall not be occupied until those sight lines have been provided in accordance with the approved details. Nothing that may cause an obstruction to visibility shall at any time be placed or be permitted to remain within the visibility splay shown in the approved sight lines. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
5	No dwelling hereby permitted shall be occupied until space has been laid out within the site and in accordance with drawing number P10 Rev E for 2 cars to be parked in respect of Plots 3 and 6 and for 3 cars to be parked in respect of Plots 4 and 5 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 and each of the approved garages shall be retained at all times for parking. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight 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 Isle of Wight Unitary Development Plan.
7	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 Isle of Wight 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 Isle of Wight Unitary Development Plan.
9	All material excavated as a result of general groundworks including site leveling, installation of services or the digging of foundations, shall not be disposed of within the area identified in red or blue on the submitted plans. The materials shall be removed from the site prior to the occupation of the dwellings hereby approved. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
10	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 first floor windows shall be constructed in the western elevation of Plot 5 unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of the amenities and privacy of neighbouring property occupiers and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
11	The first floor windows in the rear elevation of Plot 6 shall be fitted with obscure glass with a glass panel which has been rendered obscure as part of its manufacturing process to Pilkington Glass Classification 5 (or equivalent of glass supplied by alternative manufacturer) and shall be retained to this specification as obscure glazed thereafter. Reason: In the interests of the amenities and privacy of neighbouring property occupiers and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
12	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 at first floor level in the rear elevation of Plot 6 unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of the amenities and privacy of neighbouring property occupiers and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
13	No development shall take place until details of the opening mechanisms in respect of the rear facing first floor windows to Plot 6 have been submitted to and agreed in writing by the Local Planning Authority. Development shall only proceed in accordance with the agreed details and shall be retained as such thereafter. Reason: In the interests of the amenities and privacy of neighbouring property occupiers and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
14	Existing trees which are to be retained in accordance with the approved plans shall be subject to paragraph A and B below. Such conditions shall have effect until the expiration of three years from the date of the occupation of the building hereby approved. a) No retained preserved tree shall be cut down, uprooted or destroyed nor shall any retained tree be topped or lopped other than in accordance with the details to be agreed with Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with the BS3998 (Tree Work). b) If any retained preserved tree is removed, uprooted or destroyed or dies replacement tree shall be planted in the same place or a place to be agreed and that tree shall be of such size and species and shall be planted at such time as may be specified in writing by the Local Planning Authority. Reason: To ensure the protection of trees to be retained and in the interests of the amenities of the area and to comply with Policy D3 (Landscaping) of the IOW Unitary development Plan.
15	No development including site clearance shall commence on the site until all trees or group of trees to be retained have been protected by fencing or other agreed barrier along a line to be agreed in writing with the Local Planning Authority. Any fencing shall conform to the following specification: A 1.2 m min height chestnut paling to BS 1722 Part 4 Standard securely mounted on 1.2m min above ground height timber posts driven firmly into the ground. Such fencing or barrier shall be maintained throughout the course of the works on site during which period the following restrictions shall apply. a) No placement or storage of material b) No placement or storage of chemicals c) No placement or storage of excavated soil d) No lighting of bonfires e) No physical damage to bark or branches f) No changes to natural ground drainage in the area g) No changes to ground levels h) No digging of trenches for services, drains or sewers i) Any trenches required in close proximity shall be hand dug ensuring all major roots are left undamaged Reason: To ensure that the preserved trees and groups of trees to be retained are adequately protected to damage to health and stability throughout the construction period in the interests of the amenities of the area and to comply with Policy D3 (Landscaping) of the IOW Unitary Development Plan.
16	Development shall not commence until an Arboricultural Method Statement has been submitted to and agreed in writing by the Local Planning Authority detailing how the recommendations contained in the submitted tree report are to be implemented to ensure as little stress to the trees as possible. The Statement and associated details shall be implemented in accordance with the approved specification before occupation of the dwellings and shall be maintained and retained at all times thereafter. Reason: To ensure that the preserved trees and groups of trees to be retained are adequately protected to damage to health and stability throughout the construction period in the interests of the amenities of the area and to comply with Policy D3 (Landscaping) of the IOW Unitary Development Plan.

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Reference Number: P/00835/06 - TCP/27268/A Parish/Name: Newport - Ward/Name: Parkhurst Registration Date: 03/04/2006 - Full Planning Permission Officer: Miss S Gooch Tel: (01983) 823552 Applicant: Mr & Mrs N Mills Demolition of part house, garage & store; two storey block of 3 flats with parking & alterations to vehicular access (revised scheme) 53 Horsebridge Hill, Newport, PO305TJ The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The Local Member, Councillor G Price, has requested that this application is considered by the Development Control Committee for the following reason:

Inadequate drainage.

1. Details of Application

1.1 Full planning permission is sought for partial demolition of house, garage and storage building which lies to the rear. The retained section of the building fronting Horsebridge Hill would be renovated to create what in essence is a new dwelling consisting of a lounge, shower room and kitchen/diner at ground floor with two bedrooms at the first floor. To the south of the retained cottage a new building will be constructed that will contain two flats at ground floor level (each one consisting of one bedroom with a bathroom and lounge/kitchen) with the first floor occupied by a two bedroom unit again with a bathroom and a lounge/diner/kitchen.

1.2 The existing parking area will be retained to the rear of property which is currently accessed between 49/51 – 53 Horsebridge Hill.

1.3 53 Horsebridge Hill is a 2 storey end of terrace property located on the western side of the A3020. To the south is a block of four maisonettes constructed at a later date and to the east is Parkhurst Dairy Farm.

1.4 Proposal sits within an elongated rectangular plot measuring approximately 60 metres in length by 12 metres in width.

1.5 The bulk, scale and massing of the proposed building would mirror the host property the only difference being variations to the window arrangements.

1.6 Application form states that foul and surface water to be disposed of through existing combined drain on site.

2. Location and Site Characteristics

2.1 The site lies within the built up area which is predominantly on the western side of Horsebridge Hill. In this location the immediate surroundings are characterised by generally terrace, semi-detached properties and bungalows all of which are built in different styles and periods. Many of the properties immediately abut the pavement and some of the properties in this area have previously been extended.

2.2 To the west are properties that front onto Hogan Road which back onto the rear gardens of Horsebridge Hill properties.

2.3 Existing layby fronts site to Horsebridge Hill; offering parking off main carriageway.

2.4 To the rear is a section of land controlled by the applicant with various outbuildings some of which sit within the garden area whilst others are located on the existing concrete parking area.

3. Relevant History

3.1 TCP/27268 – Approval – Demolition/conversion of cottage and construction of four flats with car parking – 53 Horsebridge Hill.

3.2 TCP/27265 – Refusal – Bungalow and detached garage, alterations to vehicular access – land rear of 53 Horsebridge Hill.

4. Development Plan Policy

4.1 National Policy Guidance

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 alternative high quality living environments in which people choose to live and work.

4.2 The Unitary Development Plan (UDP) identifies the application site as being within the development envelope for Newport; no other specific policy designation applies. 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 Define Settlements

· H5 - Infill Development

· TR7 - Highway Considerations for New Development

· TR16 – Infrastructure and Services Provision

· U11 - Infrastructure and Services Provision

4.3 The application site is within parking zone 2 of the UDP where parking provision is 0-50% with a non-operational requirement. The maximum required in respect of residential development is one space per bedroom.

5. Consultee and Third Party Comments

5.1 Internal Consultees

· Highway engineer recommends conditional approval.

· Southern Water, following initial investigations, advises there is currently limited capacity in the local network to provide foul sewage disposal to service the proposed development. The proposed development would increase flows to the public sewerage, and existing properties and land may be subject to a greater risk of flooding as a result.

Public sewer is a combined system receiving both foul and surface water flows, and no flows greater than currently received should be accommodated in this system. However, it is possible that by removing some of the existing surface water entering the sewer, additional foul flows could be accommodated, i.e. no net increase in flows. If the applicant wishes to investigate this option, the applicant will be required to provide Southern Water with a topographical survey and/or a CCT survey.

There are no public surface water sewers in the area to serve this development. Alternative means of draining surface water from this development are required. The sewer flooding problem in Prior Crescent downstream of this site has now been resolved by recent improvement work and is no longer an issue.

Southern Water request that should this application receive favourable consideration they recommend a condition is imposed.

5.2 Third Party/Neighbours

None received.

6. Evaluation

6.1 Application site is within the development envelope for Newport, therefore the principle of new units is considered acceptable providing the issues set out below are addressed.

6.2 I am satisfied the site is of adequate size to accommodate development compatible with the surroundings without detracting from the amenities of the area or of neighbouring properties. In particular, site is of adequate width to accommodate building of similar proportion to the neighbouring property whilst creating an acceptable end of terrace feature, which would not be out of keeping with the general pattern of development in the area.

6.3 When viewing the properties along Horsebridge Hill, the character of the wider area is extremely varied in type, design and age of development. The proposal would not conflict with the character of the area.

6.4 The proposed unit would reflect existing design of host properties and terraced units north of application site. Overall, I am of the opinion that the design of the proposed flats and terraced house is appropriate for its location and would be visually acceptable within the streetscene.

6.5 In my opinion, the proposed amenity area for the two bedroomed house (4.5m x 4m) is likely to be adequate to cater for the needs of prospective occupiers. Plans do not identify a clearly defined amenity area for the three flats. This repeats the intention shown on the earlier approved scheme.

6.6 Whilst I am aware there is the introduction of fenestration on the southern elevation, I do not consider there to be any overlooking or loss of amenity as 49/51 Horsebridge Hill is set back and the only window that is displayed within the northern end is obscure glazed. Whilst I am mindful of a ground floor entrance door this will be obscured by existing boundary.

6.7 In terms of drainage, no evidence regarding the adequacy of drainage serving the area has been submitted. Once again I draw Members attention to an appeal which was allowed adjacent 1 Sherwood Close, in which the Planning Inspector noted the concerns over foul drainage but did not consider that they were backed up with sufficient evidence to justify withholding consent. The consultation with Southern Water does raise the issue regarding limited capacity in the local network. They also note the recent improvement works in the locality but seek a condition that would require a capacity assessment before any development is commenced. I see no problem with this approach.

6.8 The submit plans clearly show a formal parking arrangement of four spaces (one per unit) which is an acceptable level of provision to the Highway Engineer.

7. Conclusion and Justification for Recommendation

7.1 Having given 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 the proposed development without being detrimental to the amenities or privacy of neighbouring occupiers or the character and appearance of the area in general. Proposal can easily accommodate off street parking and in terms of drainage, it is my opinion that further development would not add significantly to the flows to the foul system providing appropriate condition is imposed. The scale, mass and design of the proposed units are considered to be appropriate for this residential area with no resultant hazards to other highway users. Accordingly the proposal is consistent with the objectives of the Unitary Development Plan and can be supported subject to appropriate conditions.

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 details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
3	No development shall take place until 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.
4	All materials excavated as a result of general ground works, including site leveling, installation of services or the digging of foundations, shall not be disposed of within the area identified in red on the submitted plans. The materials shall be removed from the site prior to the construction of the building proceeding beyond damp proof course level or such other timescale to be agreed with the Local Planning Authority. Reason: In the interest of the amenities of the area and to comply with Policy D1 (Standards of Design) of the IOW Unitary Development Plan.
5	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 enable the Local Planning Authority to consider the impact of future alterations, particularly given the limited area of the site and to comply with Policies G4 (General Locational Criteria) and D1 (Standards of Design) of the IW Unitary Development Plan.
6	No development shall take place until a detailed scheme including calculations and capacity studies, have been submitted to and approved in writing by the Local Planning authority, indicating the means of foul and surface water disposal, such agreed foul and surface water disposal systems shall indicate connections at points on the system where adequate capacity exists and shall provide for attenuation measures to ensure that any additional flows do not cause flooding or overloading of the existing system. None of the units hereby approved shall be occupied until such an agreed systems have been implemented and completed. Reason: To ensure adequate system of foul and surface water disposal for the development and in compliance with Policy U11 (Infrastructure and Services Provision) of the IW Unitary Development Plan.
7	No building shall be occupied until the means of vehicular access thereto has been constructed in accordance with the approved plan. Reason: To ensure adequate access to the proposed development and to comply with Policy D1 (Standards of Design) and TR7 Highway Considerations for New Development) of the IW Unitary Development Plan.
8	None of the units 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 4 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. Each of the units hereby approved shall be allocated one parking space and the nominated space shall be retained with the unit thereafter. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

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Reference Number: P/01085/06 - TCP/27723 Parish/Name: Newport - Ward/Name: Parkhurst Registration Date: 03/05/2006 - Outline Planning Permission Officer: Miss S Gooch Tel: (01983) 823552 Applicant: Mr & Mrs Fagg Outline for detached house land adjacent, 7 Buckingham Crescent, Newport, PO30 The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The local Member, Councillor G Price, has requested that this application is considered by the Development Control Committee for the following reason; inadequate drainage.

1. Details of Application

1.1 Outline planning permission is sought for a two storey detached unit on land, adjacent 7 Buckingham Crescent with siting and means of access only to be considered at this stage.

1.2 Application site sits on a corner plot measuring 19.5 metres in width x 26 metres in length which also includes a small section of road and footway that surrounds the site on two sides.

1.3 Submitted plans show a proposed unit with a footprint of 7m x 6.7m to be sited just behind the building line of number 7 and in line with the front of number 9 Buckingham Crescent. No details on the access arrangements have been submitted.

1.4 Whilst design is currently not for consideration the agent has submitted illustrative plans showing bulk, scale and massing for the proposed dwelling using similar materials which would mirror the existing host properties within Buckingham Crescent.

1.5 Application form indicates both foul and surface water to be disposed of into combined main sewer.

2. Location and Site Characteristics

2.1 The site lies within the built up area on a corner plot. The immediate surroundings are characterised by generally terraced properties and semi-detached properties, some of which are built in different styles and periods with flat roofed front porch features. Some of the properties in this area have been extended.

2.2 The character of the area is essentially derived from the form and arrangement of the dwelling and the open plan principles on which the estate appears to have been originally laid out. Although dwellings on the estate have been altered to varying degrees since their construction, there appears to be little change in their form and arrangement. The dwellings are arranged mainly fronting the estate road and along building lines that have little variation. This arrangement and the depth and minimal enclosure of the frontage to the dwellings reflect the open plan character.

2.3 The site is approximately square measuring 19.5 metres in width x 26 metres in length. It currently forms the side garden area to 7 Buckingham Crescent. To the west is the end elevation of number 9 whilst to the south is the end elevation of the applicant’s property 7 Buckingham Crescent. North of application site on opposite side of road is open ground communal area with Albany Prison beyond.

3. Relevant History

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

4. Development Plan Policy

4.1 National Policy Guidance

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 alternative 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 Newport, no other specific policy designation applies.

4.3 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

· H4 - Unallocated Residential Development to be Restricted to Define Settlements

· H5 - Infill Development

· TR7 - Highway Considerations for New Development

· TR16 - Parking Policies and Guidelines

· U11 - Infrastructure and Services Provision

The application site is within parking zone 3 of the UDP where parking provision is 0-75% of the none operational requirement. The maximum requirement in respect of residential development is one per bedroom.

5. Consultee and Third Party Comments

5.1 Internal Consultees

Highway Engineer recommends conditional approval.

5.2 Neighbours

One letter of objection received which can be summarised as follows:

· Inadequate drainage

· Concern on parking and highway safety

5.3 Southern Water

As long as only foul drainage from the new development is directed to the sewer Southern Water would not object, however some other means must be found for the disposal of surface water.

6. Evaluation

6.1 The application site is within the development envelope for Newport, therefore the principle of a new dwelling is considered acceptable providing the issues set out below are addressed.

6.2 I am satisfied that the site is of adequate size to accommodate development compatible with the surroundings without detracting from the amenities of the area or of neighbouring properties. In particular, the site is of adequate width to accommodate a building of similar proportion to the applicant’s property and whilst creating a detached unit, it would not be out of keeping with the general pattern of development in the area providing at reserved matter stage, design reflects the character of the area.

6.3 Submitted illustrative plan show a virtually identical design to the existing property within the locality; overall I am of the opinion that the submitted illustrative plans of the proposed dwelling is appropriate for its location and would be visually acceptable within the streetscene.

6.4 In my opinion the proposed garden area would likely be adequate to cater for the needs and expectations of family given its size and is consequently comparative to those in the locality. Equally, number 7 will still retain an adequate garden area.

6.5 New buildings and their curtilages have a significant effect on the quality of an area. Existing hedgerow that surrounds the application site is a current feature of the area and proposed siting would not necessarily affect it.

6.6 Regarding impact on neighbouring properties, whilst I am mindful that the design is not up for consideration, I am of the opinion that proposal is of sufficient distance away and whilst noting the windows in both adjoining properties facing the site given distances and anticipated arrangement. I have no concerns about overlooking.

6.7 In terms of drainage, submitted application form does state that both surface and sewer will be discharged into the existing combined system however I am aware of the concern on current drainage and a condition will be imposed to satisfy the Southern Water concern and ensure that the current system is not overloaded. This is consistent with the requirements of Policy U11.

7. Conclusion and Justification for Recommendation

7.1 Having given 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 a detached dwelling without being detrimental to the amenities or privacy of occupiers or the character or appearance of the area in general. Proposal is considered to be appropriate for this residential area with no resultant hazards to other highway users. Accordingly, the proposal is consistent with the objectives of the UDP and can be supported subject to appropriate conditions.

8. Recommendation

Conditional Permission.

Conditions/Reasons:

1	Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this planning permission. The development hereby permitted shall be begun before the expiration of 2 years from the date of approval of the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved. Reason: To comply with Section 92 of the Town and Country Planning Act 1990 (as amended) and to prevent the accumulation of unimplemented planning permissions.
2	Before any works or development hereby approved is commenced on site details relating to the design and external appearance of any building(s) to be erected, the means of access thereto and the landscaping of the site shall be submitted to, and approved by the Local Planning Authority. These details shall comprise the ‘reserved matters’ and shall be submitted within the time constraints referred to in condition 1 above before any development is commenced. Reason: To enable the Local Planning Authority to control the development in detail and to comply with Section 92 of the Town and Country Planning Act 1990 (as amended).
3	No development shall take place until a detailed scheme, including calculations and capacity studies have been submitted to and approved in writing by the Local Planning Authority indicating the means of foul and surface water disposal, such agreed foul and surface water disposal system shall indicate connections and points on the system where adequate capacity exists and shall provide for attenuation measures to ensure that any additional flows do not cause flooding or overloading of the existing system. No dwelling shall be occupied until such agreed systems have been implemented and completed. Reason: To ensure an adequate system of foul drainage is provided for the development in compliance with Policy U11 (Infrastructure and Services Provision) of the Isle of Wight Unitary Development Plan.
4	All materials excavated as a result of general ground works, including site leveling, installation of services or the digging of foundations, shall not be disposed of within the area identified in red on the submitted plans. The materials shall be removed from the site prior to the construction of the building proceeding beyond damp proof course level or such other timescale to be agreed with the Local Planning Authority. Reason: In the interest of the amenities of the area and to comply with Policy D1 (Standards of Design) of the IOW 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 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.
6	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.

Andrew Ashcroft

HEAD OF PLANNING SERVICES