LIST OF
PLANNING APPLICATIONS
REPORT TO
COMMITTEE – 29 NOVEMBER 2005
01 |
P/02481/03 TCP/05746/N |
Ryde |
Conditional Permission |
|
Part OS parcels 1238, 0135 and 0952, land between Weeks Road and,
Ashey Road, Ryde, PO33 Outline for residential development (additional information regarding
suitability of junction of Woodland View/Ashey Road to serve proposed
development) |
|
|
02 |
P/01728/05 TCP/27277/A |
Ryde |
Conditional Permission |
|
Transport Interchange, Esplanade, Ryde, PO33 Demolition of buildings in connection with the development of a new
transport interchange including associated canopies, ancillary facilities, a
restaurant and railway footbridge |
|
|
02A |
P/01729/05 CAC/27277 |
Ryde |
Conditional Permission |
|
Transport Interchange, Esplanade, Ryde, PO33 Conservation Area Consent for demolition of buildings in connection
with the development of a new transport interchange and associated canopies,
ancillary facilities, a restaurant and railway footbridge |
|
|
03 |
P/01696/05 TCP/19509/K |
Freshwater |
Conditional Permission |
|
Savoy Holiday Village, Halletts Shute, Norton, Yarmouth, PO410RJ Demolition of holiday accommodation;
construction of 33 replacement holiday chalets |
|
|
04 |
P/01429/05 TCP/22290/F |
Wootton |
Conditional Permission |
|
Land at junction of, High Street and, Rectory Drive, Wootton Bridge,
Ryde, PO33 Proposed retail (A1) store, vehicular access alterations and
landscaping |
|
|
05 |
P/01803/05 TCP/10484/M |
Newport |
Conditional Permission |
|
Former IW Council library headquarters, Parkhurst Road, Newport, PO30 Demolition of library headquarters & industrial units; outline for
residential development comprising 54 houses & 24 flats with access off
Parkhurst Road |
|
|
06 |
P/01864/05 TCP/10858/N |
Ryde |
Refusal |
|
26 Bellevue Road, Ryde, PO332AR Demolition of building; construction of 3 storey building with
accommodation in roof space to form 14 flats; alterations to vehicular
access, parking areas & landscaping (revised scheme) |
|
|
06A |
P/01867/05 CAC/10858/M |
Ryde |
Refusal |
|
26 Bellevue Road, Ryde, PO332AR Conservation Area Consent for demolition of building in connection
with construction of 3 storey building with accommodation in roof space to
form 14 flats; alterations to vehicular access, parking area &
landscaping (revised scheme) |
|
|
07 |
P/01930/05 TCP/27308 |
Newport |
Refusal |
|
OS parcel 3660, Newclose Farm, Nunnery Lane, Newport, PO303DX Change of use of agricultural land to cricket ground to include
construction of cricket pavilion and detached store |
|
|
08 |
P/00004/05 TCP/17825/C |
Shanklin |
Conditional Permission |
|
1, Hope Road, Shanklin, PO376EA Demolition of building;
erection of 3 storey building to form 9 flats with parking (revised
scheme) |
|
|
09 |
P/00649/05 TCP/02147/E |
Ventnor |
Refusal |
|
Beachlands, Esplanade, Ventnor, PO381JR Demolition of building; erection of 3/4/5/6 storey block of 8 flats
with ground floor parking; vehicular access & landscaping |
|
|
10 |
P/01983/05 TCP/26828/B |
East Cowes |
Conditional Permission |
|
23 Cambridge Road, East Cowes, PO326AH Demolition of house; outline for block of 8 flats with parking at
lower ground floor level; alterations to vehicular access and landscaping |
|
|
11 |
P/01687/05 TCP/05124/C |
Wootton |
Conditional Permission |
|
The Moorings, 15 Station Road, Wootton Bridge, Ryde, PO334QU Demolition of dwelling; outline for residential development of 3
dwellings; alterations to vehicular access |
|
|
12 |
P/01694/05 TCPL/27263/A |
Ryde |
Conditional Permission |
|
Royal York Hotel, 67 George Street, Ryde, PO332ES Telecommunications installation comprising a 6.1m high flagpole, 3
panel antennae with associated radio equipment housing & ancillary
development |
|
|
12A |
P/01695/05 LBC/27263 |
Ryde |
Conditional Permission |
|
Royal York Hotel, 67 George Street, Ryde, PO332ES LBC for telecommunications installation comprising a 6.1m high
flagpole, 3 panel antennae with associated radio equipment housing &
ancillary development |
|
|
13 |
P/01916/04 TCP/20468/C |
Ventnor |
Conditional Permission |
|
Land adjoining Homelands, Southgrove Road, Ventnor, PO38 Detached dwelling with garage; detached double garage for 'Homelands'. |
|
|
14 |
P/00347/04 TCP/02524/K |
Ventnor |
Conditional Permission |
|
Maples Farm, Trinity Road, Ventnor, Isle Of Wight, PO381NS Alterations & extension to include removal of roof & extension
to provide accommodation at 1st floor level (revised scheme) |
|
|
15 |
P/02641/04 TCP/22282/D |
Ryde |
Conditional Permission |
|
Land rear of The Dolphins, Augusta Road, Ryde, PO33 Detached house with detached garage; formation of vehicular access
(revised scheme) |
|
|
16 |
P/01417/05 TCP/13615/L |
Ventnor |
Conditional Permission |
|
Kingsview, (former Rex Cinema site) 23, Church Street, Ventnor, PO38 Variation of condition no. 3 on TCP/13615/F relating to the southern
boundary wall (additional information) |
|
|
01 |
Reference Number: P/02481/03
- TCP/05746/N Parish/Name: Ryde
- Ward/Name: Ryde South East Registration Date:
12/12/2003 - Outline Planning Permission Officer: Mr J
Fletcher
Tel: (01983) 823552 Applicant: Wadham
College Outline for residential development (additional information
regarding suitability of junction of Woodland View/Ashey Road to serve
proposed development) part OS parcels 1238, 0135 and 0952, land between Weeks
Road and, Ashey Road, Ryde, PO33 |
This application was due to be considered at the Development Control Committee on 12 July 2005 but following the late receipt of letters of representation which raised specific concerns regarding access issues with particular reference to traffic visibility, your officers requested a deferral of the determination of the application. This was on the grounds that there was insufficient time for the Highway Engineers to respond. The applicants’ have commissioned highway consultants to carry out an appropriate investigation as to the suitability of the junction of Woodland View with Ashey Road and have submitted a detailed report. The content of this report has been the subject of a readvertisement procedure involving letters to all objectors, the display of site notices and advertisement in the local press. The report has been updated accordingly as follows.
Application is recommended for
Conditional Permission subject to a 106 Agreement and referral to the
Government Office for the South East.
REASON FOR COMMITTEE CONSIDERATION
This is a major application of
strategic significance relating to a residentially allocated site.
1. Details
of Application
1.1 This is an outline application for
residential development on 4.67 hectare area of land. All matters, i.e. means of access, siting, design, external
appearance and landscaping, are reserved for subsequent approval. However the application is accompanied by a
location plan outlining the site in red and including both the road, Woodlands
View, off Ashey Road and this will therefore be the access to the site and the extension
of that road through land which abuts the main site to it south west. Members
are advised that although the number of units proposed or the density is not
known or specified, there area other factors, primarily highway issues, which
will limit the scale of the development.
1.2 The application is accompanied by
detailed Ecological Report, Flood Risk Assessment, Drainage Statement, and Site
Investigation Report. These
consultants’ reports can be summarised as follows:
1.2.1
Drainage
Foul Drainage
·
Existing local foul sewer has inadequate capacity. Southern Water have
accepted they therefore have a duty to provide satisfactory foul sewer in
accordance with appropriate legislation.
·
Appropriate studies by Southern Water have been funded to identify works
needed to serve the site.
·
Southern Water have carried out a capacity study and provided a plan
showing the route of the new sewer works. (See attached plan).
·
Statement acknowledges possible route of new sewer is of considerable
length but is generally within existing roads or within existing easement
strips dedicated as access for the construction, repair or maintenance of
existing sewers. Only departure from existing sewer route is through an open
grassed recreation ground.
·
Two areas of potential impact being through the allotments but there
appears to be three route options which are available to minimise disturbance
and within the vicinity of cul de sac off Monkton Street with disturbance being
minimise by using remote “boring no dig” techniques.
·
Report acknowledges existing system has inadequate capacity and
reinforcement work along the route of this sewer will be needed in any event.
1.2.2 Surface Water Drainage
·
No surface water discharged directly into existing water course if
liable to increase risk of off site flooding.
·
Flow should be controlled at source either by infiltration into sub soil
or by way of attenuation to reduce rate of run off to that equal to or less
than existing run off rate. Excess flow to be retained and released slowly.
·
Sub soils unsuitable for extensive infiltration systems, i.e. soakaways.
·
Control mechanism designed to ensure rate of discharge does not exceed
that of undeveloped site over the full range of return periods from four events
per year to one in hundred year event.
·
Topography of site results in two natural catchment areas in north
eastern and south eastern corners of the site.
·
Control mechanisms and ponds will be developed at the detail design
stage in compliance with Council and Environment Agency requirements although
some preliminary design work has identified approximate volumes therefore
corresponding areas have also been identified.
·
Permitted rate of discharge 7 litres per second per hectare has been in
compliance with standard run off rates from greenfield sites.
·
Provided the design principals are adhered to, there should be no risk
of environmental or amenity impact in respect of southern water course leading
from the site to Monkton Mead Brook.
1.2.3 Flood Risk Assessment
·
This is a detailed report prepared by appropriate competent persons
using format recommended in PPG25- Development and Flood Risk.
·
Report concludes there will be no flood risk generated by the
development proposals.
·
There is no risk of flooding on the development site caused by Monkton
Mead Brook.
·
Balancing pond and attenuation controls will prevent increased flood
risk on the Monkton Mead Brook.
·
Sustainable urban drainage systems and surface water flow rate controls
can provide mitigation to ameliorate potential impacts on the small water courses
running between the site and Monkton Mead Brook.
·
Minor risk of on site flooding caused by on site ground water seepages
and ditch flows can be mitigated by sensible design of flood levels and the
construction of an over head flood route along the line of the existing ditch.
1.2.4 Site Investigation Report
(Geology)
·
Application accompanied by a report prepared by consultancy and
structural engineers in 1991.
·
Report concludes that augured piled foundation would be most economical
given the clay sub soil strata and any proximity to nearby trees.
·
Report acknowledges natural drainage of the site is not good given the
clay strata and that surface water soakaways may not prove to be sufficiently
effective.
·
Report advise the potential purchasers of any properties be informed
that the houses are founded on shrinkable soils and therefore should only plant
trees and shrubs with low water demand rates.
·
This report was assessed by another consulting engineer in 1998 who
agreed with its findings.
1.2.5 Ecological Report
Report prepared by
appropriate competent persons and describes the habitats present on land of
proposed development and concludes as follows:
·
There is a designated site (Swanmore Meadows SINC) adjacent to
development site interesting habitat is present in the development site (in
particular grassland habitats) and recommendations for mitigation have been
made in the report.
·
Habitats suitable for badgers, bats, and breeding birds are present on
the site or in the immediate surroundings but no evidence of badgers or bats
have been found in the field survey on the site.
·
Further survey works has been recommended for bats and badgers in order
to be able to determine the impact that redevelopment might have on theses
species. Survey works and the findings of such surveys would not inhibit the
development of the site. It is proposed that further survey work will be
carried out before the detailed design stage of the development in the
appropriate season in order to inform the design of the scheme where appropriate.
·
On the basis of this study there is no overriding ecological reason why
development of the site should not take place, however to ensure the effect of
any development on ecology and natural conservation are minimized the
recommendations outlined above should be adopted.
1.2.6 Transport Report – Vehicular
Access Considerations.
Following deferral in
July 2005 additional information, prepared by highway consultant commissioned
by the applicants, was received in October 2005. prepared by highway consultant
engineers commissioned by the applicants. The report has been carried out in
accordance with appropriate codes of practice and covers a number of issues
relating to planning background, existing junction visibility, existing traffic
flows, junction capacity, accident records and an evaluation and conclusion.
Report encompasses a significant level of technical information and a summary
of its findings are as follows.
·
Recognition that the Woodland View junction with Ashey Road subject of
original approvals serves a development which totals 45 dwellings (27 units
completed, 16 units under construction, 2 units recently approved). Required
visibility splays in respect of those consents related to 4.5 metres x 66
metres northwards and 4.5 metres x 35 metres southwards onto Ashey Road have
been constructed in accordance with those planning consents.
·
Detailed measurements of existing visibility confirms that the junction
complies with the above-mentioned visibility measurements but also indicates
that if the x distance is 2.4 metres then there is an increase of visibility to
the north of 101 metres and to the south minimum of 215 metres.
·
Fresh traffic survey has been undertaken establishing current speeds and
volume of traffic in Ashey Road with counters being in place for the period
4-13 September 2005 with that particular week being chosen to ensure conditions
were monitored during school term time when traffic is generally heavier.
·
The resultant data has been subject of a robust assessment using
approved computer programme modelling. It should be noted that existing traffic
flows in Ashey Road have been factored up to 2010 figures. The analysis is
based on development of 250 additional houses, again in accordance with
recognised analysis processes.
·
Accident records have also been checked with there being a record of 9
accidents occurring in Ashey Road in a 3 year period with none of these
accidents occurring in the near vicinity of Woodlands View and could not be
attributable to the construction and use of that junction.
·
The evaluation section of the report makes a number of references to
various national guidance documents i.e. PPG13 and the document “Places,
Streets and Movements” which is the companion document to the original Design
Bulletin 32.
·
Reference is also made to the appeal decision of November 1999 allowing
effectively the development of the 16 units now currently under construction
with the visibility at the junction with Ashey Road being one of the main
issues in dispute in respect of that appeal. The result of the evaluation
indicates that the junction would operate at less than 30% of its capacity when
development is complete making specific reference to the fact that percentile
speeds in Ashey Road some 3 mph lower than in 1998 being around 30 mph outside
the school and 31 mph past Rosemary Lane.
·
Reference to the conclusions of the consulting engineers report will be
made in the evaluation.
2. Location
and Site Characteristics
2.1 Site lies on the southern outskirts of
Ryde, west of Weeks Road and east of properties which front Ashey Road and the
development known as Leighwood Close.
2.2 The main area of the overall development
site is in the form of two open fields being semi improved grassland. The
larger field to the south slopes from west to east with the upper field having
a slope again from west to north east.
The boundary between the two fields is in the form of continuous scrubby
hedgerow within which is a water course.
The upper field has extensive scrub interspersed with broad leafed trees
abutting its western boundary with further scrubby hedgerows along the northern
boundary. The lower large field again has scrubby hedgerows to its west whilst
its southern boundary is in the form of hedgerow interspersed with trees. The
eastern boundary where it abuts Weeks Road is in the form of extensive
hedgerows with substantial trees along the whole of that boundary.
2.3 Weeks Road itself is wooded bridle way
which is an extension to Weeks Road from the north which serves established residential
dwellings. It then continues in a
southerly direction joining Rosemary Lane to the south which is also a
bridleway which runs in a west east direction off Ashey Road further to the
west.
2.4 Abutting the northern boundary are
statutory allotments whilst abutting the southern boundary of the larger field
is an area known as Swanmore Meadows which is a substantial Village Green and
stretches through to Rosemary Lane. Swanmore Meadows also extends to the south
east of the site and east of Weeks Road through to the railway line.
2.5 Abutting the western boundary are areas
of semi-cultivated land with evidence of former allotment use terminating on
the rear boundary of properties which front Ashey Road and in part the rear
boundaries and garage courtyards of the development known as Leighwood Close.
2.6 Application also include part of the
smaller development site to the south west. The area of land included relates
to that which would be required for the access road with that narrow strip
continuing to the southern boundary to that development site. The application site then extends into the
new road known as Woodlands View which serves a total of 27 units and
terminates at a junction with Ashey Road on its eastern side. This road is
virtually completed to adoption standards.
3. Relevant History
3.1 (TCP/5746/H) Most significant planning
history relates to an outline application for residential development on this
site which was refused in December 2002 for the following reasons:
1. There is insufficient capacity within
the existing sewage to take this development satisfactorily and it is therefore
likely that conditions would be created that would adversely affect the
amenities of other users of the existing system and it is therefore contrary to
Policy U11 (Infrastructure and Services Provision) of the Council’s Unitary
Development Plan.
2. A scheme of alternative means of
treatment or the upgrading of the existing sewer has not been submitted and in
its absence it is not clear whether the surrounding area will have to b
utilized at the expense of the Nature Conservation interests and therefore the
development is likely to create conditions that are contrary to Policies C8
(Nature Conservation As A Material Consideration) and C12 (Development Affecting
Trees and Woodlands) of the Council’s Unitary Development Plan.
Whilst an appeal
was lodged following that decision due to the fact that incorrect documentation
was submitted in support of that appeal no further action was taken and
effectively the appeal was abandoned.
3.2 (TCP/5746/F) Outline application which
included siting, landscape and access for ten semi detached and six terraced
dwellings was refused in February 1999.
A subsequent appeal was allowed in November 1999 subject to conditions. That
appeal decision also included a unilateral undertaking regarding pro-rata
payments towards cumulative facilities and traffic calming measures.
3.3 Outline consent was effectively not
implemented with a further outline application being submitted seeking a
revised scheme for the residential development on the site for the same number
of units (TCP/5746/L) which was granted consent in February 2003 subject of a
Section 106 Agreement which replaced the original unilateral undertaking
referred to above. Reserved matter
approval has recently been granted in May 2005
3.4 Outline application for 21 detached and 6
terraced dwellings approved August 1999 (TCP/8746/E) subject to a Section 106
Agreement covering payment of £17,194 towards community facilities and £3,450
towards traffic calming in Ashey Road. A subsequent reserved matter application
was approved in October 1999 following which development is now virtually
completed being the development Woodland View off Ashey Road.
3.5 Members attention is also drawn to a very
recent approval granted May 2005 for two detached house within the rear garden
of property 35 Ashey Road accessed of the proposed extension of Woodlands View.
4. Development Plan Policy
4.1 National policies covered in PPG3-Housing
with relevant considerations itemized as follows:
·
Ensure new homes are provided in the right place at the right time and
that there is a choice of sites which are both suitable and available for house
building.
·
There should be a regular review of housing requirements through the
mechanism of a local housing needs assessment.
·
In providing sufficient housing land, priorities should be given to
reusing previously developed land within urban areas in preference to the
development of green field sites.
·
Provide a wider housing opportunity and choice, better mix and size,
type and location of housing.
·
Local plan policies should seek to achieve as an element of housing
scheme appropriate level of affordable housing having identified through the
housing needs survey what the Authority considers to be affordable in the local
planned area. It should be related to lower income levels and house prices or
rents for different types of households.
·
The amount and types of affordable housing to be provided should reflect
local housing need and individual sites suitability and be a matter for
agreement between the parties.
·
Planning authorities should ensure maintenance of supply of housing by
·
Concentrating most additional housing development within urban areas.
·
Making more efficient use of land, particularly previously developed
land.
·
Assessing the capacity of urban areas to accommodate more housing.
·
Adopting a sequential approach to the allocation of land for housing
development.
·
Managing the release of housing land.
·
Reviewing existing allocations of housing land in plans.
·
Criteria for allocation should be based on:
·
Availability of previously developed sites.
·
Location and accessibility
·
Capacity of existing and potential infrastructure
·
Ability to build communities
·
Physical and environmental constraints on the development of land.
Members are advised that
a housing need survey was carried out in the period 2001 which sought to
identify the extent, distribution and type of housing needed over and above
homelessness. This was a robust lengthy document which concluded that the
greatest need was for rented accommodation. It also identified Newport, Ryde,
Shanklin and Sandown as areas where there were particular problems with the
greatest need being for single person accommodation although there continues to
be on going demand for two/three bedroomed homes to meet the statutory homeless
requirements.
4.2 The whole of the site is within the
development envelope boundary with that boundary
running down the edge of Weeks Road and along the southern boundary of the main site.
The application site forms part of a
slightly larger area including land abutting the western boundary through to
the rear boundaries of properties which front Ashey Road and including the land
to the south west all of which have been specifically allocated as housing
development land within the statutory Unitary Development Plan.
This allocation brings it under the
auspices of Policy H3 – Allocation for residential development sites – Planning
proposals for residential development will be acceptable in principle on the
sites listed in Appendix A, subject to any specific guidance as detailed. The
site is identified as H3 (38) and the following specific policy applies:
“It is proposed that any area of
land to the rear of properties on the eastern side of Ashey Road be released
for residential purposes. Access to the proposed residential area will be from
Ashey Road and will be constructed to the satisfaction of the Local Planning
Authority. The development of the area should be in conjunction with the
provision of community care facilities either within the site or on adjoining
land. The land is undulating in nature and the individual fields enclosed in
the main by hedge and tree boundary. The design and layout of any development
should take into account the topography of the site, the proximity of nearby
properties and maintain the natural features of the area where possible.”
4.3 Other relevant housing policies within
the Unitary Development Plan are itemized as follows:
·
H1 – Major New Residential Developments to be located within the main
Island towns.
·
H2 – To ensure that large residential developments contain a variety of
house sizes and types.
·
H14 – Locally Affordable Housing as an element of a housing scheme.
For Members information
over the Unitary Development Plan Period (1996-2011) there is a development
potential for approximately 8,000 units which assumes that the development of
allocated sites which will make a contribution. In terms of regional policies
in respect of the south and south east, the targets for the Isle of Wight are
in the region of 500+ units a year which up to the present time is being
achieved on a year by year basis. Obviously these figures may be revisited
during the local development framework process however; the Unitary Development
Plan is the statutory policy document which should apply to this site. Finally
in terms of housing policies Members are advised that the above calculations
are based on a density figure of 30 dwellings per hectare.
4.4 Other local Unitary Development Plan
policies are itemised as follows:
·
G1 – Development Envelopes for Towns and Villages
·
G4 – General Locational Criteria for Development
·
G6 – Development in Areas Liable to Flooding
·
G7 – Development on unstable land
·
C8 – Nature Conservation as a material consideration
·
C11 – Sites of Local Importance for Nature Conservation
·
C12 – Development Affecting Trees and Woodland
·
C13 – Hedgerow
·
TR6 – Cycling and Walking
·
TR7 – Highway Considerations for New Development
·
TR16 – Parking Policies and Guidelines
·
U2 – Insuring Adequate Educational, Social and Community Facilities for
the future population.
·
U11 – Infrastructure and Services Provision
·
L10 – Open Space in Housing Development
4.5 Site is within Zone 3 of the Council’s
parking policy thus requiring parking provision that shall not exceed 0-75% of
parking guidelines.
4.6 Relevant strategic policies within the
Unitary Development Plan are listed as follows:
·
S1 – New Development will be concentrated within existing urban areas.
·
S2 – Development will be encouraged on land which has previously been
developed (brownfield sites) rather than undeveloped (Greenfield sites).
Greenfield sites will only be allocated for development where they are
extensions to urban areas and where no suitable alternative brownfield site
exists.
·
S3 – New developments of a large scale will be expected to be located in
or adjacent to the defined development envelopes of the main island towns of
Cowes/East Cowes/Newport/Ryde/Sandown/Shanklin.
·
S7 – There is a need to provide for the development of at least 8,000
housing units of the planned period while a large proportion of this
development will occur on sites with existing allocations or planning
approvals, or on currently on unidentified sites, enough new land will be
allocated to enable this target to be met and provide a range of choice and
affordability.
·
S11 – Land use policies and proposals to reduce the impact of and
reliance on the private car will be adopted and the Council will aim to
encourage development of an effective, efficient and integrated transport
network.
4.7 Reference is also made to National
document, Residential Roads and Footpaths Layout Considerations – Design
Bulletin 32 second edition dated April 1992 and its companion guide, Places,
Streets and Movement dated September 1998. This document provides advice on the
main considerations that should be taken into account in the design of
residential roads and footpath layouts. Takes into account initiatives on matters
such as road safety with particular reference to the contribution of roads and
footpaths can make to the creation of the visually attractive safe convenient
nuisance free and secure development.
4.8 Members attention is also drawn to
Supplementary Planning Guidance in respect of affordable housing which now
seeks a 30% contribution from developers on those qualifying sites.
5. Consultee and Third Party Comments
5.1 Internal
Consultees
·
Highway Engineer recommends
appropriate conditions should application be approved. In terms of the
additional information contained in the highway consultants report Highway
Engineer is fully satisfied that the information provided including the
analysis has been carried out in
accordance with codes of practice and has no Reason to question the conclusions
of that report.
·
For Members information a detailed assessment of the access issue was
undertaken by the Highways department in respect of the previous refused scheme
of December 2002 with those comments being summarised as follows:
o
Comparison made with other single access developments serving
substantial number of dwellings 250+ throughout the island with particular
reference to Sandham Gardens, Lake and Carter Avenue, Shanklin.
o
Reference made to Design Bulletin 32 which makes specific reference to
up to 300 dwellings being served off one access point providing there is an
internal loop arrangement within the internal estate road layout.
o
Some concern was expressed that 300 dwelling served off Ashey Road
through Woodland View may be slightly excessive, it does not believe that there
would be valid grounds to refuse the application, should that number be
reached.
o
Whilst reference is made to a second road access into the site, he quite
rightly suggested that this application has to be considered on its merits with
the single access.
o
Any layout should both accord with Design Bulletin 32 and its companion
guide, Places, Streets and Movement.
On the basis that there
is no change in circumstances since that application and therefore the Highway
Engineer is recommending conditions should the application be approved.
·
Council’s Archaeological Officer recommends appropriate conditions
should application be approved.
·
Council’s Technical Engineer confirms that the foul sewage drainage
system has to be agreed with Southern Water, and whilst agreeing with the
principle of balancing ponds the issue of adoption of those balancing ponds
still remains to be resolved.
·
Ecology Officer comments as follows:
o
Housing allocation negates any Nature Conservation interest.
o
He recognizes the importance of the adjacent SINCs.
o
Need to protect natural boundary features.
o
Ensure there is no uncontrolled access to adjacent SINC sites.
o
Any layout should provide controlled access points (stiles or kissing-gates)
to provide access along these boundaries.
o
Importance of the construction design and maintenance of the balancing
ponds should be made a feature of the development site with particular
reference to their landscaping.
o
Considerable potential for the balancing pond in the south eastern
corner of the site to be more natural feature linking it with the adjoining
Woodland SINC.
o
Any landscaping scheme submitted should ensure use of native species.
o
Recognition of pressure that will be placed on the adjoining SINC by any
development including drainage impact however, this SINC should be seen as an
asset to the development providing the layout is designed accordingly and that
the adjoining SINC is adequately managed.
o
Any development should contribute towards the management and upkeep of
the adjoining SINC given the benefits that will accrue to that development by
its relative location.
o
Ecology Officer identified a number of improvements which could benefit
from monies received including improvements and repair to Weeks Road providing
gates or stiles setting up footpaths with suitable surfacing through the wooded area. Such monies could be obtained
under the auspices of a Section 106 Agreement.
5.2 External Consultees
·
Southern Water confirm that applicants have applied to them for a new
requisition sewer with a sewer arrangement as described representing a suitable
solution. Southern Water cannot object to the principle of development but
suggest conditions be applied requiring the submission of design detail and
that no property be occupied until the new foul sewer has been constructed.
·
The Environment Agency initially placed a holding objection on the
proposal on the grounds of insufficient information effectively requiring
further hydrological information in order to assess the adequacy and
suitability of the surface water drainage scheme. Following submission of the Flood Risk Assessment and the
Ecological Report, the Environment Agency is now satisfied that the detailed
design of the water courses and surface water control can be addressed through
conditions and the agencies land drainage consenting procedure.
·
The Environment Agency has also commented on conservation issues, with
particular reference to the Ecological Report, and are suggesting a specific
condition requiring all the recommendations contained within the submitted
Ecological Report to be upheld within any detailed development scheme, with the
reason being to minimize any adverse impact on the adjoining SINC (Swanmore
Meadows) and the river corridor to compensate for the loss of species rich
grassland under the built footprint.
They also advise on a number of ecological issues covering the retention
of hedgerows, trees, grassland and any drainage ditches where appropriate,
erection of signage to draw residents’ attention to the need to respect the
adjoining SINC, provisions to deter littering and tipping, the need to provide
additional bat surveys, and the need for the balancing ponds to be laid out to
encourage local wildlife.
5.3 Third Party Representation
The Application has been
the subject of a total of 65 letters of objection, 13 from residents of
Woodland View, 11 from residents of Alfred Street, 7 from residents of
Leighwood Close, 6 from residents of Weeks Road and 6 from residents of Ashey
Road, 4 from residents of Hazelwood Close, 3 from residents of Swanmore Avenue,
2 each from residents of Rosemary Lane, St Michaels Road and Osborne Road, and
1 each from residents of Quarry Road, Aldermere Close, West Street, Osborne Close,
Reed Street, Wray Street and Bettesworth Road. Single letters of objection have
also been received from the Woodlands View Residents Association, the South
Ryde Residents Association, the Ramblers Association and the Isle of Wight
Animal Preservation and Action Group. Points raised are summarized as follows:
·
Single access (Woodlands View) incapable of serving level of traffic
likely to be generated from this development.
·
Development would be likely to cause hazards to local residents, with
particular reference to children and elderly, caused by significant increase in
traffic using Ashey Road, the junction of Woodlands View with Ashey Road.
·
No development should take place on this site unless a second access off
Ashey Road is created.
·
A general concern regarding the ability of existing sewer systems to
accept discharge from any development on the site.
·
Level of surface water discharge likely to create flooding problems with
particular reference to Monkton Mead Brook.
·
Some concern regarding general ground stability issues with reference to
the information accompanying the application on this issue being out of date.
·
Objectors consider the site as significant ecological value and proposal
would result in loss of this value with reference to loss of wildlife habitat
and potential loss of hedgerows and trees.
·
Proposal will put pressures on local schools, health facilities.
·
There may be access problems for emergency vehicles with particular
reference to the fire appliance.
·
There is a lack of local shops to service a development of this size.
·
Concern that the development will alter the character of Weeks Road
(public bridleway) with added concerns regarding the pressures that such a
development may have on the local public footpath system as a whole.
·
Reference is made to the level of on-street parking in Ashey Road and
the impact on free flow of traffic that may be caused by the additional traffic
generated by this development.
·
Local allotment association and individual allotment holders concerned
regarding the impact of this development on those allotments, with particular
regard to security issues and specifically to the disturbance that will be
caused by the laying of the new sewer through those allotments.
·
Concern expressed regarding the effect that a development of this size
and nature will have on the natural springs which run through the site.
·
Concern regarding construction traffic disturbance and the overall
length of time it will take for such a major development to take place.
·
Residents of Woodland View express particular concerns, stating that
there is already congestion at the junction of Woodland View with Ashey Road,
with that congestion being exacerbated by parents dropping off and picking up
children attending Swanmore School in Ashey Road. Their concerns are summarised within their representation as
follows:
“The
additional dangers created for drivers, pedestrians and local children are
obvious. The increased traffic parking
issues and single lane access that exists along Ashey Road would create extensive
delays and noise to local residents.”
5.3.1 Immediately prior to the deferral of the
determination of the application in July 2005, 22 additional letters of
objection were received from immediate residents and Ryde residents. Included
in those letters were letters received from Woodlands View Residents
Association. In general the letters reiterated the concerns itemised above
relating to traffic and use of Woodlands View access onto Ashey Road and school
access point. Contained in the letters are a number of additional points which
are itemised as follows:
·
Emphasis on the level of parked vehicles in Woodlands
View thus reducing usable carriageway width.
·
Concern about possible obstruction for emergency
vehicle access.
·
Increased pressures on health and police services.
·
Concern regarding the processing procedures do not
allow sufficient public access to all information.
·
Development may impact on existing geology damaging
existing properties.
·
Questions the basis of the Flood Risk Assessment which
should be revisited as a result of the Boscastle event.
·
Level of disturbance caused by construction traffic.
·
Management of the attenuation pond should be by the
Council through a payment of a commuted sum by the developer.
·
One objector questions the cost of the foul sewer
which he considers will be much greater.
·
The proposed ponds will attract insects and smells.
·
One objector questions whether or not the Environment
Agency and Southern Water have been involved in the processing.
It was the letter from the Woodland View Residents
Association who had carried out a thorough investigation of the access point in
Ashey Road which resulted in your officers requesting a deferral to enable the
highway consultants’ assessment to be carried out. There were concerns within
that letter relating to the inevitability that waiting restrictions will be
introduced in the vicinity of this development and they also express concerns
regarding large vehicles entering and leaving Woodland View.
Following receipt of the concerns, the Environment
Agency were further consulted regarding their comments of August 2004 and they
confirm that these comments are still applicable reiterating that conditions
need to be applied as requested. They confirm that PPG25 still continues to be
the national guidance document at this time and although the agency are
nationally involved in redrafting this guidance it is unknown at this time how
it will change and therefore PPG25 is the best available guidance at this time.
5.3.2 Following the recent readvertisement
procedure inviting comments on the consultants report no comments have been
received. Any comments which are received prior to consideration of this
application will be reported to Members.
6.1 The most important material consideration
in respect of this proposal is whether or not the information accompanying this
application has adequately addressed the two reasons for refusal of outline
planning permission in December 2002.
Those two reasons related exclusively to drainage issues and therefore
not surprisingly the application has been accompanied by a significant level of
information in the form of Flood Risk Assessment and Drainage Statement. Also the application is accompanied by an
Ecological Report all of which more than adequately addresses reason no. 2 in
respect of that refusal. Members are
advised that the principle of residential development is not at issue given the
site’s allocation in the UDP and the more recent grants of planning permission
for residential development on adjacent land. Members are advised that if the
site were developed at a density consistent with PPG3 it could accommodate 140
to 234 dwellings at 30-50 dwellings/hectare gross.
6.2
Foul Drainage
·
The fact that the foul drainage solution being proposed involves the
laying of a substantial length of new foul sewer (approximately 1,300 metres)
from the site’s north eastern corner connecting to an existing manhole located
at the Esplanade/North Walk junction is an indicator as to the thoroughness of the
assessment in arriving at an appropriate strategy to achieve foul sewage
capacity to serve the site.
·
It is important to appreciate that Southern Water have a duty to provide
a satisfactory foul sewer to serve the site in accordance with the relevant legislation
which controls that service provider.
However, it is the applicant who funds the feasibility studies carried
out by Southern Water, and any future developer would have to bear the cost of
the foul sewage works which I am advised would be in the region of a figure
which would exceed £800,000.
·
Adequate controls would need to be applied under the auspices of
conditions to both ensure that the foul sewer solution is carried out to
service any development on the site and that, prior to any other works
commencing, a fully calculated foul sewer scheme should be submitted and
approved. Such a requirement is
essential to ensure that the sewer being laid is of a sufficient size, depth
and of an appropriate gradient to service development on the site. This cannot be provided at this stage given
the outline nature of the application.
·
In terms of likely land uptake which will be in the form of easements
and other detail issues relating to procedures, these are outlined below.
o
Easement widths will be approximately 6 metres although precise width of
works are usually a matter for negotiations between the various parties once
the developer has formally requisitioned the sewer.
o
Two clear stages involved in sewer requisitions, the first being the
detailed design stage where the concept agreed at planning stage is worked up
and costings agreed. The second stage being the completion of a formal
agreement between the parties.
o
Once agreed Southern Water would aim to commence works within six
months, although in more complicated cases involving various landowners or
sensitive wildlife or countryside sites, that timescale can be extended. This is to ensure minimum disruption and
disturbance to wildlife on landscapes.
o
Statutory period for the service of notice on landowners along the
proposed route is 28 days, however in such cases as this Southern Water would
commence negotiations well in advance and owners would usually know months in
advance the timing of the work. It is
anticipated that such works would take place in the autumn or early spring.
o
All the above would be subject of negotiations.
·
Whilst the laying of such a length of sewer will inevitably cause
disturbance and disruption, I am however satisfied from the information
received that all those involved will be given every consideration, with all
reasonable concerns being addressed at the negotiation stage. It should be emphasized that this is an
allocated residential site and Southern Water have a duty to provide a sewer
through the requisition process to serve the site. I therefore have no hesitation but to suggest that in terms of
the foul sewage proposal, this proposal more than adequately addresses the
previous reasons for refusal
6.3
Surface Water Drainage
·
Again the application has been accompanied by extensive information
prepared by appropriate competent drainage engineers, with that information
both being in the form of a drainage statement and an extensive PPG25 Flood
Risk Assessment. One of the delays in
bringing this application to Members for determination has been the requirement
of the Environment Agency to be provided with additional hydrological
information to assess the adequacy and suitability of the surface water
drainage scheme. Members will note that
that Agency is now recommending appropriate conditions should the application
be approved, and by implication this indicates that they are now satisfied that
the site is capable of being developed providing the attenuation methods are
introduced.
·
In recommending approval the Environment Agency have made general
comments which are itemized as follows:
o
Two catchment areas have been identified; one to the north and one to
the south, and run-off areas have been assessed through recognized methods of
calculation.
o
The greenfield run-off (undeveloped) from both these catchment areas is
approximately 40 litres per second per hectare, which is considerably higher
than the normal rate of run-off of 7 litres per second per hectare. This higher figure reflects the function of
the site’s slope and soil type which is relatively steep, underlain with clay,
giving a potentially high run-off rate.
o
Submitted Flood Risk Assessment identifies a number of ordinary water
courses that flow throughout the site.
Whilst these do not appear to form rationalised drainage routes, the
Environment Agency considers that it would be “pertinent to create ditches to
accommodate the flow”.
o
The Environment Agency makes reference to a requirement for land
drainage consent to be obtained to secure long term maintenance of opened channels. This would be a matter that would need to be
considered when the overall layout has been produced at the detail stage. At that stage any developer would need to
undertake to establish land ownership rights for either existing ditches or
relocated water courses and implement an appropriate management company to
undertake such maintenance.
o
In terms of the attenuation ponds, the Environment Agency notes that
pond A (south eastern corner) has a capacity of 900 cubic metres, whilst pond B
(north eastern corner) has a capacity of 600 cubic metres. The Agency confirms that this would provide
a volume that appears to be satisfactory to accommodate an attenuated discharge
from the site to that of the previous greenfield run-off rate.
o
The Agency stresses that at the detail stage they would be willing to
hold further discussions in order to agree the rate of discharge, overall
storage volume and specifics of the engineering design.
·
From the above the level of hydraulic engineering input in designing the
surface water system to service this site has been significant, which was
essential for initially the Environment Agency were not satisfied with the
information and were suggesting that the application would be refused on those
grounds.
·
I consider that there is considerable comfort in the fact that the
Environment Agency is now satisfied that the proposals have taken full account
of the circumstances of the site, and clearly those issues raised in respect of
details can be covered by way of condition.
·
In terms of adoption of surface water drainage, it is significant that
the report is suggesting that infiltration systems can be introduced on the
upper area of the site where gravel outcrops exist. Where such strata do not exist, ditches and swales and filtration
systems can be introduced in the lower areas.
All these can be features within the designed layout stage. The report suggests that the balancing ponds
could be dry detention ponds but with a more permanent water body and reed bed
in one corner. It certainly would be
anticipated that the two attenuation ponds would be used as specific features
in any future layout. Indeed the ponds
themselves can become valuable ecological features attracting appropriate
wildlife providing they are laid out appropriately.
·
In terms of adoption of the ponds, the applicants have been advised that
it is not the Council’s policy to adopt such features, a factor which they have
taken on board, and any future developer would need to address this issue by
ensuring that they are adopted by an acceptable management company, a factor
which would be included in any Section 106 Agreement.
6.4
Ecological Issues
·
The application has been accompanied by a detailed Ecological Report
prepared by an appropriate competent company which provides a description of
all the habitats present identifies any potential ecological constraints and
lists mitigation measures to alleviate these potential constraints. In preparing this Report particular
importance has been placed on the effect any development may have on the
adjoining Site of Importance for Nature Conservation (Swanmore Meadows SINC) to
the west and south of the application site.
·
The methodology of the study was in the form of a desktop study and
walkover field survey, being carried out in accordance with appropriate codes
of practice. A précis of the resulting
impacts of the development of the site are as follows:
o
Application for fields relatively species rich, but contain no species
which are protected by law. The same
habitat is represented in the adjacent SINC and indeed similar habitat may be
present in other fields in the locality.
o
Any mitigation for the loss of grassland habitat could be in the form of
habitat retention where appropriate within proposed open space areas contained
within the new development and/or a contribution to the nature conservation
management of the adjacent SINC areas.
o
Important that trees and hedgerows should be retained, an issue that
could be covered by condition.
Similarly the surface water ditches on the site should be retained with
scope to enhance those ditches for wildlife.
o
Site unsuitable for many protected species such as reptiles and great
crested newts. Site does have habitat
for breeding birds, badgers and bats and any detailed development will need to
take the potential impact on these species into account in the design.
o
Further surveys are recommended to determine existence of bats and/or
badgers; however the findings of such surveys would not prevent development as
there are many measures available for mitigating effects on these species. Such surveys should be carried out in the
appropriate seasons.
o
Any site clearance should avoid bird breeding seasons from March to
July.
·
With regard to any impact on the adjoining SINC sites, these are covered
as follows:
o
Proposal will have no impact on Monkton Mead Brook further to the east
on the grounds that if anything there will be a reduction in flood risk to that
brook due to the attenuation measures being suggested and therefore there is no
requirement for any improvement works to the existing surface water courses
within the SINC areas.
o
There would only be negligible impact on Monkton Mead Brook from the
works required for the new foul sewer where it abuts that brook.
o
Where the new foul sewer passes through Swanmore Meadows there would be
a temporary loss of habitat, however that habitat would return over a number of
years. By ensuring the new sewer runs
within the same easement any disturbance would be restricted to habitat that
has already been disturbed.
·
Like the surface water proposals this Ecological Report has been
thoroughly vetted by the Environment Agency, who are suggesting that an all
covering condition requiring all recommendations proposed within the Ecological
Report be adhered to within any detailed development scheme. They concur with the recommendations
contained in that report as follows:
o
Retention of natural features in order to integrate the new development
with the surrounding countryside and lessen pressures on the adjoining SINC.
o
Provision of interpretation signs highlighting the importance of the
SINC in the formalisation of entrances to the SINC. This is required to enable new residents to adopt a sense of
ownership over the adjoining natural resource and promote sympathetic treatment
and enjoyment of the area. Long term
management proposals should be outlined indicating how the integrity of the
SINC will be maintained further to increased visitor pressure.
o
Provision of measures to deter littering and tipping on the boundaries
of the SINC which could lower the amenity value of that area.
o
Concurrence that further survey work is required in respect of protected
species such as bats.
o
Balancing ponds should be integrated as a feature of the development in
order to encourage local wildlife, provision of a wildlife rich water body will
create ideal bat feeding habitats. The
Environment Agency stresses the importance of ongoing management and
supervision of these features.
·
Finally the Environment Agency recognises that development of this site
will result in a net loss of species rich habitat and therefore any detail
development scheme should address this loss and make measures to offset the
potential decline of nature conservation interest.
6.5
Drainage/Ecological Matters
From the above I am
satisfied that all issues referred to in the two previous reasons for refusal
have more than adequately been addressed by the submissions which have
accompanied the application, and because of this it would be unsustainable to
continue to refuse this proposal on those issues.
6.6
Highway Issues
Whilst the applicants
were obviously disappointed that their application was not determined in July
2005 they clearly recognise the importance of establishing once and for all
that the access of Woodland View onto Ashey Road was capable of servicing the
development of this allocated land and that the visibility standards were
within the recognised parameters contained within the various advisory
documents. The summary of the applicants’ consultants report indicates that
appropriate procedures were undertaken with that report concluding as follows:
·
The speed of traffic in Ashey Road has reduced by around 10% since the
1998 ATC survey probably as a result of the Pelican crossing and pinch points
being installed.
·
Very little if any queuing will occur as a result of the development,
even when general traffic growth is taken into account.
·
There is no evidence that any accidents have been associated with the
junction to date and no Reason to suppose that the proposed development would
materially worsen that situation.
·
The existing visibility splays have been shown to be adequate for the
measured traffic speeds in Ashey Road.
·
In the light of these factors there is nothing (either in basic design
principles or in the observed situation to suggest that any undue traffic
hazard would result from approving the current application.
Given that your highway
engineers are both in agreement with the methodology used in the production of
this report and more significantly its conclusions your officers can do no more
than concur and reiterate the view that despite the level of concerns by local
residents in respect of this issue it would be very difficult indeed to justify
refusal of this application on the grounds of inadequacy of the junction of
Woodland View with Ashey Road as an appropriate access to serve this site. This
is particularly the case given that it was not cited as a Reason for refusal in
respect of the December 2002 decision were the Council to go down this line
then the applicants would almost certainly appeal such a decision. Members are reminded that the previous
appeal in respect of the modest 16 units now currently under construction
resulted in the appeal being allowed and costs against the planning authority.
Members are also reminded
that there are comparative examples of single access developments serving a
substantial number of dwellings 250+ throughout the Island as follows:
·
Merrie Gardens/Whitecross Lane junction - Lake
·
Carter Avenue/Brooks Road junction – Shanklin
·
Arthur Moody Drive – Forest Hills – Broadwood Lane/Gunville Road
junction, Newport
All these are examples of
single access developments which do not appear to have caused any major
problems in terms of traffic movements. However, national guidance is that only
300 units should be served off a single access and it would be for the
applicants to show why they consider that a greater number could be constructed
and still retain a safe means of access into and out of the site. Given that the
access already serves 45 existing and proposed units this suggests that a
highway “cap” of 255 units on the applications site would be inappropriate.
6.6.1 Your officers’ attention has been drawn to
local residents being advised that consideration is being given to the
provision of a second access being provided onto Ashey Road further to the
north.
It is important to stress that no
planning application has been received for such an access and even had one been
received no weight could be given it in the determination of the current
application. This application has to be considered on its individual merits and
must be determined on the basis of the information that has been provided, not
on speculation or “what if?”
Unless there are fundamental issues
identifying that this site cannot be served off a single point of access, with
those issues representing sound Reasons for refusal, then the possibility of
provision of a second access should not be a material consideration. Clearly
given the thorough assessment of the access of Woodland View onto Ashey Road
there are no such fundamental issues and therefore Members are strongly advised
not to give any weight to this potential proposal for a second access.
6.7
106 Agreement Issues
Members are advised that officers have been negotiating regarding Section 106 benefits which can be reasonnably achieved from development of this site. Heads of terms have been discussed and draft agreements have been exchanged. Members are also advised that the various departmental recipients of contribution have been involved. As with most negotiations, it has not been possible to achieve all the levels of benefits desired to assist in funding specific projects. Account has always to be taken of any exceptional development costs which are necessary in order to enable a viable development to take place and in this case there is the significant cost of the foul sewer (in excess of £800,000) is such a cost factor. That however is neither a reason to grant or withhold permission or to accept sub-optimal contributions to public realm requirements. This is a matter for the applicants to consider in determining the financial viability of their proposal.
6.8 The contribution figures, which are considered to be reasonable in this case, are as follows:
· Education
Following consultation with the Council’s Education Officer a sum of £231,000 has been negotiated which is based on a density development of 30 units per hectare and the requirement of £1,650 per unit.
· Village Green Contribution
A contribution of £30,000 towards the maintenance of the adjoining village green abutting the southern boundary.
· Open Space Maintenance contribution of £28,000 based on a 0.3 hectare open space provision on site.
· Highway and Community contributions
A total of £80,000 which is envisaged to assist in funding householder access to local facilities, provision of off-site play equipment, footway and cycleway improvements providing linkages to public play areas and contributing to safe routes to school schemes.
· The resultant total figure is £369,000 which would be in the form of phased payments.
6.9 Affordable Housing
· Members will note that under Supplementary Planning Guidance affordable housing provision has increased from 20% to 30%. However as this application was received prior to the production of that Supplementary Planning Guidance it was considered unreasonable to seek the full 30%. In discussions with the applicant a compromise has been reached whereby provision of affordable housing will be at 25%, with that percentage being broken down to 20% rented accommodation and 5% shared ownership. Therefore included in the 106 Agreement will be a requirement to provide this level of affordable housing in conjunction with a registered social landlord (Housing Association) with the method of provision being either to sell to a registered social landlord or to transfer land at nil cost to a registered social landlord. Such affordable housing will be provided in phases to link in with any overall phasing of development on the site.
· In terms of the number of affordable housing units which is likely to be generated, it is difficult to give an exact number. However if the site was developed at an average density of 40 units per hectare then the likely resultant affordable housing provision would be in the region of 40+ units. It is important to appreciate that this is an approximate figure.
· Other Issues which are likely to be included in the legal agreement would be the need to ensure a management company is set up to ensure the future management of maintenance of the attenuation ponds. This is considered essential as recent experience suggests that whilst the Environment Agency encourages the introduction of such ponds they are not prepared to adopt them. More significantly, the Council’s view on this matter is that they have reservations regarding adoption, maintenance and upkeep, and would be likely to be placing either a high contribution figure if they are persuaded to adopt. Therefore the most logical step would be for an appropriate management company experienced in maintaining such features to be appointed and, more significantly, funded by any developer, with residents being brought on board to ensure the maintenance of these drainage features.
· In summary, it is considered that the benefits and contributions which have been negotiated have been set at a level which takes due account of the circumstances of the site, with particular reference to the cost factor in providing the foul sewer. Whilst obviously the foul sewer will enable the site to be serviced, it will also be likely to make available foul sewage capacity to any brownfield sites within close proximity to it, thus enabling those sites to be brought forward.
· Secondly, Members are advised that the monies received from the adjoining developments have been spent either on the traffic calming in Ashey Road and providing improvements to communal facilities within the area, with reference to the communal facilities provided by the local schools. It is important to appreciate that all monies received from a development have to satisfy the test of being reasonable and related to the development, and therefore need to be spent locally on targeted projects. Secondly, although the sums are not great from an individual point of view they may enable match funding to be obtained through other sources.
· Other Issues
Whilst continuing to remind Members that the test in respect of this application is whether or not the applicants have satisfactorily addressed the previous reasons for refusal, in view of the number of objections which have been received reflecting a high level of concern regarding this site, then I consider it is appropriate to address the issues raised.
· Policy Position
This is a site allocated for residential development within the statutory Unitary Development Plan, and indeed a major part of the site was allocated as such within the previous North East Wight Local Plan. Therefore the principle of its development is accepted, and Members are reminded that under the Planning Act all applications should be determined on the basis of statutory policies unless other material considerations suggest otherwise. The fact that the site is now coming forward results in the need to apply current National and Local Plan policies to its development.
· Whilst this is a greenfield site its status as allocated land within the development envelope makes it appropriate for it to come forward at this time to meet housing requirements as set out in the Unitary Development Plan and, more importantly, as identified in the Urban Capacity Study. This study identifies the need for both identified brownfield and greenfield sites and windfall sites to come forward in order for housing requirements to be met. Supplementary Planning Guidance on phasing in respect of release of greenfield sites anticipated that this site would have been brought forward earlier.
· Given the major status of this site it is accepted that the rate of release should be controlled, and in any event a site of this size is likely to be developed out over a number of years. The Urban Capacity Study and Phasing Report would allow major sites to “trickle feed” new housing into the marketplace as opposed to one site being dependent on another site being built out. This should also sustain competition between housing developers and impact on house prices.
· In view of this and on the assumption Members are mindful to approve the application, a suggested condition will be applied requiring both a master plan and phasing programme to be submitted in order to enable the Planning Authority to exercise appropriate controls. Finally, because of the sheer size of the site it affords the ideal opportunity to provide a significant level of affordable housing for which there is a clear and recognised demand, with that demand being difficult to satisfy through the development of the much smaller brownfield sites which in many cases don’t generate any affordable housing whatever.
6.10 Density/Access
· While siting and therefore density is not a matter for Members to determine at this stage, consideration has to be given to whether or not controls need to be put in place to limit numbers of units on this site. If a density limit condition is to be applied it needs to be justified, and the one issue which is the determining factor in this case is the capacity of the junction of Woodland View with Ashey Road in terms of traffic movement.
· Design Bulletin 32 in theory accepts up to 300 dwellings off one access providing there is an internal loop arrangement within the internal road layout. Highway Engineer has in the past considered that this number could be deemed to be excessive, and in any event that number would need to include the existing development, both completed and about to commence abutting the south west (43 units) and would also need to take into account future development on the remaining allocated land which abuts the western boundary.
· Therefore whilst I would not normally advocate placing a density limit condition, in view of the circumstances of the single access and following the density parameters set at in PPG3 it is considered it could be justified in this case. The maximum density figure of 42 units per hectare would result in an approximate overall density, including undeveloped allocated land and the existing developments, of 275 units. Members are advised that the site area identified includes the highway access which could not reasonably be included in an overall density calculation, and hence the application site should be conditioned to a maximum of 230 units which is consistent with PPG3.
· This density limitation would also need to be supported by a further condition relating to the internal road layout being in the form of a circuit, with there being the shortest practical connection between this circuit and the point of access.
6.11 Slope Stability and Geotechnics
Whilst the application has not been accompanied by up-to-date information relating to ground conditions, the information that is available is sufficient for this issue to have been adequately addressed. Ground stability is a material consideration, with the test being whether or not the site is capable of supporting the development proposed. In this case the ground conditions will need to be taken into account when designing the foundation details, for those ground conditions vary even within the site. I am satisfied that this is essentially a Building Control matter, with the Building Regulations providing the legislation to control this issue. The Building Control Officer recognised that the site’s subsoil is likely to make it unsuitable for soakaways and that strip foundations are likely to be unsuitable where clay subsoil exists and high water demand from trees is present. I consider an advisory letter attached to any approval pointing out the need to consider this issue of foundation design would be sufficient to cover this matter.
6.12 Open Space
Open space provision has been the subject of negotiation with the fact that the site abuts the substantial area of village green to the south playing an important role. Part of the monies being raised through the Section 106 Agreement are aimed at future maintenance of that village green, for clearly residents of this development will put greater pressures on the village green and will use it as a valuable facility. On site open space provision has therefore been agreed at 0.3 hectares (0.75 of an acre) and it is suggested that this space should be provided to the north of the site, the greatest distance from the village green. Added to this will be a requirement to provide at least two small children’s play space areas to be suitable located and planned into the overall design of the layout. This calculation excludes the two attenuation ponds and the inevitable space around those ponds.
7.
Conclusion and Justification for Recommendation
7.1 The length of this report indicated the complexity of the issues which have been involved in assessing the merits of this outline application for residential development. The application provides an opportunity to put in place all the controlling mechanisms which will dictate and inform any future urban designer as to what are the constraints and opportunities of the site. The conditions which are suggested to be attached are of particular importance, as is the Section 106 Agreement. I consider that appropriate weight to all material considerations referred to in the Report has been given and that the site is appropriate for residential development subject to the controls being suggested, and therefore approval is recommended.
7.2 Members will appreciate the level of
investigation which has taken place both by the applicants and your officers to
ensure the access concerns of local residents have been given the due weight
they deserve. Whilst it is appreciated that despite the additional evidence
which has been submitted these concerns will remain. Your officers however can
do no more than concur with the positive advice of the highways engineers in
respect of this issue.
7.3 Should Members be minded to approve this application then it will have to be referred to GOSE (Government Office South East) under the Town and Country Planning (Residential Development on Greenfield Land) (England) Directions 2000. This is required to enable the Secretary of State to ensure that the national policies are being complied with, with particular reference to those policies within PPG3 – Housing.
8.
Recommendation
Approval subject to the completion of a Section 106 Agreement covering the following:
· Provision of 25% affordable housing (20% rented, 5% shared ownership) to be transferred to a registered social landlord.
· An education contribution of £232,000.
· Highway, community, open space maintenance, and village green contribution £138,000.
· Setting up of a registered management company to adopt and maintain the two balancing ponds and retained ditches.
(Subject to reference to GOSE under the Town and Country Planning (Residential Development on Greenfield Land) (England) Directions 2000.) (Site likely to generate in excess of 150 units.)
Conditions/Reasons:
1 |
The development hereby permitted
shall be begun either before the expiration of 5 years from the date of this
permission, or before the expiration of 2 years from the date of approval of
the last of the reserved matters to be approved, whichever is the later. Reason:
To comply with Section 92 of the Town and Country Planning Act 1990. |
2 |
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 permission. Reason: To comply with Section 92 of the
Town and Country Planning Act 1990. |
3 |
Approval of the details of the
siting, design and external appearance of the building(s), the means of
access thereto and the landscaping of the site (hereinafter called "the
reserved matters") shall be obtained from the Local Planning Authority
in writing before any development is commenced. Reason:
In order to secure a satisfactory development and be in accordance
with policies S6 (Standards of Design), D1 (Standards of Design), D2
(Standards of Development Within the Site), D3 (Landscaping), TR7 (Highway
Consideration for New Development) of the IW Unitary Development Plan. |
4 |
No development shall take place
until an overall master plan has been submitted for the site indicating the
following: internal road layout which shall
accord with the advice contained in Design Bulletin 32 and places streets and
movement; location of on site open space area/areas
min. 0.3 ha; location of minimum 2 no.
children's play areas; footpath/cycleway links to Weeks
Road in the north eastern corner and footpath link to the south eastern
corner providing links to Weeks Road and the adjoining village green; retention of ditches/boundary
hedgerows/trees. Such master plan shall be approved
in writing and no work shall commence until such approval has been granted. Reason:
To ensure the development is carried out in accordance with an overall
design strategy in accordance with policy G4 (General Locational Criteria for
Development) and D2 (Standards for Development within the Site) of the IW
Unitary Development Plan. |
5 |
The sequence of operations during
the implementation of the permission hereby granted shall be as may be
approved by the Local Planning Authority and a phasing programme shall be
submitted to the Local Planning Authority for approval before any operations
are commenced, and none of the operations hereby approved shall be commenced
in advance of any such further approval. Reason:
To ensure the development is carried out in a properly phased manner
in compliance with policy G4 (General Locational Criteria for Development)
and D2 (Standards for Development within the Site) of the IW Unitary
Development Plan. |
6 |
The submitted scheme shall ensure
retention of all natural features including retention of all boundary
hedgerows, trees, grassland (within on site open space) and drainage ditches. Reason:
In order to integrate the new development with the surrounding
countryside in accordance with policies D1 (Standards of Design) and D2
(Standards for Development within the Site) of the IW Unitary Development
Plan. |
7 |
Any development on site shall
accord with the recommendations contained within the Ecological Report (WSP
Developments Limited dated July 2004 ref: 12070592). Reason:
To minimise any adverse impact on the development of the adjoining
SINC (Swanmore Meadows) and river corridor and to compensate for the net loss
of species rich grassland under the built footprint in compliance with
policies C11 (Sites of Local Importance for Nature Conservation) of the IW
Unitary Development Plan. |
8 |
Prior to occupation of any
dwellings on this site provision shall be made for interpretation signs
highlighting the importance of the adjoining SINC and the formalisation of
entrances to the SINC long term management proposals shall also be submitted
outlining how the integrity of the SINC shall be maintained further to cater
for increased visitor pressure. Reason:
To minimise any adverse impact of the development on the adjoining
SINC (Swanmore Meadows) in compliance with policy C11 (Site of Local
Importance for Nature Conservation) of the IW Unitary Development Plan. |
9 |
Any submitted detail layout shall
ensure integration of the proposed balancing ponds as a feature of the
development and shall indicate how the design will encourage local wildlife. Reason:
In order to integrate new development with the surrounding countryside
in compliance with policy C1 (Protection of Landscape Character) of the IW
Unitary Development Plan. |
10 |
No dwelling shall be occupied
until a scheme has been submitted to and approved by the Local Planning
Authority indicating measures to deter littering and tipping on the
boundaries of the adjoining SINC.
Such measures shall be retained and maintained thereafter. Reason:
To minimise any adverse impact of the development on the adjoining
SINC in compliance with policy C11 (Sites of Local Importance for Nature
Conservation) of the IW Unitary Development Plan. |
11 |
No site clearance shall take place
during the bird breeding season between March and July. Reason:
In compliance with policy C1 (Protection of the Landscape Character)
of the IW Unitary Development Plan. |
12 |
All material 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 material shall be removed from the site as may be agreed in
writing by the Local Planning Authority. Reason:
In the interests of the amenities of the area in general and adjoining
residential property in particular.
In compliance with policies G4 (General Locational Criteria), D2 (Standards
of Development within the Site) of the IW Unitary Development Plan. |
13 |
No development shall take place
until detailed calculations have been submitted to and agreed with the Local
Planning Authority indicating the details of the foul water discharge
rate. No dwelling shall be occupied
until the new foul sewer has been constructed and is operational in
accordance with the details contained in WSP Developments Ltd Drainage
Statement, Project Ref: 11010174 dated December 2003. Reason:
To ensure adequate system of foul water drainage is provided for the
development in compliance with policy U11 (Infrastructure and Services
Provision) of the IW Unitary Development Plan. |
14 |
No development shall take place
until exact surface water discharge flows and cubic capacity of the two
balancing ponds have been calculated and submitted to and agreed with the
Local Planning Authority. No dwelling
shall be occupied until the balancing ponds in the south eastern and north
eastern corners of the site have been constructed and are operational to
service the surface water discharge from the site. Such balancing ponds and surface water drainage system shall be
retained and maintained thereafter. Reason:
To ensure an adequate system of surface water drainage is provided for
the development in compliance with Policy U11 (Infrastructure and Services
Provision) of the IW Unitary Development Plan. |
15 |
None of the existing retained
ditches on the site shall be culverted. Reason:
In the interests of nature conservation in compliance with policy C1
(Protection of the Landscape Character) of the IW Unitary Development Plan. |
16 |
In this condition "retained
hedge or hedgerow" means an existing hedge or hedgerow which is to be
retained in accordance with the approved plans and particulars. No retained hedge or hedgerow
shall be cut down, uprooted or destroyed, nor shall any retained hedge or
hedgerow be reduced in height other than in accordance with the approved
plans and particulars, without the written approval of the Local Planning Authority. If within a period of 5 years from
the completion of the development the whole or any part of any retained hedge
or hedgerow is removed, uprooted, is destroyed or dies, another hedge or
hedgerow shall be planted at the same place and that hedge or hedgerow shall
be of such size and species, and shall be planted at such time, as may be
specified in writing by the Local Planning Authority. The erection of fencing for the
protection of any retained hedge or hedgerow shall be undertaken in
accordance with the approved plans and particulars before any equipment,
machinery or materials are brought onto the site for the purposes of the
development, and shall be maintained until all equipment, machinery and
surplus materials have been removed from the site. Nothing shall be stored or placed in any fenced area in
accordance with this condition and the ground levels within those areas shall
not be altered nor shall any excavation be made or fire be lit, without the
written consent of the Local Planning Authority. Reason:
To ensure the continuity of amenity afforded by existing hedges or
hedgerows and to comply with policy D1 (Standards of Design) of the IW
Unitary Development Plan. |
17 |
No vehicular or pedestrian access
shall be made directly from any individual dwelling to Weeks Road, the only
access being public footpath or cycleway, as referred to in condition 4. Reason:
In order to protect and control access to public right of way in
compliance with policy TR17 (Public Rights of Way) of the IW Unitary Development
Plan. |
18 |
No development shall take place
until there have been submitted to and approved in writing by the Local
Planning Authority: A plan showing the location of,
and allocating a reference number to, each existing tree on the site which has
a stem with a diameter, measured over the bark at a point 1.5 metres above
ground level, exceeding 75mm, showing the species, girth or stem diameter,
height, crown spread, state of health and stability of each tree, together
with details of those trees that are to be retained and details of any
proposed topping or lopping; Details of any proposed topping or
lopping of any tree on land adjacent to the site; A plan showing existing ground
levels and details of any proposed alterations thereto and of any proposed
excavations; A plan showing the location,
spread, height, species and state of health of all existing hedgerows, hedges
and other areas of vegetation on the site, together with details of those
that are to be retained and details of any that are proposed to be cut back
or removed, wholly or partially; A plan showing the location,
levels and dimensions of all existing watercourses, drainage channels and
other aquatic features on the site, together with details of those that are
to be retained and details of any works proposed thereto; Details of all existing boundary
features and means of enclosure at the site, together with details of those
that are to be retained and details of any works proposed thereto; Details of the specification,
position and programme of implementation of any measures to be taken before
or during the course of development for the protection from damage of
anything to be retained; The erection of fencing for the
protection of anything to be retained shall be maintained until all
equipment, machinery and surplus materials have been removed from the
site. Nothing shall be stored or
placed in any area fenced in accordance with this condition and 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. Development shall be carried out
in accordance with the plans, particulars and details approved pursuant to
this condition. Reason:
To allow the proper consideration of the impact of the proposed
development on the amenity value of the existing site and to comply with
policy D3 (Landscaping) of the IW Unitary Development Plan. |
19 |
No retained boundary hedgerow or
trees shall be indicated to be within privately owned domestic gardens and
shall be retained as a public amenity in accordance with a scheme to be
submitted to and agreed with the Local Planning Authority. Reason:
To ensure long term retention of these landscape features in the
interests of nature conservation in compliance with policy D3 (Landscaping)
of the IW Unitary Development Plan. |
20 |
Any proposed development layout
shall ensure a road access is provided to the site's western boundary in a
location to be agreed and to a standard equivalent to that required for
adoption by the Highway Authority. Reason:
In the interests of future planning of the adjoining allocated land
which abuts the western boundary in compliance with policy H3 (Allocation of
Residential Development Sites) of the IW Unitary Development Plan. |
21 |
No development shall take place
until there has been submitted to and approved in writing by the Local
Planning Authority a plan indicating the positions, designs, materials and
type of boundary treatments to be erected.
Such plans shall include the provision of security fencing where the
development either abuts or is in close proximity to adjoining allotments in
the northern area of the site. The
boundary treatment shall be completed before the dwellings are occupied and
development shall be carried out in accordance with the approved details. Reason:
In the interests of maintaining the amenity value of the area in
compliance with policy D1 (Standards of Design) of the IW Unitary Development
Plan. |
22 |
The density of development on this
site shall not exceed 230 units and shall contain a variety of house sizes
and types. Reason:
In compliance with policy H2 (To ensure that large residential
developments contain a variety of house sizes and types) of the IW Unitary
Development Plan and to ensure development on this site will not exceed the
recommended density of development to be served off one access as advised in
Design Bulletin 32 and its companion guide Places, Streets and Movement. |
23 |
Overall parking provision on this
site shall ensure minimum 1 parking space per unit and shall not exceed an
average of 1.5 parking spaces per unit. Reason:
In compliance with policy TR16 (Parking Policies and Guidelines) of
the IW Unitary Development Plan and advice contained in PPG3 - Housing. |
24 |
No dwelling shall be occupied
until the parts of the service roads which provide access to it have been
constructed, surfaced and drained in accordance with [the approved
plans/details which have been submitted to and approved by the Local Planning
Authority]. Reason:
To ensure an adequate standard of highway and access for the proposed
dwellings and to comply with policy TR7 (Highway Considerations) of the IW
Unitary Development Plan. |
25 |
Development shall not begin until
details of the design, surfacing and construction of any new roads, footways,
accesses and car parking areas, together with details of the means of
disposal of surface water drainage therefrom have been submitted to and
approved in writing by the Local Planning Authority. Development shall be carried out in
accordance with the approved details. Reason:
To ensure an adequate standard of highway access and drainage for the
proposed dwellings and to comply with policy TR7 (Highway Considerations) of
the IW Unitary Development Plan. |
26 |
No construction traffic shall use
Rosemary Lane or Weeks Road other than vehicle movements directly associated
with work taking place within those highways. Reason:
In the interest of highway safety in compliance with policy TR7
(Highway Considerations for New Development) of the IW Unitary Development
Plan. |
27 |
No construction vehicle shall
enter the public highway unless their wheels and chassis have been cleaned to
prevent material being deposited on the highway. Reason:
In the interests of highway safety and to prevent mud and dust getting
on the highway. |
28 |
The surfaces of the existing site
road and access roads shall be maintained in good state of repair and kept
clean and free of mud and other debris at all times during construction works
and until completion of construction works. Reason:
In the interests of highway safety and safeguarding the local
environment. |
29 |
The developer shall afford access
at all reasonable times to any archaeologists nominated by the Local Planning
Authority and shall allow them to observe all groundwork and to record
[items/features] of archaeological significance and finds. Notification of the opening up and
information as to whom the archaeologist should contact on site shall be
given in writing to the address below (or to any alternative address notified
to the developer by the Local Planning Authority) not less than 14 days
before the commencement of any work: County Archaeologist County Archaeological Centre 61 Clatterford Road Carisbrooke Newport Isle of Wight PO30 1NZ Reason:
In order to ensure access by specified archaeologists during the
permitted operations and to comply with policies B9 (Protection of
Archaeological Heritage) and B10 (Parks and Gardens and Landscapes of
Historic Interest) of the IW Unitary Development Plan. |
02 & 02A |
Reference Number: P/01728/05 - TCP/27277/A and
P/01729/05 - CAC/27277 Parish/Name: Ryde
- Ward/Name: Ryde North East Registration Date:
05/09/2005 - Full Planning Permission Officer: Hayley
Ellison on Bennett urban planning for Mr P Salmon, Development Team Manager Tel: (01983) 823552
Applicant: Isle of
Wight Council Demolition of buildings in connection with the development
of a new transport interchange including associated canopies, ancillary
facilities, a restaurant and railway footbridge Transport Interchange, Esplanade, Ryde, PO33 Plus Conservation Area Consent for demolition of buildings in
connection with the development of a new transport interchange and associated
canopies, ancillary facilities, a restaurant and railway footbridge Transport Interchange, Esplanade, Ryde, PO33 These applications are recommended for Conditional
Permission and Conservation Area Consent |
REASON FOR COMMITTEE CONSIDERATION
This is a major application of
significant Islandwide importance.
This report to the Development
Control Sub-Committee has been prepared by consultants from bennett urban
planning, which is the specialist planning and urban design division of tp
bennett. The Council engaged bennett urban planning, following a
competitive tender process, to provide independent planning and urban design
advice in respect of the planning and conservation area applications submitted
for the proposed Ryde public transport interchange.
1.
Details of the Application
1.1 The proposals seek
permission for the erection of buildings and facilities to provide a new full
transport interchange at Ryde. The proposed facilities include provision of
separate zones for bus, taxi and car set down/pick up. The proposed interchange
buildings would provide a waiting area with views between the railway platform
entrance, bus stops, ticketing facilities and pier entrance. The proposed
scheme also includes provision of canopies over the pavement to provide shelter
and incorporates a café, a newsagent and toilet facilities. Tourist Information
is also proposed within the interchange building.
1.2 The existing pedestrian
bridge over the railway line would be removed and replaced with a new bridge
that would be fully accessible. The pedestrian bridge would link the
interchange with the Hoverspeed terminal, the coastal path and the adjacent
leisure facilities and car park.
1.3 The scheme includes
proposals for a restaurant at first floor level on the northern side of the
railway platforms, adjacent to the Hoverspeed terminal. While this aspect of
the scheme is not included in the funding budget at this stage, the restaurant
use is proposed as part of this planning application.
1.4 While the application
drawings illustrate alterations to the road layout, the works to the highway do
not form part of the planning application. In this regard, all the road works
connected with the interchange proposals fall under general highways improvements
and can be undertaken without the need for planning permission in accordance
with the Highways Act 1980.
2.
Location and Site Characteristics
2.1 The site is situated to
the north of Ryde town centre, immediately adjacent to the Esplanade. The site
is located on reclaimed ground where the 19th Century grade II
listed Pier meets the Esplanade. To the west the site is bound by Western
Gardens and Ryde West Sands and to the east by Dover Street roundabout. To the
north-east, there is a substantial area of reclaimed land which accommodates
the 1980s leisure complex and Hovercraft terminal. The site overlooks the
Solent and provides a ‘gateway’ for people arriving on the Isle of Wight at
Ryde.
2.2 The nature of the
topography means that the immediate environment is dominated by the town rising
behind the Esplanade. The surrounding townscape varies in scale, prominence and
quality, including the fine Prince Consort building and a number of elegant
Regency residential villas. While there are a number of attractive buildings
along the Esplanade, the existing rail, ferry and bus facilities have limited
architectural merit or amenity value.
2.3 The application site is
approximately 183 metres in length by 47 metres at its widest point and broadly
curves alongside the railway lines to the north-east (as shown on the Site
Location Plan ref: A-101 rev A). The site area is approximately 0.33 hectare.
2.4 The site is situated
within the Ryde Esplanade and Pier (Seafront) Townscape Character Area within
the Ryde Conservation Area and is opposite the listed buildings along the
Esplanade. The Grade II Listed pier extends northward of the site. The
foreshore and beach are designated as Ryde Sands and Wootton Creek Site of
Special Scientific Interest (SSSI) and several parts of Sites of Importance for
Nature Conservation (SINC) border the seafront.
3.
Relevant History
3.1 The existing buildings
which provide transport interchange facilities were established following the
nationalisation of the railways in 1948. Works were undertaken so that the area
previously occupied by the pavilion gates to the pier was filled in and
converted for station use. As a result, an extensive flat, asphalt roof was
constructed. It is considered likely that following the closure of the tramway
in 1969, the original canopy on the northern platform was removed and the down
platform and line were taken out of service. The introduction of bus facilities
in the 1970s resulted in the demolition of the original parcel office and the
Victorian frontage. The existing buildings are the result of a century of
alterations, expansion and development.
3.2 There is no relevant
planning history relating to this site.
4.
Development Plan Policy
4.1 The following policy
documents are considered relevant in determination of the planning application:
-
·
Unitary Development Plan (Adopted May 2001)
·
Ryde Public Realm Strategy (December 2004)
·
Ryde Transport Strategy – Baseline Report (February 2003)
·
Local Transport Plan, 2001 – 2006
·
Provisional Local Transport Plan, 2006 – 2011
4.2 The Esplanade Interchange
is identified in the Ryde Transport Strategy as having a poor visual
appearance, which gives an adverse perception of the services on offer and do
not form an attractive ‘gateway’ to Ryde for tourists and visitors. The
Strategy also cites vehicular traffic dominance of the main pedestrian route
between the interchange and the town centre as a problem with the current
arrangements. Within the Isle of Wight Provisional Local Transport Plan (2006 –
2011) a proposed new interchange at Ryde is cited as an infrastructure
improvement which will contribute to the regeneration of Ryde.
4.3 Relevant strategic
planning policies within the Unitary Development Plan (UDP) include: -
·
S5 – Proposals for development which on balance (bearing in mind all the
Part II policies), will be for the overall benefit of the Island, by enhancing
the economic, social or environmental position will be approved, provided any
adverse impacts can be ameliorated.
·
S6 – All development will be expected to be of a high standard of
design.
·
S10 – In areas of designated or defined scientific, nature conservation,
archaeological, historic or landscape value, development will be permitted only
if it will conserve or enhance the features of special character of these
areas.
·
S11 – Land use policies and proposals to reduce the impact of and
reliance on the private car will be adopted and the Council will aim to
encourage the development of an effective, efficient and integrated transport
network.
4.4 Other local planning
policies considered relevant to the consideration of this proposal include: -
·
G4 – General locational criteria for development
·
G6 – Development in areas liable to flooding
·
D1 – Standards of design
·
D2 – Standards for development within the site
·
D3 – Landscaping
·
D10 – Street furniture
·
D11 – Crime and design
·
D12 – Access for people with disabilities to buildings open to the
public
·
D13 – Energy conservation
·
D14 – Light spillage
·
B2 – Setting of listed buildings
·
B6 – Protection and enhancement of conservation areas
·
B7 – Demolition of non-listed buildings in conservation areas
·
T7 – Sites suitable for tourism related development
·
C12 – Development affecting trees and woodlands
·
TR1 – Integrated transport network
·
TR6 – Cycling and walking
·
TR7 – Highways considerations for new development
·
TR8 – The environmental impact of new infrastructure schemes
·
TR9 – To encourage the provision of improve transport facilities
·
TR10 – Cross-Solent ferry links
·
U3 – Appropriate location of facilities and the promotion of sharing and
dual use
·
U4 – To provide additional capacity for the needs of the tourist
population
4.5 The draft Ryde Public
Realm Strategy provides a framework for the town as a whole, including the
distinct urban quarters within the town centre and the Esplanade. The Strategy
identifies that the Esplanade does not relate well to Ryde town centre,
principally in terms of access and connections to and from the Ryde
Interchange. Additional east-west access along the Esplanade is not direct and
is impeded by the disjointed nature of the waterfront route. The Public Realm
Strategy provides detailed design considerations which should be considered in
assessing this planning application.
5.
Consultation and Third Party Comments
5.1 The proposals for
redevelopment of the Ryde transport interchange facilities have been developed
from a design competition over a period of approximately 12 months. The brief
for that competition set out that the key aim of the design was to:
“create an attractive but functional
transport facility to promote public transport use, as part of the Local
Transport Plan objectives of traffic reduction and increased use of sustainable
transport.”
5.2 During the development of
the proposals the applicant has held two public exhibitions in Ryde (April and
June 2005) and engaged stakeholders, including landowners, statutory bodies,
local businesses and community groups, in pre-application consultation.
5.3 Those comments received
in response to the Council’s statutory consultation regarding the planning
application are summarised below.
5.4 Internal Consultees
·
Conservation Officer – supports the principle of the development and
considers that the proposed structures are stunning despite being in total
contrast to the existing area. Some concern is raised with regard to the
proposed lighting and it is suggested that contextual illustrations are
provided. Concern is also raised with regard to the dominance of traffic
adjacent to a number of listed buildings. Implementation of the proposed scheme
is likely to be expensive and it is considered that high quality buildings are
required to make the scheme successful.
·
Tree Officer – two factors for consideration are the loss of trees and
protection of trees during construction. The loss of a London plane tree and
the tulip tree is regrettable and proposed new tree planting should provide
appropriate species and sized trees to mitigate the loss of amenity. It is
important that trees to be retained are correctly protected during the
development, in accordance with BS standards. If replanting is carried out
correctly, with species that would compensate the loss of those trees to be
removed, and correct protection of the trees to be retained is used, then the
trees would become an asset that would complement the development.
·
Highways Officer – has suggested conditions to be attached to any
planning permission granted.
5.5 External Consultees
·
Andrew Turner (MP) has responded stating that while he accepts the need
for a new building he is concerned that the design does not represent the
Island’s (or Ryde’s) way of life and would be detrimental to the character of
the Esplanade; causing light pollution, obscuring views of the sea fro George
Street, and obstructing views of buildings in the conservation area from the
sea. The MP notes in his response that the committee may take the view that the
replacement of the existing tired and worn out building outweighs his
objections. In addition to comments relating to the proposed design, Mr Turner
has raised concern that the development may make it more difficult to cross
from Union Street to the pier and reduce the area of recreation space in the
Western Gardens. In this regard, a
planning condition is suggested requiring replacement of recreation space
elsewhere on the Esplanade – perhaps by reducing the dual carriageway and
creating a pedestrian or grassed avenue in the freed space between the
interchange and Pier Road.
·
English Heritage (EH) has responded to confirm that, for the most part, they
welcome the imaginative proposals that seek to address this key gateway to
Ryde. This is supported by their view that it is appropriate for any
replacement for the existing buildings to be of contemporary design and not a
pastiche. Having said that, EH has raised concern with some aspects of the
proposals. EH consider that the proposals and associated public realm in its
current form retains mistakes of the past, creating an overly engineered
barrier to pedestrian movement and active use as a public space. In detail, EH
is concerned that the proposals should form part of an overall master plan for
the Esplanade and surrounding area. While EH consider that the proposed
building could sit within the seafront in a manner that generally enhances the
surroundings, concern is raised with regard to the height of the building and
its impact on the layers of rising townscape. EH has raised concern that the
eastern most part of the building should terminate more firmly, possibly in a
rotunda/pavilion form. Also that the canopy on the island between the main
building and the Esplanade does not relate to the new building or the Esplanade
buildings resulting in the roof of the whole scheme reading as one larger mass,
which they consider to be unacceptable. EH has also noted reservations with
regard to the lighting scheme. In terms of the detail of the transport
interchange, EH have suggested that slower traffic speed is required and less
segregation between traffic and pedestrians, possibly a shared surface from
Union Street to the George Street junction from the Esplanade across to the
main concourse building. Other comments are made in relation to the highways
works, which do not form part of this planning application. In conclusion, EH,
welcome the proposals in principle, but are concerned that they do not provide
substantial changes for the better if based on a new building.
·
The South East Regional Design Panel (SERDP) met to consider the
proposals at a pre-application stage and to review the design process. The
overall view of the Panel was support for to the proposals, which they
considered would enhance the Island’s image. The Panel supported the process,
which included a design competition, and considered that the result of the
competition had the potential to provide a practical, attractive building which
should complement the historic seafront. The Panel agreed that the proposed
building would stand out due to its form and materials, but, as a public
building at an important interchange, it is correct that it does. Having said
that, the Panel also commented that its relatively flat form is respectful of
the layers of buildings that lie in its background when seen from the pier. The
Panel raised some concern about the impact of the proposed roundabout at the
end of Union Street on both visual and physical linkages and that the
improvements to the public realm would halt abruptly at the site boundaries.
·
Network Rail (which owns the existing rail station building) fully
support the application which they consider will provide a striking interchange
which would set high standards for future interchange proposals throughout the
country. Network Rail considers that the proposal would fulfill the functions
of an interchange, both in terms of providing modern facilities for passengers
but also as an iconic gateway location.
·
The Environment Agency (EA) initially raised objections to the proposals; however,
following discussions regarding the details submitted with the application the
Agency have withdrawn their objection and has confirmed in writing that they
have no objection in principle to the proposal. The Agency has suggested
conditions relating to the method of piling and a pollution prevention method
statement be attached to any planning permission granted.
·
English Nature (EN) consider that the scheme is unlikely to have a
significant impact on the interest features of the SPA/Ramsar site and
therefore does not require appropriate assessment in accordance with Regulation
48 of the Conservation (Natural Habitats) Regulations 1994. In addition, English Nature do not consider
that the wider conservation interests of the SSSI would be affected, and
therefore, they have no objection to the proposals. English Nature are seeking
that a condition relating to the detailed lighting scheme be required if
permission is granted.
·
CABE – no comment.
·
Ryde Development Trust supports the scheme and consider that it is in accordance
with policies T7, TR1, TR9 and TR10 of the Unitary Development Plan and the
Ryde Public Realm Strategy. The Trust supports the consultation work undertaken
in establishing the proposals. The Trust
considers that the proposals would provide a quality facility which would
enable travellers to and from the Island to move between modes of transport
with ease, creating new facilities for pedestrian and cyclists, and ensuring
people with mobility problems can gain access to all of the facilities within
the proposed landmark building, which would upgrade this area of Ryde seafront.
·
WightTrack (rail users group) support the redevelopment, which they
consider would transform the currently shambolic, uninviting site into a modern
‘gateway’ facility that the Island needs.
·
Island Watch object to the design of the proposed development stating
that, while they do not want a Victorian pastiche, they want good quality
design which respects the surrounding area and will not look dated in a few
years.
·
Stagecoach (Island Line) supports the proposals and considers that the
current buildings are inadequate for the number of people using them.
Stagecoach considers that the proposed scheme would benefit Islanders and
visitors alike.
·
Quality Transport Partnership supports the proposals, which they
consider will encompass and enhance public transport facilities. They consider that the design of the
building promotes transport integration by providing ease of transfer between
modes, increasing facilities for pedestrian, cyclists and ensuring access for
people with mobility difficulties.
·
Isle of Wight Community Rail Partnership support the application which they
consider will assist economic growth through improvements to sustainable
tourism.
·
The Royal Navy have confirmed that the proposed scheme does not
affect navigational safety and they have no objection to the proposals.
·
IW Bus Users Group supports the application and consultation process.
·
Wight Link have responded with comments relating to land ownership and
highways works which are not related to the planning. Wightlink note that a new
switch room for power supply would be required.
·
Hovertravel initially raised concerns regarding the position of the
proposed ramp on the northern side of the railway tracks, which they considered
may impede access to their land and the hovercraft operating area. Following
correspondence between the applicant and Hovertravel, it has been agreed that
there is sufficient space to alter the ramp alignment, if necessary, to ensure
there is adequate space to maintain operations as existing.
·
Isle of Wight Police have no objection to the proposals, but would like a
condition on any permission to ensure that the site is secure during demolition
and construction.
5.6 Third Party
Representations. A total of 55 third party responses have been received in
response to the Council’s public consultation of this application. 38 responses
raise objection to the proposed scheme and 17 letters have been received in
support. The comment are separated into objections and support and summarised
below.
5.7 Comments in objections to
the scheme: -
·
The proposed development would spoil the unique Victorian town and the
skyline of Ryde as you cross the Solent would be ruined.
·
The architecture of Ryde is dominated by straight lines, boldness and
squareness. The interchange buildings proposed, particularly the rooflines,
clash in concept with the existing facades along the Esplanade and up the
principal streets.
·
The scheme is architecturally inappropriate for this sensitive area.
·
The covered area will create untamed air currents and it should be
tested in a wind tunnel to prove its strength in high winds.
·
The proposals do not mention a taxi rank or any pick up/drop off zones
and pedestrians arriving by coach will have to walk approximately 150m with
limited protection.
·
The idea of a future restaurant is commendable, but the noise from the
hovercraft would not make it a place for relaxing, meeting friends or eating.
·
The proposed building is out of character/not in keeping with the
Conservation Area.
·
A precedent will be set to allow developers to knock down buildings and
replace them with trendy glass structures. An interchange is required, but not
in this building.
·
Object to the demolition and removal of the café and toilets at Western
Gardens.
·
The indication of a future phase on the north-east side of the station
would leave the development unresolved and unfinished until implemented.
·
Is the Civic space needed?
·
The assessment of pedestrian flows does not take into account movement
along the seafront.
·
Bus traffic would use a controlled junction, which is not as good as the
present slip road entry.
·
Ramp is too steep and results in the loss of motorcycle parking spaces.
·
The scheme is bigger and more complicated than it needs to be.
·
A retro Victorian look would be far more appealing.
·
The scheme will look out of date before it is finished.
·
The new interchange would be so brightly illuminated it would cause
light pollution.
·
A two-storey building will destroy the view from the various hotels,
shops and cafes.
·
Existing buildings should be preserved as they are part of the history
of Ryde.
·
More serious consideration should be given to alternatives which retain
and refurbish as much as possible of the existing architectural fabric.
·
An SEA has not been submitted with the application in accordance with EU
Directive 2001/42/EC.
·
The present café overlooks the Solent and the proposed café would be on
a traffic island – unacceptable.
·
The new building would rise over the first and in some case second floor
of the shops on the Esplanade.
·
The design statement makes unqualified assertions about future economic
well-being in the area.
·
The proposals do not preserve or enhance the character and appearance of
the conservation area in accordance with PPG15.
·
The Pier and the wider historic landscape and its views from the streets
as well as the sea must be unobscured.
·
Improvements to the seafront should blend in with the existing style and
materials.
·
New taxi rank would be situated immediately below people’s dwellings.
·
The height of the building would obliterate views across the Solent.
·
The application documentation is flawed and inaccurate and does not
provide sufficiently comprehensive material. Objection is raised to the
terminology used in the applicant’s design statement.
·
The proposed scheme does not increase the amount of integration and the
canopies are high so are not likely to protect people from wind and rain.
·
The area provides for bus to be parked so act as a bus garage rather
than a station and the current facilities could accommodate the number of
passengers if there weren’t so many buses parked.
·
The application does not address changes to noise levels – the building
would be closer to closer to existing buildings. An environmental assessment
should have been undertaken.
·
There is no health and safety assessment of the proposal – close
quarters of cyclists, buses and taxis should be examined in terms of safety.
·
Loss of views of the sea will impact on tourist enjoyment of the
seafront.
·
The enclosed concourse will be a magnet for groups of rowdy youths – all
fixtures and fittings would need to be vandal proof.
·
There seems to be no allocated seats by each bus stop and queues will
impede pedestrian movement.
·
The office of the bus facilitator is too far away from the buses, which
will cause delays. The layout is confusing for pedestrians and the pedestrian
crossing will delay bus movement.
·
There is no provision for coach loading or unloading adjacent to the
station and pier.
·
The space for 4 spare buses is poorly planned and is unsafe and the
layout of the taxi ranks is confusing for passengers.
·
There is no direct route for pedestrians along the Esplanade without
going via the concourse.
·
The Health and Safety Executive will probably enforce the provision of
railings all around the central island making it look like a cattle pen. Bus
movement needs to be kept separate from pedestrian movement.
5.8 Comments in support of
the scheme: -
·
The proposed development of a new contemporary and innovative
interchange at Ryde is long overdue.
·
The building concept is exciting and the use of elegant steel detailing,
glass and vaulted roofs are a 21st Century version of Victorian
railway stations.
·
Improvements are required and removal of the toilet block is beneficial
·
Bicycle parking and the bike shop provide good green transport.
·
The proposed scheme is an elegant solution which links Victorian
engineering with Regency elegance.
·
A brilliant design, which is aesthetically pleasing and in harmony with
the existing traditional seafront buildings.
·
Innovative design which also responds to the wider public realm and
could become a catalyst for further urban regeneration.
·
Welcome improvement to the existing dilapidated interchange.
·
There is ample space to view the Solent.
5.9 Third party responses are
largely dominated by comments relating to the design of the proposed
development. In this regard, 30 of the letters objecting to the scheme raised
concerns in relation to the design and all 17 letters in support of the scheme
comment on the design. Objections to the design of the proposed scheme relate
to concerns that the design is inappropriate in the conservation area and in a
Victorian seaside town. In addition, objections are made regarding the height
of the building and the impact of the proposals on views of the Solent. In
support of the scheme, comments in relation to the design are positive and
include the need for an innovative building to replace the dilapidated
interchange. In contrast to the objections comments received in support
consider that the proposed contemporary building is a significant improvement
and appropriate in relation to the surrounding buildings.
5.10
Whilst some comments have been made in response to the proposed
alterations to the highway, these have not been reported to Members as the
alterations to the highway do not form part of the planning application and,
therefore, are not for the Planning Committee to determine.
5.11
In addition to the comments received by the Council, Members may be
aware that a web site has been set up, which objects to the proposals.
6.
Evaluation
Transport
Interchange and Associated Facilities
6.1 The purpose of the
proposed scheme is the development of an integrated transport facility at Ryde,
which provides a functional and attractive environment and promotes the use of
public transport. This is identified as the key aim of the design brief and is
supported by strategic transport policy.
6.2 While the existing
facilities at Ryde provide means of moving between different modes of public
transport, the facilities are in need of improvement. Along with poor
facilities, the existing layout of the transport interchange results in a
number of problems that give rise to a poor pedestrian environment. In this
regard, buses currently have to reverse out of their bays, which requires a
large turning area; most buses travel up George Street after leaving the
Interchange, which requires driving along the Esplanade and U-turning at the
Dover Street roundabout; taxis are situated immediately outside the Interchange
together with the access/egress to the Pier and bus station, which limits
traffic movement; and a total of five lanes have to be crossed when walking
between the Interchange and Union Street.
6.3 The proposed new layout
allows alterations to simplify the traffic arrangements and provides improved
facilities within the Interchange area. The details of the Interchange facility
are as follows: -
·
Bus Interchange: the layout of the bus bays removes the need for buses
to reverse out of bays and reduces the width of the road within the forecourt
area, resulting in a significant improvement to pedestrian safety. All of the
bays are designed to ensure that buses can pull out independently. The proposed
scheme includes a minimum footway of 4m alongside the bus bays allowing
sufficient space for pedestrian movement.
·
Taxi Rank: a rank with capacity for 4 taxis is proposed at the
south-west end of the concourse within the interchange, which would provide
convenient pick-up and drop-off facilities for people travelling by taxi. As
part of the highways works, it is proposed to provide a secondary taxi rank on
the opposite of the Esplanade. Although an objection has been received in
relation to the position of the secondary taxi rank, this work is outside of
that which is the subject of this planning application.
·
Car/Taxi Set Down: on the north-west side of the interchange concourse
five bays would be provided off the Pier access road for car and taxi set down,
and car pick up.
·
Cycle facilities: cycle stands are proposed at the end of the Pier
access road and at the south-eastern end of the interchange within covered
facilities. In addition, a bike shop is proposed adjacent to the Sheffield
stands at the south-eastern end of the site providing a local service and
natural surveillance for parked bicycles.
·
Pedestrian facilities: the proposed alterations to the public highway
would improve the traffic arrangements and simplify pedestrian movements
creating a zebra crossing at the western end of the interchange providing a
direct pedestrian route between the interchange and Union Street. The new
signalised junction at George Street would incorporate pedestrian facilities so
that each arm of the junction can be safely crossed. Within the Interchange
wide pavements are provided and the openness and transparency of the
interchange building would significantly improve the pedestrian environment.
·
Deliveries and Servicing: the Interchange facilities would be serviced
from the bus apron outside peak operating hours. Small vehicles could also
deliver to the site from the taxi/car drop off area adjacent to the Pier access
road.
6.4 Along with
improvements to transport operations, the proposals include a number of
facilities which provide additional services to people using the transport
interchange at Ryde. In this regard, the proposed concourse pavilion houses
facilities for the transport operators, along with public toilets, a new ticket
office adjacent to a tourist information centre and left luggage facilities.
The internal concourse would contain a newsagent and a coffee shop, which would
spill outdoors while remaining under the cover of the main canopy. While Andrew
Turner (MP) has raised an objection to the loss of recreation space in Western
Gardens, the proposed scheme includes re-provision of public space adjacent to
the café facilities within the interchange. The replacement of the existing
café and public toilet block is considered a significant benefit of the
proposed scheme. The provision of facilities for passengers beyond transport
services is considered particularly appropriate in an area, which is
essentially the gateway to Ryde. In this regard, it is considered that the
proposals are in accordance with policies T7 and TR10 of the UDP.
6.5 Along with
the interchange and associated facilities, the application proposals include a
restaurant and civic space at first floor level. This level would be linked by
a new footbridge over the railway line, which would be accessible by a lift and
stair on the south side and a lift, ramp and stair on the north side. Although
the public consultation has raised queries with regard to the need for the
proposed civic space and the appropriateness of a restaurant adjacent to the
Hovercraft terminal, the applicant has indicated that, during pre- application
consultation, the need for exhibition/gallery space was identified. The
flexibility of the proposed civic space is likely to provide beneficial
facilities for both the community and tourists to Ryde and, in this regard, the
proposals are considered to be in accordance with policies U3 and U4 of the
UDP.
6.6 The proposed
restaurant use forms part of the planning application, but the applicant has
specified that the funding sought for the interchange would not ensure
implementation of this aspect of the scheme and further funding would be
required. The principle of a restaurant use on this site is considered
appropriate as it would increase the vitality of the area, particularly in the
evening. However, further details, including the servicing arrangements, would
be required to ensure that the operation of a restaurant would be acceptable.
It is considered that these details could be required by planning conditions.
Architecture/Design
6.7 In addition to
improving the operational arrangements at the Ryde interchange, the proposed
scheme seeks to improve the architectural quality of the buildings associated
with the interchange. The design statement submitted with the planning
application explains that the scheme was developed as several elements of
accommodation rather than placing all the proposed facilities under one roof.
In this regard, the design breaks up the scale of the development with each
building and structure representing a different function and scale of
importance. While English Heritage has raised concern that the proposed scheme
would read as one large mass, it is considered that the variation in scale
provided by the main building and associated canopies is appropriate in terms
of distinct operational functions and provides an acceptable relationship to
the Esplanade buildings.
6.8 The design
concept takes influence from the adjoining seascape, with elements reflecting
waves and sand ripples. The massing of the proposed buildings has been carefully
considered to ensure that the highest point of the new interchange buildings
would remain below the top of the Esplanade buildings and would not impinge
much more on views of the Esplanade buildings than the existing interchange
buildings. The actual footprint of the proposed new buildings/structures would
be approximately the same as the existing interchange buildings. However, as a
result of consultation during the design process, the design includes provision
of additional canopies to provide shelter while waiting for buses, taxis,
pick-up and cycle stands along with the café, newsagent and toilet facilities.
6.9 In order to
maintain views of the Esplanade frontage and the Solent the height of the
buildings generally remains low, with the proposed two-storey accommodation
situated close to the railway where the building rises to clear the railway
tracks. In this regard, the increase in height would be a maximum of 4 metres
above the existing buildings; however, the height varies over the length of the
building. The photomontages submitted with the application documentation
illustrate that, while the height of the interchange buildings are greater than
the existing buildings, a view of the Esplanade is retained and having regard
to the wider context it is evident that the proposed buildings would have
limited effect on the views of Ryde town centre. It should be noted that the
South East Regional Design Panel (SERDP) considered the overall height and
massing of the interchange proposals appropriate. The Panel considered that,
when viewing the interchange from the town, it would stand on its own against
the water and sky. From the north, for people arriving from the ferry, it would
be seen against the backdrop of the town and this prospect of Ryde is strong
enough to include a distinctive contemporary intervention. In contrast, English
Heritage have raised concern regarding the impact of the height of the
buildings on the rising townscape. It is considered that the proposals provide
an opportunity to create a facility which is beneficial to Ryde beyond the
proposed transport facilities and that while the view would alter the overall
impact on the view in terms of the wider townscape is acceptable.
6.10
In terms of the details of the design, the concourse
pavilion would be an elegant structure with simple proportions of curved
glazing, free-standing columns, and a seam metal patinated roof. It is proposed
that the details of the materials be conditioned for approval by the Local
Planning Authority, but the proposal to use copper for the roof, timber, steel
and glass in the buildings, and natural stone in the public realm are
considered appropriate in this environment and in accordance with the Ryde
Public Realm Strategy. The proposal to use steel is consistent with Victorian
structural aesthetic of the pier and station, and stainless steel furniture has
been used elsewhere in Ryde. The use of glass in the concourse provides
protection from the elements while maintaining transparency and sightlines
through the interchange, which is beneficial in terms of pedestrian movement
and views. The proposed copper alloy roof is unlike conventional copper and
would not oxidise to green, but it would retain the soft golden colour
complementing the stonework and roofscape of the town.
6.11
Having regard to the overall design of the proposed
interchange buildings and the details of the materials proposed, it is
considered that the proposed scheme would result in a high quality
architectural solution, which would be sympathetic to the scale of the
surrounding area yet providing distinctive and attractive buildings. While
there has been objection raised to the nature of the design and its
relationship to the historic townscape, other responses have been received in
support of the contemporary design. Furthermore both English Heritage and SERDP
have confirmed that they consider the principle of a contemporary design
acceptable. It is considered that the scheme would be in accordance with
strategic policy S6, the relevant criteria of policy G4 and the design policies
D1 and D2 of the UDP.
6.12
As part of the design consideration, functional
lighting is proposed in the form of integrated high intensity low voltage white
light downlighters recessed within the roof illuminating areas of the internal
and external concourse. Within the recess lighting direction can be controlled.
The proposed scheme includes provision for feature lighting into the roof,
canopy soffit, and within the public realm features such as the benches. A
number of objections have been raised in relation to the proposed lighting and
the potential pollution created by high levels of glare and light-spill. As
lighting is important to the safety and security in an area that could be prone
to anti-social behaviour, it is suggested that the details of the lighting,
including the position of lights and lux levels, be required by condition to
ensure the criteria set out in policy D14 of the UDP are addressed.
6.13
The proposed scheme includes provision for hard
landscape treatment, including paving, benches and means of enclosure, and soft
landscape treatment in the form of trees, shrubs, and flower beds/borders
providing an enhanced pedestrian environment in accordance with policy D10 of
the UDP and the draft Ryde Public Realm Strategy.
Urban Design/Public Realm
6.14
The details of the proposed interchange facilities
have been considered by an urban design specialist at bennett urban planning
having regard to the Council’s UDP policies relating to design and the draft
Ryde Public Realm Strategy.
6.15
The proposed interchange is considered to
significantly enhance the area by combining high quality urban design and
attractive contemporary architectural approach to act as a landmark scheme in
an important gateway location. The proposed scheme respects the surrounding
context and scale of local buildings and provides a sense of place and
distinctiveness which is currently lacking.
6.16
It is considered that the proposals would enhance the
vitality of the surrounding public realm, and provide an attractive environment
while ensuring that there is safe and adequate public pedestrian activity with
appropriate materials and landscaping for the locality, in accordance the draft
Ryde Public Ream Strategy. The location
of the proposed café, spilling out into the public realm, is a welcome addition
that will generate activity and therefore assist in the natural surveillance of
the area, as is the use of glass within sections of the building to enable
pedestrian routes to be clearly visible from the proposed development. In this
regard, it is considered that the proposals are in accordance with policies D3,
D11 and D12 of the UDP.
6.17
Crucially, the scheme provides considerably improved
pedestrian access east-west along the Esplanade and north-south between the
existing urban fabric of the town centre and the interchange and waterfront,
with the introduction of pedestrian priority crossings and a reduction in road
width where possible. The scheme
therefore greatly reduces the disjoined nature of current pedestrian movement
and the lack of legibility and pedestrian priority by connecting the
interchange with the town centre and providing a more legible, permeable and
safer environment. Contrary to comments
submitted by English Heritage, it is considered that the scheme clearly
supports an improved and appropriate balance between pedestrians and vehicles
which is crucial to its future success. In this regard, it is considered to
address the integration and safety requirements of policies TR1, TR6, TR7 and
TR9 of the UDP.
6.18
Overall, having assessed the scheme in light of UDP
design policies and the draft Ryde Public Realm Strategy, it is considered that
the layout and facilities within the proposed interchange would provide an
attractive and improved environment for pedestrians and that the scheme is in
general accordance with the principles established by the draft strategy.
6.19
While English Heritage have raised some concerns that
the scheme should be part of a wider master plan for the Esplanade, pier, pier
head and western gardens, Union Street spine and the bottom of St Thomas’
Street and SERDP have raised concerns about the public realm improvements
coming to an abrupt halt at the site boundaries, Members must consider the
application that they have before them and its associated site boundary. Given
that the proposals are considered to be in accordance with the draft Ryde
Public Realm Strategy, which would provide the context for any future public
realm works in the areas mentioned by English Heritage, it is considered that these
proposals would not prejudice any future public realm works in Ryde. In fact,
the benefits of the proposed scheme in terms of the public realm improvements
may act as a catalyst for future improvements in accordance with the Council’s
strategy.
Conservation Area/Setting
of Listed Buildings
6.20
The site lies within the Ryde Conservation Area and
the adjacent pier is a grade II listed structure. An application for
conservation area consent for the demolition of the existing buildings is
considered elsewhere on the agenda (ref: TCP/27277).
6.21
The existing buildings have been significantly altered
and are in a poor state of repair. In this regard, they are not considered to
make a positive contribution to the character and appearance of the
conservation area. In fact, the quality and external appearance of the station
building and the toilet block to the west may be considered to have an overall
negative impact on the character of the conservation area and the setting of
the listed pier.
6.22
The details of the architecture and design are
considered in paragraphs 6.7 to 6.13 above. While the proposed scheme would
result in a contemporary building in dramatic contrast to the existing
architecture in Ryde, it is considered that the scheme would provide a high
quality buildings and facilities.
6.23
In the absence of a Conservation Area Statement, it is
considered that the Ryde Conservation Area is characterised by the Georgian and
Victorian buildings along the Esplanade and rising up the hill behind. Whilst
the design of the interchange proposals are in contrast to the historic
townscape, the design reflects architectural solutions of this era, as the
Regency houses and villas reflect architectural movement of that time. The
quality of the proposed building and structures is considered such that the
scheme would provide a stunning ‘gateway’ to Ryde, which enhances the character
and appearance of the area. In this regard, it is considered that the scheme is
in accordance with policies B2 and B6 of the UDP. In this regard, the removal
of the public toilet block will improve the setting of the listed pier. In
response to consultation, objection has been raised to the removal of the
existing toilet block. Given the quality of the building and that the
facilities would be replaced within the concourse pavilion, it is considered
that the removal of this building would be beneficial.
Transport/Highways
6.24
The overall transport interchange scheme involves
alterations to the highway, which simplify the traffic arrangements and introduce
a new roundabout at the bottom of Union Street, a zebra crossing over the
Esplanade, and secondary taxi stand on the southern side of the Esplanade.
While these works are all associated with the transport interchange facilities
they are not the subject of this planning application and can be implemented
without consent under the Highways Act 1980 (as set out in paragraph 1.4
above).
6.25
A number of objections have been raised to the
highways arrangements, including the appropriateness of the proposed roundabout
and the position of the secondary taxi rank. However, Members should be aware
that a number of the alterations to the highway, including the roundabout, the
zebra crossing, and the secondary taxi rank are outside the application site
boundary (the red line) and the highways works within the site boundary can be
undertaken without planning permission.
6.26
While the detailed layout of the highways works are
not the subject of the planning application, the overall concept of
improvements public transport facilities is supported by Council policy,
including policies S11 and TR1 of the UDP. In this regard, the proposals seek
to improve integration and efficiency of the modes of public transport at Ryde.
Policy TR9 of the UDP sets out that new or upgraded transport interchange
facilities will be acceptable in principle and the policy provides criteria
against which specific proposals should be considered. The criteria includes
provision of facilities for pedestrians, cyclists and people with mobility
problems; provision for easy transfer between modes; that the scheme would not
prejudice future improvements; and that the scheme would not result in undue
environmental impact. It is considered that the proposed scheme is in
accordance with policy TR9. The provision of enhanced cycle facilities,
including covered, secure cycle parking and the bike shop is considered to be
in accordance with policy TR6 of the UDP.
6.27
In terms of the highways alterations in relation to
the interchange facilities, the proposals provide buses with direct access to
George Street, removing the need to U-turn at the Dover Street roundabout. The
proposed zebra crossing at the western end of the interchange enhances
pedestrian facilities and matches the desire line between the interchange and Union
Street. In order to accommodate buses, the road width at the crossing is
approximately 11m. To aid pedestrians crossing and the help minimise delays to
traffic an island is proposed separating the two lanes of traffic.
6.28
Within the interchange, the proposed highways work
includes the use of materials to segregate vehicles and pedestrians. English
Heritage has raised concern that the scheme is over-engineered and that there
should be greater use of shared surfaces within the proposals. However, given the
nature of the facilities, which includes movement of buses, taxis, private
cars, bicycles and pedestrians, it is considered that the proposed scheme
provides adequate safety without excessive use of guard rails. In this regard,
the proposed scheme is considered to be in accordance with policy TR7 of the
UDP and makes adequate provision for safety of all users.
6.29
The Council’s highways officers will be responsible
for the implementation of the highways works and they have noted in their
response to the planning application that all works relating to highways
alterations in connection with the interchange project are to be approved by
the Council as the highways authority. With regard to the planning application,
a number of conditions have been suggested by the highways officers.
Environmental Issues
6.30
The proposed development would result in the removal
of two trees. The western-most London plane tree in the line of plane trees
adjacent to the rose gardens would be removed as a result of the proposed
highways work. A tulip tree, currently situated immediately south of the
existing toilet block, would be removed to facilitate the erection of the
proposed concourse pavilion.
6.31
The Council’s arboriculture officer has assessed the
quality of the trees to be removed. In both cases the trees are considered to
offer significant amenity value. In order to compensate for the loss of these
trees the application includes provision for significant replanting, but is not
specific as to species and size of trees intended. It is considered that the
choice of species should be such that they would mitigate the loss of the
London plane and tulip trees. In this regard, a condition is proposed which
seeks details of the proposed new landscaping to the approved by the Local
Planning Authority.
6.32
Given the nature of the proposed development, which
involves demolition of the existing buildings, it is considered appropriate to
attach conditions to any planning permission granted requiring the details of
methods to protect the existing trees during demolition and construction. The
British Standard 5837 (2005) guidelines “Tress in Relation to Construction”
provide advice to applicants regarding protection of trees during construction.
These guidelines should be followed when submitting details in relation to
relevant condition.
6.33
The Council’s arboriculture officer has confirmed
that, provided replanting is carried out correctly with species that would
compensate the loss of those trees to be removed and correct protection of the
trees to be retained, the trees would provide a high level of amenity and
complement the development. With the use of appropriate conditions, it is
considered that the proposed development would be in accordance with policies
C12 and D3 of the UDP in relation to trees and landscaping.
6.34
The primary feature of the proposed interchange in
relation to sustainability is the principle of encouraging the use of public
transport. Local, regional and national planning policy seeks to encourage the
development of effective, efficient and integrated transport network and, in
the regard, the proposals to improve the quality of the transport interchange
at Ryde is in accordance with these policies.
6.35
In addition to the public transport benefits, the
proposed concourse pavilion would be natural ventilated with the inclusion of
roof openings. It is proposed that 10% of the main concourse roof area would be
glazed to provide natural light into the building. To reduce solar gain the
roof glazing would be predominantly north-facing. These features are in accordance with policy D13 of the UDP.
6.36
The applicant identifies other potential sustainable
design features, which have been considered and will be considered further
during the detailed design process and construction of the proposed buildings.
These include photovoltaic panels on the canopies, passive heating and cooling,
and grey water systems. As these are not included in the details of this
application they cannot be required by condition; however, it is recommended
that an informative be included on any planning permission granted to encourage
the inclusion of sustainable design features in the details of the development.
6.37
Given the location of the proposed interchange
buildings in relation to the coastline, the planning application documentation
includes a flood risk assessment in accordance with national and local planning
policy guidance. The proposed development would substantially replace existing
buildings and structures at the same level above sea level. For this reason, it
is considered that the flood risk does not alter as a result of the proposed
development. In addition, the site area currently consists of hard-standing
and, therefore, it is not anticipated that run-off would increase. Although the
Environment Agency response to consultation initially raised concern given the
potential for increased run-off, it is considered that the proposed scheme
would not alter the existing situation. It is considered that the proposed
development would not be contrary to policy G6 of the UDP.
Environmental
Matters
6.38
During the consultation process a number of
environmental matters were raised by objectors to the planning application.
These included comments relating to micro climate and SEA (strategic
environmental assessment). Members’ should note that the Council determined
prior to the submission of the application that the proposed development does
not constitute EIA (environmental impact assessment) development in accordance
with the Town and Country Planning (Environmental Impact Assessment) (England
and Wales) Regulations 1999, and, therefore assessment of factors such as
micro-climate has not been specifically considered. In addition, English Nature
have responded to the Council’s consultation to confirm that they consider that
the proposal is unlikely to have a significant effect on the relevant features
of the Ryde Sands to Wootton Creek SSSI or the Solent and Southampton Water
SPA/Ramsar. For this reason, English Nature has confirmed that an assessment in
accordance with Regulation 48 of the Conservation (Natural Habitats, & c)
Regulations 1994 is not required.
6.39 The SEA
referred to in a consultation response relates to assessment of policy
documents rather than planning applications, which are considered by the EIA
1999 Regulations.
7.
Conclusion and Justification for Recommendation
7.1 This application seeks
planning permission for the erection of buildings and facilities to provide a
new public transport interchange at Ryde. The proposals involve demolition of
the existing buildings and provision of a main concourse building and
associated canopies providing improved operations and facilities for users of
the Ryde interchange.
7.2 The applications for
planning permission and conservation area consent have been the subject of
public consultation and the responses are detailed in Section 5 of this report.
During consideration of the proposals the scheme has been considered having
regard to the consultation responses and the Council’s planning policy framework.
7.3 The main objection to
this application relates to the architectural approach to the proposed new
building and structures and, in particular, their relationship to the historic
context of Ryde Esplanade. While the majority of the objections raise concern
with respect to the appropriateness of the proposals, it should be noted that
supporters of the scheme welcome the contemporary design proposed. Having
regard to the overall design of the interchange buildings and the details of
the materials proposed, officers consider that the proposed scheme would result
in a high quality architectural solution, which is sympathetic to the scale of
the surrounding area yet provides distinctive and attractive buildings. Both
English Heritage and SERDP have confirmed their support for the principle of a
contemporary design. In this regard, it is recommended that the contemporary
design approach be supported.
7.4 In terms of the detail of
the proposals, it is considered that the uses proposed within the concourse
building would not only provide operational benefits to the functioning of the
interchange, but they would also improve the nature of the public realm. The
existing buildings are of poor quality and the proposed scheme would provide
new facilities, including a café and public toilets, which would enhance
activity and natural surveillance in the area.
7.5 The scheme provides
improved pedestrian access along the Esplanade and between the
interchange/waterfront and the town centre, with the introduction of pedestrian
priority crossings and reductions in the road width where possible. Along with
the operational improvements, the proposed scheme improves legibility for
pedestrians while providing a safe environment. The public realm improvements
would provide an attractive environment, in accordance with the draft Ryde
Public Realm Strategy.
7.6 Environmental issues
relating to trees, sustainability and flood risk are all considered within this
report. Although the scheme would result in the removal of two trees within the
application site, the proposals include provision for additional landscape
treatment and it is suggested that conditions be attached to any permission
granted with regard to landscape details. While some consideration has been
given to sustainable features within the proposed building, the detailed design
process will determine whether further features can be accommodated. It is
suggested that an informative be added to any planning permission regarding
these issues.
7.7 In overall terms, the
proposed scheme would provide significant benefits to Ryde in terms of
improvements to public transport facilities and the public realm generally. The
scheme would result in a contemporary, high quality architectural solution,
which would create an attractive environment. Having considered the scheme in
light of the national and local planning policy framework, it is considered
that the proposed development is in general accordance with strategic and local
planning policy and, therefore, it is recommended that planning permission
be granted.
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 shall not be
carried out other than in strict accordance with the plans hereby approved
without prior consent of the Local Planning Authority. Reason: To ensure that the external
appearance of the buildings is satisfactory in compliance with policy D1
(Standards of Design) of the IW Unitary Development Plan. |
3 |
Full details, including samples of
external finishes shall be submitted to and approved by the Local Planning
Authority before any work on the site is commenced and the development shall
be completed in accordance with the details thereby approved. Reason: In order that the Local Planning
Authority may be satisfied with the details of the proposal in compliance
with policy D1 (Standards of Design) of the IW Unitary Development Plan |
4 |
Full details of the lighting of
all public areas, including details of the position and lux level of lights,
shall be submitted to and approved by the Local Planning Authority before the
use of the site commences. The approved lighting shall be installed and
maintained thereafter. Reason: In order that the Local Planning
Authority may be satisfied with the details of the proposal in compliance
with policy D14 (Light Spillage) of the IW Unitary Development Plan. |
5 |
A cleaning and maintenance
strategy for the exterior of the building, including the canopies, the bus
interchange area and associated facilities to include the collection of
litter and the cleaning of oil spills, shall be submitted to and approved by
the Local Planning Authority before the use of the site is commenced. The
approved strategy must be implemented and complied with for the duration of
the use. Reason: In order that the Local Planning
Authority may be satisfied with the details of the proposal in compliance
with policy TR1 (Integrated Transport Network) of the IW Unitary Development
Plan. |
6 |
Full details of the following
shall be submitted to and approved by the Local Planning Authority before any
work on the site is commenced: Art Wall Bench Seating and Street Furniture Bike Shop and Cycle Stands Signage/Shop front relating to the
Café and Newsagent Uses Stairs, including the balustrading
and materials Ramp, including the balustrading
and materials Timber screen to the bin store CCTV The development shall be completed
in accordance with the details thereby approved. Reason: In order that the Local Planning
Authority may be satisfied with the details of the proposal in compliance
with policy D1 (Standards of Design) of the IW Unitary Development Plan. |
7 |
Full details of the proposed
restaurant, including design and treatment of the elevation, shall be
submitted to and approved in writing prior to the commencement of works
related to the restaurant. The development shall be completed in accordance
with the details thereby approved. Reason: In order that the Local Planning
Authority may be satisfied with the details of the proposal in compliance
with policy D1 (Standards of Design) of the IW Unitary Development Plan. |
8 |
Prior to the implementation of the
restaurant use hereby approved, details of servicing and refuse storage and
collection relating to this use shall be submitted to and approved in writing
by the Local Planning Authority. The approved servicing and refuse storage
shall be implemented and maintained thereafter. Reason: In order that the Local Planning
Authority may be satisfied with the details of the proposal in compliance
with policy R5 (Areas Outside Retail-Only Frontages) of the IW Unitary
Development Plan |
9 |
Prior to implementation of the
restaurant use hereby approved details of the means of flue extraction
relating to this use shall be submitted to and approved in writing by the
Local Planning Authority. The approved details and shall be implemented and
maintained thereafter. Reason: In order that the Local Planning
Authority may be satisfied with the details of the proposal in compliance
with policy R5 (Areas Outside Retail-Only Frontages) of the IW Unitary
Development Plan. |
10 |
No development shall take place
until full details of hard and soft landscape works have been submitted to
and approved in writing by the Local Planning Authority. The approved
landscape treatment shall be implemented and maintained thereafter. Reason: To ensure the appearance of the
development is satisfactory and to comply with policy D3 (Landscaping) of the
IW Unitary Development Plan. |
11 |
Notwithstanding condition 8 above,
two heavy standard or semi mature trees to be agreed in writing with the
Local Planning Authority shall be planted in positions agreed with the Local
Planning Authority. If either tree dies or becomes diseased within five years
of planting they shall be replaced with a similar species and size of tree as
originally planted in accordance with a scheme to be agreed in writing with
the Local Planning Authority. Reason: To ensure the appearance of the
development is satisfactory and to comply with policy D3 (Landscaping) of the
IW Unitary Development Plan. |
12 |
Full details of the methods to
protect existing trees during construction shall be submitted to and approved
in writing by the Local Planning Authority prior to the commencement of any
work, including demolition. The development shall be completed in accordance
with the details thereby approved. Reason: To ensure that the amenity value
of existing trees is not lost during construction and to comply with policy
C12 (Development Affecting Trees) of the IW Unitary Development Plan. |
13 |
No development hereby approved
shall be commenced until the method of piling has been submitted to and
approved in writing by the Local Planning Authority. The development shall be
completed in accordance with the details thereby approved. Reason: The piling method used should
either by vibro or hydraulic piling, not percussive piling. This is to ensure
the protection of the migratory passage of the Atlantic salmon and resident
fish populations in compliance with policy C8 (Nature Conservation as a
Material Consideration) of the IW Unitary Development Plan. |
14 |
No development hereby approved
shall be commenced until a detailed pollution prevention method statement for
works that could impact on the inter-tidal area, has been submitted to and
approved in writing by the Local Planning Authority. The development shall be
completed in accordance with the details thereby approved. Reason: To ensure that all reasonable
measures have been followed to prevent pollution of the water environment.
There is an increased risk of pollution if concrete is to be cast in situ in
compliance with policy S15 (Important Natural Resources) of the IW Unitary
Development Plan. |
15 |
Full details of the routing of all
construction traffic shall be submitted to and approved in writing by the
Local Planning Authority prior to the commencement of work on the site. The
development shall be completed in accordance with the details thereby
approved. Reason: In the interest of highways
safety and to comply with policy T7 (Highway Considerations) of the IW
Unitary Development Plan. |
16 |
Full details of the times and
location of all deliveries, loading and unloading shall be submitted to and
agreed in writing by the Local Planning Authority prior to commencement of
the use. The development shall comply with the details thereby approved. Reason: To ensure an adequate standard
of access and servicing for the proposed development and to comply with
policy TR7 (Highway Considerations) of the IW Unitary Development Plan. |
17 |
Full details including drainage
and surfacing of the area for buses, taxis and cycles to be parked and for
vehicles to turn so that they may enter and leave the site in a forward gear,
shall be submitted to and approved in writing by the Local Planning
Authority. The space shall not thereafter be used for any purpose other than
that approved in accordance with approved details. Reason: To ensure an adequate standard
of highway and access for the proposed development and to comply with policy
TR7 (Highway Considerations) of the IW Unitary Development Plan. |
18 |
Steps, including the installation
and use of wheel cleaning facilities in accordance with details to be
submitted to and approved in writing by the Local Planning Authority, shall
be taken to prevent material being deposited on the highway as a result of
any operation on the site. Any
deposit of material from the site on the highway shall be removed as soon as
practicable by the site operator. Reason:
In the interests of highway safety and to prevent mud and dust from
getting on the highway and to comply with policies TR7 (Highway
Considerations) and M2 (Defined Mineral Working) of the IW Unitary
Development Plan. |
19 |
Development shall not begin until
details of the design, surfacing and construction of any new roads, footways,
accesses and car parking areas, together with details of the means of
disposal of surface water drainage therefrom have been submitted to and
approved in writing by the Local Planning Authority. Development shall be carried out in
accordance with the approved details. Reason:
To ensure an adequate standard of highway access and drainage for the
proposed dwellings and to comply with policy TR7 (Highway Considerations) of
the IW Unitary Development Plan. |
20 |
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. |
21 |
Before the development hereby
permitted is commenced, a scheme indicating the provision to be made for
disabled people to gain access to (#) shall be submitted to and approved by
the Local Planning Authority in writing.
The approved scheme shall be implemented before the development hereby
permitted is brought into use. Reason:
To ensure adequate access for disabled persons and to comply with
policy D12 (Access for People with Disabilities) of the IW Unitary
Development Plan. |
Informatives:
1.
This decision letter does not convey an approval or consent which may be
required under any enactment, by-law, order or regulation, other than Section
57 of the Town and Country Planning Act 1990.
2.
Your attention is drawn to the provisions of the Building Regulations,
and related legislation which must be complied with.
3.
Your attention is drawn to the need to comply with the requirements of
the Control of Pollution Act 1974 concerning construction site noise and in
this respect you are advised to contact the Council’s Environmental Health
Division.
4.
You are advised that this permission does not authorise the display of
advertisements at the premises and separate consent may be required from the
Local Planning Authority under the Town and Country Planning (Control of
Advertisements) Regulations 1992.
5.
The applicant should consider the extent to which sustainable design
features can be incorporated into the proposals during the detailed design
process. Planning permission outside of this consent may be required for
alterations as a result of the detailed design process.
6.
The following policies from the Isle of Wight Unitary Development Plan
were considered relevant in determining this application: S5, S6, S10, S11, G4,
G6, D1, D2, D3, D10, D11, D12, D13, D14, B2, B6, B7, T7, C12, TR1, TR6, TR7,
TR8, TR9, TR10, U3 and U4.
Conservation Area Consent –
P/01729/05 – CAC/27277
REASON FOR COMMITTEE CONSIDERATION
This application seeks permission
for demolition of buildings within the Ryde Conservation Area to facilitate a
planning application of significant importance.
1.
Background
1.1 This application for
Conservation Area Consent is submitted concurrently with the application for
planning permission for the proposed Ryde Transport Interchange (ref:
P/01728/05 – TCP). In order to facilitate the development proposed demolition
of the existing buildings is required.
1.2 Details relating to the
location, site characteristics, relevant history, and consultation responses
are addressed elsewhere on the Committee agenda (application reference
P/01728/05 – TCP). This report assesses the demolition proposals.
2.
Details of the Application
2.1 In accordance with the
Planning (Listed Buildings and Conservation Areas) Act 1990 permission is
sought for demolition of the existing transport interchange buildings (shown on
drawings A-102 rev A) on the Ryde Esplanade which would facilitate the proposed
new development.
2.2 The application is
accompanied by a PPG15 assessment in relation to the demolition of buildings
within a conservation area and the concurrent planning application provides
details of the proposed replacement facilities.
3.
Planning Policy Framework
3.1 Planning Policy Guidance
Note (PPG) 15 provides the Government’s guidance on planning and the historic
environment. Sections 3 and 4 of PPG15
(Listed Building and Conservation Areas) are relevant to the proposals at Ryde
Transport Interchange. In particular,
paragraphs 3.16 – 3.19 provide guidance in relation to the demolition of a
listed building or buildings within a conservation area. There is a general presumption in retaining
buildings which make a positive contribution to the character or appearance of
a conservation area.
3.2 Paragraph 3.19 of PPG15
sets out the criteria by which proposals for total or substantial demolition
should be assessed:
“(i) the condition of the
building, the cost of repairing and maintaining it in relation to its
importance and to the value derived from its continued use. …
(ii) the adequacy of
efforts to retain the building in use.….
(iii) the merits of
alternative proposals for the site. …”
3.3 Policy B7 in the UDP
which relates to demolition of non-listed buildings in conservation areas is
also relevant to the conservation area consent application.
4.
Evaluation of the Application
4.1 The application for
conservation area consent seeks permission for total demolition of the existing
transport interchange buildings. In accordance with PPG15, the applicant has
submitted an assessment of the existing buildings. While the existing
interchange buildings date from the turn of the last century, as a result of
works undertaken to the station buildings after nationalisation of the railways
in 1948 the nature of the interchange was fundamental altered. The alterations
included filling the area previously occupied by the pavilion gates to the pier
and converting this for station use. As a consequence of the introduction of
the bus facilities in the 1970s, the original parcels office was demolished.
4.2 The existing interchange
buildings are the result of a century of change, expansion and development. The
buildings vary in style and are largely of poor architectural quality. In this
regard, it is considered that they do not make a positive contribution to the
character and appearance of the Ryde Conservation Area.
4.3 Following privatisation
and franchising of the Ryde to Shanklin branch of the railway line, the
maintenance of the railway facilities are the responsibility of the franchisee
even though Network Rail (previously Railtrack) retain ownership. The franchise
has been awarded on a short-term basis – initially for five years (in 1996) and
subsequently extended for shorter periods in 2001 and 2003. While the Train
Operating Company is responsible for both running the train services and
maintenance of the infrastructure and stations, the short term nature of the
franchise has resulted in limited investment in structural remedial work beyond
cosmetic maintenance. The overall result of this situation is that the station
infrastructure has suffered from significant under-investment over many years.
4.4 Network Rail does not
anticipate any works other than emergency maintenance on the Ryde facilities
before 2019. Supporting scaffolding has been placed beneath part of the station
to the north where it encroaches onto the pier and this area has recently
declared structurally unsafe and has been condemned. Although the Train
Operating Company has recently painted the exterior of the buildings, the
general condition remains poor. In this regard, there is evidence of
deterioration to bargeboards, cracking to masonry and in some areas complete
exposure of structural reinforcement.
4.5 In terms of the PPG15
assessment criteria, the condition of the existing buildings is such that they
have a negative impact on the character and appearance of the conservation
area. Given the minimal investment in the facilities over recent years it is
considered that the cost of retaining the existing poor quality buildings would
not be viable. It is considered therefore that an acceptable case has been made
for demolition of the existing interchange buildings in accordance with
criteria (i) and (ii) of paragraph 3.19 of the PPG15.
4.6 The applicant has
submitted an application for planning permission for replacement buildings. The
details of the proposed replacement buildings are considered in the report
(ref: TCP/27277/A) elsewhere on the agenda. The proposed building and
structures would provide a high quality replacement building, which would make
a positive contribution to the character and appearance of the conservation
area. In this regard, it is considered that criterion (iii) and policy B7 of
the UDP are met by the concurrent planning application.
4.7 The interchange
facilities are used by a large number of people and continuity of facilities is
necessary. For this reason, it is suggested that conservation area consent be
granted subject to a condition which ensures that a contract for the proposed
redevelopment is let prior to the demolition of the existing buildings. This
would provide Members with the reassurance that the existing facilities could
not be demolished prior to a contract for the construction of the new
development is agreed.
5.
Conclusions/Summary
5.1 The existing transport interchange
facilities at Ryde are of poor architectural quality and have had limited
investment in recent years resulting in poor structural integrity. The
application for demolition of the existing buildings is accompanied by an
assessment having regard to the criteria set out in PPG15. It is considered
that the condition and quality of the buildings is such that the cost of
refurbishing them to provide an appropriate facility within the conservation
area would not be viable. An assessment of the proposed replacement building
and structures is reported elsewhere on the agenda (P/01728/05 – TCP). The
proposed new interchange would provide high quality facilities and would
enhance the character and appearance of the conservation area. In this regard,
it is considered that the overall proposals are in accordance with national and
local planning policy.
6.
Recommendation
Conditional permission.
Conditions/Reasons for Conservation Area Consent – P/01729/05 –
CAC/27277
1 |
No demolition shall be undertaken
until a contract has been let for the construction of the replacement public
transport interchange facilities. Reason: To ensure that existing
buildings within the conservation area are not demolished prior to
confirmation that appropriate replacement buildings will be built in
compliance with policy B7 (Demolition of Non-Listed Buildings in Conservation
Areas) of the IW Unitary Development Plan |
2 |
Full details of the hoardings to
be erected around the development site shall be submitted to and approved in
writing by the Local Planning Authority prior to the commencement of any
work, including demolition. Reason: To ensure site safety and
security prior to the commencement of work in compliance with D11 (Crime and
Design) of the IW Unitary Development Plan. |
3 |
Full details of the methods to
protect existing trees during construction shall be submitted to and approved
in writing by the Local Planning Authority prior to the commencement of any
work, including demolition. The development shall be completed in accordance
with the details thereby approved. Reason: To ensure that the amenity value
of existing trees is not lost during construction and to comply with policy
C12 (Development Affecting Trees) of the IW Unitary Development Plan. |
03 |
Reference Number: P/01696/05
- TCP/19509/K Parish/Name:
Freshwater - Ward/Name: Freshwater Norton Registration Date:
15/09/2005 - Full Planning Permission Officer: Mr A
Pegram
Tel: (01983) 823552 Applicant:
Planning UK Ltd Demolition of holiday accommodation; construction of 33 replacement holiday
chalets Savoy Holiday Village, Halletts Shute, Norton, Yarmouth,
PO410RJ The application is recommended for Conditional Permission |
REASON FOR COMMITTEE CONSIDERATION
This submission relates to a major development proposal involving the upgrading of an existing tourism accommodation site. The scheme raises issues of strategic significance to the implementation of the Island Tourism Plan. The proposal raises a number of issues which require careful consideration. |
1. Details of Application
1.1 Application
seeks full planning permission for demolition of 36 catered and self catering holiday chalets and construction of 33
replacement holiday chalets.
1.2 The proposal relates to two areas within
this substantial holiday complex. The
main element of the proposal involves the demolition of 26 single storey flat
roofed chalets at the northern end of the site, most of which provide two
bedroom accommodation, and their replacement with 30 two storey chalets. The chalets would be arranged predominantly
in terraced blocks and would each provide accommodation comprising kitchen/diner,
lounge and wc at ground floor level with two bedrooms and bathroom at first
floor level. The second element of the
proposal relates to demolition of single storey flat roofed accommodation
blocks at southern end of site and their replacement with a two storey terrace
of three holiday chalets, each providing accommodation comprising lounge,
kitchen/diner and wc at ground floor level with three bedrooms, one with
en-suite facilities, and bathroom at first floor level.
1.3 The replacement chalets would be clad
with eternit weatherboarding under a concrete tile roof. All windows and doors would be timber.
2.1 Application
relates to substantial holiday accommodation site, having an area of
approximately 6 hectares, located on north western side of Halletts Shute. North eastern corner of site abuts garden
areas of residential properties on the Westhill estate (Linstone Drive and
Braxton Meadow) and property fronting main road with number of dwellings to
south of site. Boundaries of the site
are defined for most part by natural growth and there are a number of trees
throughout the site.
2.2 Accommodation within the site is provided
for most part in single storey chalets.
The chalets are constructed in a variety of materials, although the
majority of the chalets are constructed in faced concrete blocks, with areas of
timber cladding to elevations, under a flat roof. A number of later chalets are constructed in brick under pitched
concrete tiled roofs. Site also includes
a number of more substantial buildings providing single and two storey
accommodation, including the office/reception block, facilities buildings and
sports/leisure facilities.
3. Relevant
History
3.1
The site has been the subject of numerous planning applications dating
back to 1949. These have included
proposals for facilities buildings and extensions thereto and addition of new
chalets.
4. Development
Plan Policy
4.1 Planning Policy Guidance note 21 –
Tourism, addresses Government Policy in relation to land use planning for
tourism. The PPG outlines the economic
significance of tourism and its environmental impact.
4.2 Site is located outside of any
development boundary as defined on the Unitary Development Plan and is
designated as a permanent holiday accommodation site. Relevant policies of the plan are considered to be as follows:
·
S1 – New development will be concentrated within
existing urban areas
·
S4 – The countryside will be protected from
inappropriate development
·
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
·
G5 – Development Outside Defined Settlements
·
G10 – Potential Conflict Between Proposed Development
and Existing Surrounding Uses
·
D1 – Standards of Design
·
D2 – Standards for Development Within the Site
·
D3 - Landscaping
·
T1 – The Promotion of Tourism and Extension of the
Season
·
T3 – Criteria for Development of Holiday Accommodation
·
T6 – Permanent Accommodation Sites (other than hotels)
·
C1 – Protection of Landscape Character
·
TR7 – Highway Considerations for New Development
5. Consultee
and Third Party Comments
5.1
Internal Consultees
Highway Engineer has examined the proposal and does not consider there to be any highway conditions to be necessary for this phase of the holiday village re-development. However, in order to comply with the current Building Regulations, he advises that a temporary access would be required to enable emergency vehicles to access the chalets adjacent the northern boundary until a permanent access is constructed as part of the overall development.
Council’s Tree Officer
has inspected site and advises that there are two trees which could be affected
by the proposed development, these being a Norway Maple and a Sycamore. Both trees are no more than 2 metres from
the footprint of the build and would suffer from extensive root damage, putting
their safety and longevity into question.
He considers that both trees offer a certain degree of amenity to the
surrounding area and contribute to its general character.
It is acknowledged that
the existing trees are close to the existing buildings and in the case of the
Norway Maple; it is considered that the tree should be removed. Work previously carried out to the sycamore
has reduced its amenity value but not to the extent it should be
condemned. The distance from the
existing building and new building will not be significantly different although
potential damage would occur from the change of the building type, particularly
the more substantial foundations that would be required. The Tree Officer concludes that the options
would be to refuse the application on the basis of the impact on the sycamore
tree or to remove the tree and plant several replacement trees in a suitable
location to compensate for the loss of amenity to the area.
5.2
External Consultees
The Environment Agency
advises that they have had reason to caution the previous owners of the site
following an incident when sewage effluent overflowed from manholes and entered
an adjacent water course causing pollution. It is understood that the likely
cause of this was a blockage in the Savoy Holiday Village’s sewage system
considerably restricting its capacity. The Executive Summary of this incident
from the Environment Agency shows that action taken to resolve this problem
included removing solid matter from the pipe and installing a seamless liner to
prevent further escape of effluent through a crack in the pipe and to reduce
the likelihood of further build up and subsequent blockages.
No comments received during the statutory consultation period and despite further request for comments, no response has been received at time of preparing this report.
5.3
Town and Parish Council Comments
Freshwater Parish Council
commented that if proposal was purely for holiday accommodation, it would be in
agreement with it, subject to a condition that the units are occupied by any
person for no more than 6 weeks in any calendar year. However, the parish council object to the proposal on grounds
that there is insufficient guarantee that the units will remain as holiday
accommodation. They are aware that the
applicants want flexibility, but without necessary infrastructure, feel the
units should not be anything more that holiday units. The parish council sought more information on the intended use of
the proposed chalets and time scales of usage.
5.4
Third Parties/Neighbours
The Campaign for the Protection of Rural England do not wish to challenge the principle of the development although concern is expressed about the possible abuse of holiday accommodation leading to permanent occupation and demand for increase in number of units for tourism accommodation. They consider that conditions should be imposed on any consent to ensure that units are not sold off on very long leases to a single occupant.
The application has attracted ten letters from local residents and the Westhill Residents Association expressing concern and/or objecting to proposal on grounds which can be summarised as follows:
· Provision of two storey units would result in overlooking and loss of privacy to neighbouring properties
· Noise and disturbance arising from visitors staying at site
· Boundary fence with adjacent properties should be replaced
· Oppressive visual impact
· Two storey chalets not in keeping with surrounding area
· Chalets would permit increased occupancy and increased vehicle movements on Hallett Shute adding to hazards of highway users
· Surface water drains into watercourse adjacent northern boundary of site – extra waste will be discharged into watercourse
· Site has history of surface water drainage and sewage problems – proposal will exacerbate problems causing environmental and health and safety concerns
· Adverse impact on watercourse and stability of neighbouring properties
No objection is raised to upgrading of chalets and it is recognised that holiday village has been operating for many years making a valuable contribution to tourism economy of the Island.
6. Evaluation
6.1 The main factors in determining this
application are considered to be as follows:
·
Whether proposal is acceptable in principle
·
Impact of proposal on character of area
·
Impact of proposal on amities of neighbouring properties
·
Effect of proposal on level of occupancy within site and implications
for traffic generation and adequacy of services
6.2 Whilst the site is located outside the
development boundary as defined on the Unitary Development Plan, it is
designated as a Permanent Accommodation Site and is cited in the plan as being
amongst the largest chalet sites on the Island. In accordance with Policy TR6 of the UDP, development involving
the upgrading or expansion of these sites will be approved, subject to
proposals complying with the criteria set out in the policy, which relate to
the effect of the proposal on the appearance of the site and the impact on the
environment and amenities of the area.
6.3 The extent of this site is not apparent when
viewed from the public highway (Halletts Shute) and the main element of the
current proposal involves area of land well within the site, adjacent the
northern boundary of the holiday village, although a small element of the
scheme involves chalets on the southern side of the complex. The area adjacent the northern boundary is
also, to a certain extent, visible from the adjacent Westhill estate,
particularly in Linstone Drive.
6.4 The holiday chalets within this site have been developed over time and a number of them have already been replaced in recent years. Consequently, there is no uniform appearance to the chalets, although the majority of them are single storey and flat roofed. It is understood that the current owners of the holiday village intend to implement a programme of works to replace/upgrade further chalets and generally upgrade the facilities within the site with the current application forming the first phase of this operation.
6.5 A large number of the original chalets within this site are looking somewhat tired, despite repairs having been carried out to them over the years. In particular, several of the chalets, the subject of the current submission, have had new flat roofs constructed over the original roof deck, increasing the overall height of the structures. The replacement of the chalets on a phased approach will improve the overall appearance of the site. In addition, it should be noted that the site accommodates a mix of single and two storey buildings and your officers are satisfied that the proposal, and in particular the provision of two storey chalets, will not detract from the character of the area in general
6.6 The new chalets would, by reason of the
provision of pitched roofs and first floor accommodation, be higher than the
existing chalets. Therefore, they will
have a greater impact on the adjacent properties in Linstone Drive. However, the design of the chalets
incorporates an asymmetric roof, falling to an eaves level at the rear
equivalent to that of a single storey building, lower than the roof height of
the existing chalets. In this respect, the existing chalets vary in height
between 2.8 m and 3.3 m whilst the new chalets would have an eaves height at
the rear of 2.6 m. Furthermore, the
chalets are shown on the revised plans to be a minimum distance of
approximately eleven metres from the boundary with the adjacent
properties. Consequently, whilst it is
accepted that they will have a greater impact than the existing chalets when
viewed from the neighbouring properties, your officers do not consider they
will have an excessive or unacceptable impact.
6.7 The introduction of accommodation and
windows at first floor level may give rise to a degree of overlooking of
properties in Linstone Drive. However,
it should be noted that these windows will serve bedroom accommodation and that
the chalets would be located a minimum distance of approximately elevent=
metres from the boundary of the site, with back to back distances between
buildings of around 24 metres and more.
In addition, screening is provided by dense natural growth running along
the boundary of the site, although some of this is of limited height, and the
applicant’s agent has indicated that his client intends to carry out further
landscaping in this area. Having regard
to these factors, your officers are of the opinion that the proposal would not
give rise to an unacceptable level of overlooking and loss of privacy to
neighbouring properties or, more importantly, that refusal of the application
on these grounds would be justified.
6.8 The current proposal would result in a slight reduction in the number of chalets on the site and would certainly not give rise to a significant increase in occupancy. Therefore, it is not considered that proposal would generate a higher level of vehicle movements to and from the site or that the proposal has any significant implications regarding the use of the existing access to the site or highway safety generally. Similarly, whilst there has been some problems with drainage from the site, the proposal is not likely to have any implications in this respect. In any event, it is understood that the applicant’s future proposals for upgrading the site include improvement to the access onto Halletts Shute and to the infrastructure within the site, particularly the drainage system. It is understood that the latter is likely to include laying new pipes where necessary and the provision of attenuation systems to restrict flows to the mains drainage. Depending on the scale of the work involved, these matters may be the subject of further submissions to this authority. However, on the basis the current proposal will not result in significant increase in the level of occupancy within the site, it is not considered that it would be reasonable to require these works to be carried out as a condition of any planning permission in respect of the current proposal.
6.9 The provision of the replacement chalets
at the southern end of the site will undoubtedly have an adverse impact on the
two trees immediately adjacent the proposed site of the new chalets, leading to
their loss. However, both trees are
already in close proximity to the existing chalets and removal may not be
considered unreasonable in any event.
Furthermore, it is not considered that the loss of these trees alone
would justify refusal of the application.
Should members be minded to approve this application, your officers
would recommend that the planning permission is subject to a condition
requiring the planting of replacement trees, of an appropriate size and
species, elsewhere within the site.
6.10 Conditions have previously been applied to
planning approvals for holiday accommodation seeking to limit the period of
occupation by any individual or group of people in an attempt to ensure that
the accommodation is retained for holiday purposes only. However, this has been
deemed by appeal inspectors to be inappropriate as this requirement would
require intrusive checks, contrary to advice contained in Circular 11/95. Therefore
it has become common practice to impose a condition which states that the
accommodation shall be used as holiday accommodation only and not as a main or
permanent residence. In addition, applicants are required to enter into a
planning obligation pursuant to Section 106 of the Town and Country Planning
Act which shall require a register of visitors to be maintained and made
available for inspection on request by an officer of the Local Planning
Authority. Your officers are satisfied that these measures are sufficient to
ensure that the accommodation is retained for holiday purposes only.
7. Conclusion
and Justification for Development
7.1 Having given due regard and appropriate
weight to all material considerations referred to in this report, the proposed
development, involving the upgrading of an existing tourism accommodation site,
is acceptable in principal.
Furthermore, your officers are satisfied that this proposal will not
have an unacceptable impact on the amenities of the area in general or
neighbouring residential occupiers. In
particular, it is not considered that the proposed chalets will result in an
unacceptable level of overlooking and loss of privacy to these properties. In considering this proposal and the
potential impacts on the area and neighbouring properties, members should also
give appropriate weight to the contribution this site makes to the tourism
economy of the island.
8. Recommendation
This application is recommended for
Conditional Permission.
That the applicant is advised of the
need to comply with Building Regulations in respect of access to the chalets
for emergency vehicles.
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
shall not be initiated by the undertaking of a material operation as defined
in Section 56 (4) (a)-(e) of the Town and Country Planning Act 1990, in
relation to the development until a planning obligation pursuant to Section
106 of the said Act relating to land has been made and lodged with the Local
Planning Authority and that the person submitting the same has been notified
it is to the Local Planning Authority's approval. The said Planning
Obligation shall require the owner of the property to keep a register of
visitors staying within the holiday accommodation hereby approved, which
shall be made available for inspection by any officer of the Local Planning
Authority. Reason: To ensure that the accommodation
is retained for holiday purposes only and to comply with Policies G5
(Development Outside Defined Settlements) and T3 (Criteria for the
Development of Holiday Accommodation) of the Isle of Wight Unitary
Development Plan. |
3 |
The units hereby approved shall be
used only as holiday accommodation and shall not be used as a main or
permanent residence. Reason: To ensure that the accommodation
is retained for holiday purposes only and to comply with Policies G5
(Development Outside Defined Settlements) and T3 (Criteria for the
Development of Holiday Accommodation) of the Isle of Wight Unitary
Development Plan. |
4 |
No development shall take place
until samples of materials to be used in the construction of the external
surfaces of the development hereby permitted, together with colour finishes,
have been submitted to and approved in writing by the Local Planning
Authority. Development shall be
carried out in accordance with the approved details. Reason:
In the interests of the amenities of the area and to comply with
policy D1 (Standards of Design) of the IW Unitary Development Plan. |
5 |
All material arising from the
demolition of the existing chalets shall not be disposed of within the site but
shall be removed from the land as soon as reasonably practicable after the
chalets have been demolished. Reason: In the interest of the amenities
of the area and to comply with Policies G4 (General Locational Criteria for
Development) and D1 (Standards of Design) of the Isle of Wight Unitary
Development Plan. |
6 |
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. The landscaping scheme shall make provision for planting of
trees as replacements for those which are likely to be damaged or lost as a
result of the construction of three chalets at the southern end of the site
together with a planting scheme to enhance the landscaping along the n
northern boundary of the site. Reason:
To ensure the appearance of the development is satisfactory and to
comply with policy D3 (Landscaping) of the IW Unitary Development Plan. |
7 |
All hard and soft landscape works
shall be carried out in accordance with the approved details. The works shall be carried out prior to
the occupation of any part of the development or in accordance with the
programme agreed with the Local Planning Authority. Reason:
In the interests of the amenities and character of the area and to
comply with policy D3 (Landscaping) of the IW Unitary Development Plan. |
04 |
Reference Number: P/01429/05
- TCP/22290/F Parish/Name:
Wootton - Ward/Name: Wootton Registration Date:
22/07/2005 - Full Planning Permission Officer: Mr C
Hougham
Tel: (01983) 823552 Applicant: Tesco Stores
Limited Proposed retail (A1) store, vehicular access alterations
and landscaping land at junction of, High Street and, Rectory Drive,
Wootton Bridge, Ryde, |
This application is recommended for
Conditional Permission subject to the applicants entering into a Section 278
Agreement with the Council in connection with onsite and off site highway
works.
REASON FOR COMMITTEE CONSIDERATION
This is an application which has raised a number of contentious issues.
1. Details
of Application
1.1 This is a full application for a purpose
designed, low profile retail unit to be positioned in the north eastern corner
of the site adjacent to through access road serving the neighbouring commercial
premises.
1.2 Submitted details illustrate that the
proposed access to the site will be via the existing access onto Wootton High
Street (A3054) serving a parking area which includes cycle racks, provision for
the disabled and a loading bay, leading through to an exit onto Rectory Drive.
1.3 The new building in terms of overall
footprint will be oblong in shape with approximate external dimensions of 30.3m
x 12.2m giving a gross overall floor space of 386 sq m. of which 279 sq m (net)
will be used as sales are and the remainder used for storage purposes. There is
a service/plant yard to the rear of the building in the corner of the site.
1.4 In a covering letter with the original
submission the applicant’s agents provide the following additional information.
…proposed development, to
be operated as a Tesco Express Store, is to replace the existing store on the
adjacent site…… The design of the proposed building … allows a more efficient
arrangement of the floor space. It is proposed that the replacement store will
continue to provide a primarily convenience goods offer, in line with the
Express store model nationwide.
…proposed parking and
access arrangement is design to accommodate the pass-by trade which results
from the store’s location on the A3054,…..The forecourt parking arrangement at
the existing store provides a convenient facility, but can become congested at
peak times. The proposed arrangement provides a higher number of spaces to
accommodate existing demand and, importantly, the car park layout reinforces
the proposed one-way arrangement which will improve safety, access/egress and
through movements. A significant increase in vehicle movements is not
anticipated as a result of the modest increase in floor space proposed.
….site is well located to
serve the surrounding residential area…… Additionally, the site is located on
one of the main bus routes. …..regarded as accessible by choice of means of
transport, with opportunities to reduce private car use. It is proposed that
pedestrian access will be further enhanced by the provision of an additional traffic
signal controlled pedestrian crossing, which will be secured by an s278
agreement.
……proposed building is a
single storey modular structure. The low height of the structure is well suited
to the natural topography of the site and the surrounding area. The modular
construction and modern materials reduce the overall construction time and the
site preparation work necessary before construction can begin thereby
minimising construction related disturbance to surrounding properties.
1.5
Agent has highlighted what he and his client believe to be the benefits
of the proposed development by
comparison with the existing operation within the neighbouring building.
Existing store:
·
The forecourt car park is unable to easily accommodate the high level of
pass-by trade.
·
Deliveries to and servicing the store from the front further increases
forecourt congestion.
·
The storage and non-sale space cannot readily accommodate peaks in
trading.
·
The convenience goods offer is limited by the sales floor space level.
By
contrast, the replacement store proposed will provide:
·
An appropriate car parking arrangement, including disabled parking
provision.
·
A clear one-way route through the car park.
·
Rear deliveries and servicing via a delegated on-site loading bay.
·
Additional outdoor servicing space for cage marshalling and waste
management.
·
Accommodation for greater stock levels and a wider range of convenience
goods.
2. Location and Site Characteristics
2.1 This is a rectangular shaped site
situated on the corner at the junction of Wootton High Street (A3054) with
Rectory Drive. Overall dimensions of the site are in the region of 55m x 27m.
2.2
The land is currently vacant but was last used for open car sales.
2.3 In terms of character, the site forms
part of a fragmented commercial/retail area on this side of Wootton High Street
and, further to the east on the southern side of the High Street. Immediately
adjacent to the site is the existing Tesco Express which forms part of the Minghella
Centre. Opposite the site, in the High Street, and Rectory Drive is clearly a
residential in character. On the western side of Rectory Drive there are four
residential properties occupying a slightly elevated position overlooking the
application site.
3. Relevant History
3.1 In December 1989 detailed
planning permission was granted for the construction of two office blocks with
associated parking on land then described as Wootton Filling Station. Members
familiar with the area will know that one of the blocks was constructed and is
now used as a private dental practice. The other block, on the site of the
current application, was not built but because the approval was partially
implemented the consent remains extant.
3.2 In November 2001 an application to
develop the site with 12 flats was refused permission. The main issues can be
summarised in the following terms:
·
Effect on the character and appearance of the area.
·
Effect on neighbouring residents living conditions (especially visual
intrusion/loss of privacy).
·
Highway safety.
This decision was the subject of an
appeal which was dismissed in July 2002. It is important to note that the
inspector dismissed the appeal on the grounds that a three storey building in
such a prominent location would be likely to be both over dominant in the
streetscene and “have little in common with its immediate host environment”. He
did not support the case put forward by the Council in respect of the effect on
neighbouring properties or highway safety.
3.3 An application submitted in June 2003 to
develop the site with two 2 storey buildings providing a total of ten self
contained flats with associated car parking and landscaping was not determined
primarily because of a dispute over the payment of the relevant fee and in
accordance with Article 25 (11) of the Town & Country Planning (General
Development Procedure) Order 1995 the application was finally disposed of on 11
March 2004.
4. Development Plan Policy
4.1 National Policy
·
PPS6 (Planning for Town Centres) – this recently published PPS
essentially deals with making provision for retail development within our
communities. In this particular case attention is drawn to Annex A (Table 1)
which deals with the types of centre and their main characteristics. In this
context it is considered that Wootton is a local centre.
…local centres include a
range of small shops of local nature, serving a small catchment. Typically,
local centres might include, amongst other shops, a small supermarket, a
newsagent, a sub post office and a pharmacy. Other facilities could include a
hot food takeaway and launderette. In rural areas large villages may perform
the role of a local centre.
Government guidance urges local
planning authorities to adopt and pursue policies which ensure that the
importance of shops and services to the local community is taken into account
in assessing proposals which would result in their loss or change of use and
also respond positively to proposal for the conversion and extension of shops
which are designed to improve their viability. Paragraph 2.58 states:
The need for local shops
and services is equally important within urban and rural areas. Local
authorities should, where appropriate seek to protect existing facilities which
provide for peoples day-to-day needs and seek to remedy deficiencies in local
shopping and other facilities to help address social exclusion.
In large villages, such as Wootton, where there is potential to maximize accessibility by public transport and by walking and cycling whilst ensuring that the lack of public transport facilities does not preclude small scale retail or service development where these would serve local needs.
·
PPG13 (Transport) makes reference to the issue of accessibility in Para.
19.
A key planning objective
is to ensure that jobs, shopping, leisure facilities and services are
accessible by public transport, walking and cycling. This is important for all
but especially for those who do not have regular use of a car, and to promote
social inclusion.
When dealing with larger
village locations the objective should be to ensure that the usual facilities,
such as shopping, are positioned in accessible locations.
4.2 Strategic Policy
The relevant strategic policies are
considered to be, S1, S2, S5, S6, S11 and S14. Essentially proposals for
development which on balance, will be for the overall benefit of the Island by
enhancing the economic, social and environmental position will be approved,
provided any adverse impacts can be ameliorated.
4.3 Local Planning Policies
·
G4 – General Locational Criteria for Development
·
D1 – Standards of Design
·
D2 – Standards for Development within the Site
·
D14 – Light Spillage
·
TR3 – Locating Development to Minimise the Need to Travel
·
TR7 – Highway Considerations for New Development
·
TR16 – Parking Policies and Guidelines
·
R2 – New Retail Development
·
R4 – Development on Unidentified Sites
In terms of Policy R2, referred to
in the latter part of this report, paragraph 15.25 of the explanatory text
says:
Village and local shops play
a vital role in rural areas as they provide an alternative to shopping in the
main towns as well as much needed service for the less mobile. This includes
the elderly, people with disabilities and those who do not have access to a car
or convenient public transport.
5. Consultee and Third Party Comments
5.1
Internal Consultees
·
Area Highway Engineer does not raise an objection to the application
subject to the applicants entering into an S278 Agreement and the imposition of
appropriate conditions. He has outlined his involvement with this particular
case both pre and post submission and highlighted what, in his opinion, are the
principle highway/traffic issues.
·
Swept Path Analysis/Size of Delivery Vehicles
Swept path analysis for
delivery vehicles approaching from either direction demonstrates that an HGV
can perform the necessary maneuvers both into and out of the site. He points
out h]that the swept path is for a 16.5m long articulated tractor and trailer
unit but during negotiations/discussions the applicants have indicated that a
10.5m vehicle will be used and controlled through a Store Management Plan. He
also points out that there is only one dedicated delivery vehicle a day, two at
peak periods. This is a significant improvement on the present arrangements.
·
Access, Parking and Circulation.
Having applied the
relevant policy and car parking guidelines the Highway Engineer is satisfied
that the provision of “on site” parking facilities is within the maximum
parking allowance of 28 spaces and therefore the proposed level of parking is
acceptable in policy terms. Layout is a significant improvement on existing
situation and should overcome the present difficulties with traffic queues
extending out on to the carriageway (A3054).
·
Impact on Rectory Drive/High Street
While recognising that
there is some concern about the possibility of an adverse impact on residents
of several properties on the northern side of Rectory Drive, he believes that
the proposed arrangements are preferable when compared with the current “in and
out” arrangements onto Wootton High Street. He does not support view that the
exit onto Rectory Drive will mean that residential street will become a “rat
run”; although it is likely to be used by local residents, he is of the view
that it is a tortuous route and that this factor in combination with the
residential use and on street parking means that it would not be sufficiently
attractive to motorists as an alternative access directly onto High Street.
·
Internal Levels
Highway Engineer has been
concerned about the possibility of delivery vehicles “grounding out” on the
exit to Rectory Drive and although the applicant’s agents have provided him
with additional information he still feels that further details may be required
and that this matter should be covered by the imposition of a condition.
·
Transfer of highway land
It will be necessary to
“stop up” an area of highway verge on the eastern side of Rectory Drive and
this will be dealt with by using powers under S247 of the Town and Country
Planning Act 1990.
·
Retaining Wall
In order to ensure
continued structural integrity of the carriageway and footway along Rectory
Drive and retaining structure will be required at the back edge of the footway.
·
Off site highway works
In order to facilitate
the development proposed various off site highway works are required and these
will be secured through legal agreement. These works will improve traffic flows
and alleviate the problem of users activating the existing systems.
More details about the
proposed off site highway works are referred to in the latter part of this
report.
·
Store Plan
Highway Engineer supports
the applicant’s response to certain identified difficulties by preparing a
Store Management Plan and he offers advice on how, in his opinion, the details
on such things as deliveries and how “on site” operational arrangements should
be conducted.
He has recommended the
imposition of a number of highway conditions on the assumption that the new
pedestrian crossing, realignment of the footway in Rectory Drive, stopping up
of the highway, securing of commuted payments and Store Management Plan would
all be included in any legal agreement (or other conditions).
·
Planning Policy Manager was invited to comment on this application and
has made the following key observations:
“The site is within the
development envelope ….. although not an identified town centre is part of a
small group of shops which under definition in the new PPS6 would be considered
to be a local centre as set out in Annex A. PPS6 stressed the importance of
local shops in meeting day-to-day needs particularly for those who have
difficulty in accessing high order centres.
Given the level of floor
space proposed, my view is that the store should serve a local shopping need only
and on that basis could be considered favourably under Policy R2 of the UDP
which wile seeking to ensure retail development takes place within existing
town centres, does allow for shops serving a local need………. recent retail study
indicated sufficient capacity for additional food retailing across the Island
which would cater for the small amount of additional floor space proposed. I
would have concerns if both the existing and proposed stores both continued to
trade but I understand that conditions will be put forward to ensure that this
is not the case.”
·
Environmental Health Office has requested that the relatively recently
developed “standard” condition relating to possible previous contamination of
the site should be imposed in order to comply with Part IIA of the
Environmental Protection Act 1990. In order to protect the amenity of
neighbouring property the EHO has also recommended the imposition of
controlling conditions, summarised as follows:
·
Intended business hours
·
Delivery times
·
Control of anticipated noise emissions
He has provided detailed
advice for the application in the forma of an information note which can
accompany the decision notice if Members are minded to grant (conditional
permission.
·
Section 106 Officer has been proactively involved with the processing of
this particular application and has been in discussion and negotiation with
solicitors acting on behalf of the applicants in connection with a legal
agreement for ‘on site’ and ‘off site’ highway improvements and works.
5.2 External Consultees
None.
5.3 Town or Parish Council Comments
·
Wootton Bridge Parish Council has registered objections to the
application on the grounds that the highway issues need to be addressed,
highlighting their main concerns as follows:
·
Swept path analysis for delivery lorries, appears to be “very tight”.
·
Pedestrian and highway safety in Rectory Drive.
·
The need to properly delineate pedestrian areas within the site.
·
Associated problems with congestion at the junction with Rectory
Drive/High Street.
·
Potential for Rectory Drive to be used as a “rat run”.
·
Delivery vehicle issues; timing of deliveries. Size of vehicles used,
associated noise problems in the early morning, delivery lorry parking in
Rectory Drive.
Members are asked to note that these
comments were made shortly after the submission of the application and prior to
the submission of additional information prepared by the agent(s) in
consultation with our own Highway and Traffic Engineers. Chairman and Clerk of
the Parish Council have been briefed at a meeting attended by the Case Officer,
the Highway Engineer, the applicants and their agent about additional
information provided by the latter in response to these concerns and have been
invited to submit further observations prior to the determination of the
application.
5.4 Neighbours
·
Members are advised that shortly after the submission of this
application there was a public meeting which was attended by the case officer,
the applicants and their agent which raised a number of issues which were
subsequently highlighted in representations from local residents.
·
Solicitors acting on behalf of the owner of the neighbouring premises
(Minghella Centre) where the applicants present retail outlet is located raised
a range of legal, procedural and policy interpretation issues in respect of
land ownership, traffic and floor area, PPS6 and assessing the proposed
development. Case Officer provided a detailed response which promoted further
representations disputing interpretation and raising additional points which
can be briefly summarised in the following terms.
·
This is not a “modest increase” in floor space when compared with the
existing store.
·
Application is in conflict with Council Policy R2.
·
Definition of “local need only”.
·
Possibility of intensification of use if existing store continues to
provide a convenience outlet.
·
Traffic implications.
·
Following the public meeting a number of written representations were
received from local residents expressing concern and objecting to the
application. The majority of these objections, including a small petition, have
come from residents of Rectory Drive who almost exclusively object to the
application because of the formation of an exit or egress onto Rectory Drive.
There concerns are adequately summarised in the initial observations from the
Parish Council (see above).
6. Evaluation
6.1 The main issues in this
particular case are as follows:
·
Principle of redeveloping the site for retail purposes.
·
Interpretation and application of relevant location/design/retail/
highway policies.
·
Access/parking/servicing arrangements.
·
Overall size and scale mass and scale and appearance of new building.
·
Associated “on site” and “off site” highway works to be carried out in
conjunction with proposed development.
·
Hard/soft landscaping.
6.2 It is important to stress from the outset
that the single most contentious issue in respect of this particular
development is the vehicular egress for deliveries and customers, onto Rectory
Drive.
6.3 Members will appreciate that there is no
sustainable objection to the redevelopment of a site, recently used for open
car sales with an extant permission for a two storey office block, as it is
within the development boundary adjacent
and close to other retail/commercial outlets along the A3054 in Wootton.
The view is taken that this site could be used for a variety of purposes, as
evidence by previous proposal for residential redevelopment, and it is
important that the Council make a decision which is consistent with relevant
policies and in the interests of the wider community and other potential users
of the proposed facility.
6.4 The central location of the site within
the village means that it is ideally suited for retail development maintaining
a popular and important outlet facility on the northern side of the High
Street. It is considered that the criteria for assessing retail development of
this nature has been satisfied as, in very simple terms, the existing operation
gives adequate evidence of need, the development is of an appropriate scale, in
location terms there is not a better site within the immediate vicinity and the
site is clearly accessible by a variety of modes of transport including
walking, cycling and public transport. The scheme will reinforce Wootton’s role within the Island’s retail hierarchy.
6.5 The proposed development satisfies the
criteria set out in Policy R2 although it is accepted that experience would
suggest that while satisfying a local need there is also a quite significant
element of what can be loosely described as ‘passing trade’ as the existing
operation and this site are on the main road between the Island’s two largest
towns and also on the route followed by vehicular traffic from the west
accessing the largest ferry terminal at nearby Fishbourne. However, it is
important to note that this particular policy was developed to avoid losing
local retail outlets when it could be shown that this may have a damaging
impact on the local community. If Wootton was to lose such a well located
nationally recognised retail outlet it would be difficult to sustain an
argument that this would not cause inconvenience or be damaging to social
fabric of the village. Nevertheless Members are cautioned against using any
form of “Tesco argument” whether for or against the scheme and must treat this
A1 convenience store application on its merits in accordance with policy.
6.6 The above points in conjunction with the
observations from the Planning Policy Manager underline that there is not a
sustainable objection to the redevelopment of this site with a retail outlet of
this size specialising in convenience goods.
6.7 The remaining development control related
issues have been the subject of public scrutiny and negotiations and discussion
with the applicants and their agents leading to the submission of additional
supporting information, including a Store Management Plan, but without any
significant amendment to the characteristics of the overall development. It is
considered that these issues should be viewed against a background of the
problems associated with existing outlet in terms of traffic congestion and
potential hazards arising from inadequate servicing and parking facilities
within the curtilage of the site and although the Council should never accept
sub-standard development, it is nevertheless a material consideration in this
particular case.
6.8 The two outstanding issues relate to the
anticipated visual appearance of the overall site and the position, scale, mass
and design of the proposed retail store and the seemingly more contentious
matter of access/egress, parking, servicing and other operational arrangements.
6.9 The overall layout of the site is reliant
upon the existing access onto the A3054, which will also continue to serve the
neighbouring commercial premises, and a shared route through the site giving
access to customer parking and a loading bay leading to an exit only onto
Rectory Drive with the proposed building in the least conspicuous position
towards the rear of the site away from the respective road frontages. When
compared with the present appearance of the site, this scheme offers a number
of improvements which include increased customer parking when compared with the
existing outlet, facilities for disabled people, bike racks, a designated
loading area, the construction of new retaining wall on the southern side of
Rectory Drive and landscaping including the planting of additional trees inside
the new retaining wall. Pedestrian priority routes within the site will be
denoted by the use of differing hard surface materials. The proposed building
is clearly a modern, modular structure which, on balance, will modestly enhance
the visual amenities of the area as it will have a minimal impact because of
the topography of the site, which is significantly lower than the carriageway
level in Rectory Drive, and it is a low profile building sited in a less than
prominent position. Consequently, the
view is taken that any objections on grounds of layout, design or hard/soft
landscaping would be difficult to sustain if a decision was taken to withhold
permission on these grounds.
6.10 The final detail issue to be assessed is
matters relating to access/egress, “on site” parking provision, internal
movement and method/arrangement for deliveries. It is clear that the present
arrangements in respect of the present store are most unsatisfactory due to the
existing shared access being used for both access and egress from the site,
inadequate parking facilities, no loading/unloading provision etc. which have
lead to difficulties which create congestion and in some instances (potential)
traffic hazards. However, by the same token, while the proposed arrangements
offer a very clear and significant improvement on the present situation, for
the benefit of the wider community and other users, there is genuine concern
about the proposed exit/egress onto Rectory Drive.
6.11 It has been explained earlier in this
report that this application was the subject of detailed pre-submission
discussions and negotiations and since the public meeting which highlighted
some concerns referred to in the preceding paragraph there has been continuing
discussion with the applicants and their agents in order to overcome these
difficulties or mitigate any potential impact on the current level of amenity
of residents in the first section of Rectory Drive. The obvious improvements
when compared with the present arrangements for the store on the adjacent site
have already been referred to in this report. However, it is essential that the
other highway/traffic improvements negotiated both prior and since the
submission of the application are well understood.
·
Upgrade of existing uncontrolled crossing to the east of the junction of
Brannon Way/High Street to a traffic light controlled PUFFIN crossing.* This
will include all associated signing, lining, lighting and accommodation works.
·
Provision of anti-skid surfacing with a design, extent and method of
installation to be agreed.
·
Necessary controls and dedicated link with existing pelican crossing to
the east of the site, including ducting and accommodation works.
·
Realignment of footway and construction to new access to Rectory Drive
including retaining works, tactile crossings and associated accommodation
works.
·
Improvements to existing access onto A3054, with possible tactile
crossing points and a bellmouth layout.
In addition to the above a commuted
sum of £12,000 will be required to cover the future maintenance of the new
crossing point.
*A Puffin Crossing is
effectively an “intelligent “ crossing point that senses whether users are on
or have left the crossing. This improves traffic flows and alleviates the
problem of users activating the system and then being able to cross prior to
the lights stopping vehicular traffic.
6.12 Post submission correspondence,
discussion and negotiations culminated with a meeting with the applicants and
their agent attended by the Local Member and the Local Parish Council Clerk.
Prior to this recent meeting the agent provided a detailed response which dealt
with the Rectory Drive egress, delivery and servicing hours and frequency,
residential amenity, internal levels, retaining structure to Rectory Drive, off
site highway works etc. In the view of the agent and applicant and the highway
engineers employed by the applicants, there is not a viable alternative to the
proposal to provide an exit onto Rectory Drive if there is to be an improvement
on the present situation. However, he has identified the possibility of
planning controls as a mechanism for addressing any possible difficulties and,
in this context, his clients have produced a Store Management Plan (SMP) as a
method of establishing a clear framework for site and store operation and he
has also been able to confirm that his clients can insure that its own delivery
and staff vehicles can only exit the site towards the High Street (i.e. left
turn) and that this will be included in the SMP. The agent also provided
detailed drawings giving information on site levels and gradients; a reduction
in the level of signage/glazing an increase in the amount of brickwork in terms
of the elevation facing onto Rectory Drive; raised landscaping along the back
edge of the realigned footway on the southern side of Rectory Drive and
increasing the size of the loading bay area.
6.13 Following the last meeting involving local
community representatives, the agent has provided further information, details
and amendments in an attempt to address some of the continuing concern about a
number of aspects but primarily the exit onto Rectory Drive.
·
Further revisions to the SMP confirming the applicant’s intention to
service the store with a shorter articulated vehicle with a 10.4m rear – steer
trailer supported by a new swept path analysis drawing.
·
Confirmation of one dedicated delivery a day rising to two deliveries
during peak season.
·
Installation of advisory “turn left” instruction at exit point.
·
Detailing of possible boundary treatment on the frontage onto Rectory
Drive designed to reduce any visual intrusion for residents living opposite the
site.
·
Subject to elected Members being satisfied that works are in accordance
with relevant Government guidance and tests the applicants are prepared to fund
the replacement of two street lights outside the existing store and the
application site.
7. Conclusion and Justification for Recommendation
7.1 In terms of adding value to the
application it is not considered that any further controls and/or associated
community benefits can be delivered beyond what has now been agreed with the
applicant’s agent. Inevitably, the owners/occupiers of properties on the
western side of Rectory Drive, which is presently a relatively quiet
residential street despite the close proximity to the junction with a busy
classified road, will suffer a degree of disamenity but, on balance, the
provision of a new purpose designed retail store with associated facilities
including increased “on site” parking, suitable delivery/loading facilities and
various other highway improvements/community benefits outweigh this single factor
and on this basis it is recommended that the application should be approved
subject to the applicants entering into a Section 278 Agreement with the
Council which has largely been negotiated, in accordance with good practice, by
the applicant’s solicitors and our own Legal Executive prior to this
determination
8. Recommendation
Conditional Permission
(subject to the applicants entering into a Section 278 Agreement with the
Council for various “off site” and “on site” highway/traffic improvements not
covered by the comprehensive following condition schedule.)
Conditions/Reasons:
1 |
The development hereby permitted
shall be begun before the expiration of 5 years from date of this permission. Reason:
To comply with Section 91 of the Town and Country Planning Act 1990. |
2 |
The operation of the site
including the number and arrangements for deliveries shall be the subject of
a Store Management Plan with final details to be submitted to and agreed in
writing by the Local Planning Authority before any work commences on site. Reason: In the interest 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 part of the development hereby
permitted shall commence until there has been submitted to and approved in
writing by the Local Planning Authority: A desk-top study documenting all
previous and existing land uses of the site and adjacent land in accordance
with national guidance as set out in Contaminated Land Research Report Nos. 2
& 3 and BS10175: 2001; and, unless otherwise agreed in
writing by the Local Planning Authority, a site investigation report
documenting the ground conditions of the site and incorporating chemical and
gas analysis identified as appropriate by the desk-top study in accordance
with BS10175: 2001 – “Investigation of Potentially Contaminated Sites – Code
of Practice”; and, unless otherwise agreed in
writing by the Local Planning Authority, a remediation scheme to deal with
any contaminant including an implementation timetable, monitoring proposals
and a remediation verification methodology. The verification methodology
shall include a sampling and analysis programme to confirm the adequacy of
decontamination and an appropriately qualified person shall oversee the
implementation of all remediation. The construction of buildings
shall not commence until the investigator has provided a report, which shall
include confirmation that all remediation measures have been carried out
fully in accordance with the scheme. The report shall also include results of
the verification programme of post-remediation sampling and monitoring in
order to demonstrate that the required remediation has been fully met. Future
monitoring proposals and reporting shall also be detailed in the report. Reason: To protect the environment and
prevent harm to human health by ensuring that where necessary, the land is
remediated to an appropriate standard in order to comply with Part IIA of the
Environmental Protection Act 1990. |
4 |
Notwithstanding the provisions of
the Town and Country Planning (General Permitted Development) Order 1995 (or
any order revoking and re-enacting that Order), no access gate shall be
erected without the prior written approval of the Local Planning Authority. Reason: In the interest of highway
safety and to comply with Policy TR7 (Highway Considerations) of the Isle of
Wight Unitary Development Plan. |
5 |
Development shall not begin until
details of the design, surfacing and construction of any new roads, footways,
accesses and car parking areas, together with details of the means of
disposal of surface water drainage therefrom have been submitted to and
approved in writing by the Local Planning Authority. Development shall be carried out in
accordance with the approved details. Reason:
To ensure an adequate standard of highway access and drainage for the
proposed dwellings and to comply with policy TR7 (Highway Considerations) of
the IW Unitary Development Plan. |
6 |
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. |
7 |
The building shall not 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 |
The building shall not 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 |
Development shall not begin until
details of the junction between the proposed service road and the highway
have been approved in writing by the Local Planning Authority; and the
building shall not be occupied until that junction has been constructed in
accordance with the approved details. Reason:
To ensure adequate access to the proposed development and to comply
with Policy D1 (Standards of Design) of the IW Unitary Development Plan. |
10 |
The vehicular access shown from
the High Street on the approved plan shall only be used as a means of ingress
to the site and the vehicular access to Rectory Drive on the approved
plan shall only be used as a means of
egress from the site. [No building
shall be occupied/The use shall not commence] until a traffic management plan
showing details of the measures to be applied to ensure that drivers use the
appropriate means of access and egress has been submitted to and approved in
writing by the Local Planning Authority and has been put into effect in
accordance with the approved details.
The measures shall be retained in place at all times. Reason:
In the interests of highway safety and to comply with policy TR7
(Highway Considerations) of the IW Unitary Development Plan. |
11 |
The use hereby permitted shall not
commence until space has been laid out within the site in accordance with
drawing number SP.13 for 22 cars/10 bicycles to be parked and for delivery
vehicles to be loaded and unloaded 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. |
12 |
All traffic shall be directed to
leave the site by turning left into Rectory Drive by means of a prominent
sign, the details of which shall be submitted to and approved in writing by
the Local Planning Authority, erected at the junction between the site access
road and the highway before the access road is first used. The sign shall be retained in a clean and
legible condition for the duration of the development and any sign that is
damaged beyond repair or removed shall immediately be replaced. Reason:
In the interests of highway safety and to comply with policies TR7
(Highway Considerations) and M2 (Defined Mineral Working) of the IW Unitary
Development Plan. |
13 |
Steps, including the installation
and use of wheel cleaning facilities in accordance with details to be
submitted to and approved in writing by the Local Planning Authority, shall
be taken to prevent material being deposited on the highway as a result of
any operation on the site. Any
deposit of material from the site on the highway shall be removed as soon as
practicable by the site operator. Reason:
In the interests of highway safety and to prevent mud and dust from
getting on the highway and to comply with policies TR7 (Highway
Considerations) and M2 (Defined Mineral Working) of the IW Unitary
Development Plan. |
14 |
The shop hereby approved shall
only be used for the sale of convenience goods and for no other purpose,
including any other purpose in Class A1 of the Schedule of the Town and
Country Planning (Use Classes) Order 1987, or in any provision equivalent to
that Class in any statutory instrument revoking and re-enacting that Order
with or without modification. Reason:
The land is situated within an area where general retail uses are not
normally permitted and to comply with policy R2 (New Retail Development) of
the IW Unitary Development Plan. |
15 |
The proposed store, hereby
permitted, shall not be open to customers outside the hours of 0600 to 2230
daily. Reason: To protect the amenities of
nearby residential properties and to comply with Policy D1 (Standards of
Design) of the IW Unitary development Plan) |
16 |
Before the use commences, a scheme
showing details of the facilities to be provided for the deposit of refuse by
customers shall be submitted to and approved in writing by the Local Planning
Authority. All works forming part of
the approved scheme shall be completed in accordance with the approved
details before the use commences and shall thereafter be retained. Reason:
In the interests of the amenities of the area and the occupiers of
nearby properties and to comply with policy D1 (Standards of Design) of the
IW Unitary Development Plan. |
17 |
No loading equipment, stock,
delivered stock or stock awaiting collection, finished or unfinished
packaging crates or boxes shall be stacked or stored on the site at any time
except within the building or the dedicated service yard identified for that
purpose on the approved plans. Reason: In the interest of visual
appearance of the site and the visual amenity of the surrounding area and to
comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary
Development Plan. |
18 |
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. |
19 |
The building shall not be brought
into use until details of any floodlighting to be installed have been
submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance
with the approved details. Reason:
In the interests of maintaining the amenity value of the area and to
comply with policy D1 (Standards of Design) of the IW Unitary Development
Plan. |
20 |
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. 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. |
21 |
No development shall take place
until details of the materials and finishes to be used in the construction of
the external surfaces of the development hereby permitted have been submitted
to and approved in writing by the Local Planning Authority. Development shall be carried out in
accordance with the approved details. Reason:
In the interests of the amenities of the area and to comply with
policy D1 (Standards of Design) of the IW Unitary Development Plan. |
You are advised that the
signage shown on the permitted drawings has not been granted consent and is
subject to consideration under different regulations. Members are further
advised that this aspect of the overall development has also been the subject
of further negotiations resulting in the submission of amended plans
considerably reducing the level of signage along the frontage onto Rectory
Drive.
05 |
Reference Number: P/01803/05
- TCP/10484/M Parish/Name:
Newport - Ward/Name: Parkhurst Registration Date:
15/09/2005 - Outline Planning Permission Officer: Mr J
Fletcher
Tel: (01983) 823552 Applicant: Isle of
Wight Council Demolition of library headquarters & industrial units;
outline for residential development comprising 54 houses & 24 flats with
access off Parkhurst Road former IW Council library headquarters, Parkhurst Road,
Newport, PO30 |
This application is recommended for
Conditional Permission
REASON FOR COMMITTEE CONSIDERATION
This is a major application
submitted by the Council involving a significant number of dwellings which have
implications with regard to infrastructure and highway issues and which have
given rise to a number of letters of representation.
1. Details
of Application
1.1 This is an outline application with all
matters reserved apart from siting and means of access seeking consent for a
residential development comprising 54 houses and 24 flats.
1.2 Application is accompanied by a layout
plan indicating an extension of Hewitt Crescent in an easterly direction
serving a development which is scheduled as follows:
·
4 bed houses – 6 number (2 semi-detached, 4 detached)
·
3 bed house – 30 number (28 semi-detached, 4 terraced)
·
2 bed houses – 18 number (14 terraced, 4 semi-detached)
Total:
54
1.3 In addition proposal indicates 4 three
storey blocks of flats in two paired groups with accommodation being scheduled
as follows:
·
2 bed flats – 12 number
·
1 bed flats – 12 number
Total
24
1.4
Total of number of units - 78
Density 60 units per hectare
1.5 In order to address parking concerns by
Hewitt Crescent residents, negotiations have taken place which has resulted in
Hewitt Crescent being widened to both allow for increased carriageway width
plus parking provision in the form of extended lay by on the eastern side of
Hewitt Crescent adjacent the existing open space land. Effectively this results
in an increase of 4.5 metres. Also included in the proposal is adjustments to
the alignment of Hewitt Crescent in the area of properties 1, 2 and 6 Hewitt
Crescent in order to provide sufficient land to ease the tight bends in that
road.
1.6 The proposed residential development to
be serviced by an extension of Hewitt Crescent at a point off the existing
Hewitt Crescent opposite properties 18 and 19 Hewitt Crescent in an easterly
direction. An extension in the form of a traffic calmed road with a series of
pinch points running through the centre of the site serving development either
side. In the eastern area of the site the road turns in a northerly direction
terminating in a circular cul de sac head again serving proposed housing
development and the proposed flatted development in the north eastern area of
the site, directly to the east of numbers 10 and 13 Woolcombe Road. Although
the original submitted proposal indicated retention in part of the existing
group of trees on the site, the application has been amended indicating a
realignment of the proposed access road serving the development to increase the
level of retention of trees with the road now passing further to the north of
those trees.
1.7 Parking provision is set at approximately
100 number resulting in a parking ratio of approximately 1.3 parking spaces per
unit.
1.8 Application includes for pockets of open
space including an extension to the existing open space on the eastern side of
Hewitt Crescent. Proposal also indicates a proposed pedestrian/cycle access linking
the proposed development to the eastern end of Woolcombe Road. Proposal also
indicates the extension of an existing footpath/cycle way access which runs in
a north south direction at the western end of Woolcombe Road. This extended
footpath/cycle way access to be extended in a southerly direction to the
southern boundary of the site and thence to make use of the former vehicle
access that served the library headquarters and industrial units converting
that access to a footpath/cycle way giving access out on to Parkhurst Road.
1.9 Finally, the application includes the
land which currently forms an access off Parkhurst Road between numbers 22 and
23 Hewitt Crescent. The application excludes a square shaped area of land which
currently accommodates an electrical sub station.
1.10 Applicants have also indicated through the
submission of a cross section the impact of the widening of Hewitt Crescent on
the current open space area which is elevated above the carriageway level of
Hewitt Crescent. This section indicates the need for retaining wall structures
along its whole length and again following negotiations the erection of a fence
of approved design along the top of the open space which is required for safety
reasons.
2. Location and Site Characteristics
2.1 Site located on the eastern side of
Parkhurst Road directly to the north of St Mary’s Hospital grounds being to the
east of properties 22, 23 and 24 Hewitt Crescent.
2.2 The main body of the site is bounded to
the north by properties in Woolcombe Road, Cookworthy Road and Harris Road.
Abutting the eastern boundary is open fields whilst the abutting to the south
is the cartilage of St Mary’s Hospital.
2.3 Site stands elevated above Hewitt
Crescent and is irregular in shape. Site has a cross fall between south to
north, the lowest point being in the north eastern area of the site to east of
Woolcombe Road.
2.4 Site currently accommodates a number of
vacant buildings which in the past served the Council’s library headquarters
with the remaining buildings being former small industrial units with all these
facilities having relocated. These buildings were all served off an existing
access off Parkhurst Road which runs alongside number 24 Hewitt Crescent. Site
also accommodates a parking area which serves a number of properties which
front Woolcombe Road.
2.5 In landscaping terms there is a small
area of trees located east of the electricity sub station. Site is bounded in
part by intermittent hedgerows particularly along its southern and eastern
boundaries.
2.6 Finally, the site carries an overhead
high voltage electricity line which runs in a west east direction across the
centre of the site and a secondary low voltage overhead line which clips the
western corner of the site running towards the north.
3. Relevant History
3.1 In September 2001 outline consent granted
for residential development on the western half of the site excluding the
Council owned land which contains the library headquarters and industrial units
to the east. That consent included the whole of the length of Hewitt Crescent
through to its junction with Partridge Road and the short length from that
junction with Partridge Road through to its junction with Parkhurst Road. That
outline consent covered access as a detail matter only with all other matters
being reserved. As such the application did not indicate any proposed density.
Having received no reserved matter application covering the details within the
required three years this consent is therefore expired.
3.2 That consent was subject of a number of
significant conditions which are itemized as follows:
·
Submission of drainage scheme which does not increase flow to the sewer
thus increasing frequency and volume of storm overflow events at Dodnor Lane
and Prior Crescent waste water pumping station.
·
Submission of a service water regulation system designed to separate
system complementing the existing combined sewer to reduce the incidents of
overflows.
·
Submission of a detailed scheme including calculations and capacity
studies in respect of foul water disposal.
·
Requirement that parking provision shall not exceed 75% of the parking
guideline of the Unitary Development Plan.
·
That any development on the site should indicate number and range of
dwellings sizes and types.
·
Prior to completion of 50% of open market housing an agreed number of
affordable housing units for rent shall be provided with the actual number
being a proportion of 20% of the total number of units of the overall site
including land to the east.
3.3 The above expired consent was granted to
H M Prison Service and formed one of eleven sites being identified as surplus
land owned by the Prison Service within the Camp Hill, Albany and Parkhurst
estates. Of those 11 applications 7 including the above mentioned site, were granted
outline consent, two were refused for reasons of being outside development
envelope boundary and two were not determined and were finally disposed of.
3.4 The strategy behind these applications
was to dispose of the sites, the income from which would enable funding for the
much needed upgrading of the existing highways, lighting and drainage, none of
which are adopted by the Council and are falling into greater and greater
disrepair.
3.5 In August 2002 an outline application for
residential development submitted by the Council was approved and related to
both the Prison Service land and the Council owned land excluding the land
accommodated by the industrial units and accessed off Parkhurst Road adjacent
St Mary’s Hospital cartilage. As with the above mentioned consent this consent
has now expired.
3.6 This consent also included improvements
to Hewitt Crescent and part of Partridge Road through to the junction with
Parkhurst Road. In general the conditions applied to this consent are the same
as quoted above with the addition of a condition requiring details of junction
improvements at Partridge Road/A3020 Parkhurst Road, a requirement to
investigate any possible contamination on the site necessary improvements to
Hewitt Crescent/Partridge Road to a standard suitable for adoption and a
specific requirement for a brick wall where any residential development abutted
the existing industrial units.
4. Development Plan Policy
4.1 National
policies covered in PPS1 – Delivering Sustainable Development, PPG3 – Housing
and PPG13 – Transport.
4.2 PPS1 emphasises the need to ensure
sustainable development (definition of sustainable development – development
that meets the need of the present without compromising the ability of future
generations to meet their own needs). In general it _mphasizes the key role of
planning to enable the provision of homes and a building investment and jobs in
a way which is consistent with the principles of sustainable development. It
recognizes that there are several economic and environmental social and other
factors which need to be taken into account however, the principle that all
applications should be considered in accordance with the statutory planning
policies unless material considerations indicate otherwise still apply .It also
recognizes the important use of conditions and obligation in ameliorating
adverse effects of development.
4.4
PPG3 emphasises the following:
·
Provide wider housing opportunity and choice including a better mix,
size, type and location of housing.
·
Create a more sustainable pattern of development insuring accessibility
to public transport, jobs, education etc.
·
Make more efficient use of land by adopting appropriate densities with
30 -50 units per hectare quoted as being an appropriate level of density with
higher densities being appropriate where proposals are close to transport
nodes.
·
New housing development should not be viewed in isolation but should
have regard to immediate buildings in the wider locality.
·
More than 1.5 parking spaces per dwelling unlikely to reflect the
Government’s emphasizes on sustainable residential development
·
Ensure delivery of affordable housing as part of any residential scheme
of an appropriate density. Such affordable housing should address local housing
needs with those needs being identified through a robust and up to date housing
need survey.
4.5
PPG13 emphasises the following:
·
Promotion of more sustainable transport choices.
·
Promotion of accessibility to jobs, shopping and leisure facilities,
services via public transport, walking and cycling.
·
Reduce the need to travel especially by car.
·
Document also encourages the introduction of maximum levels of parking
in order to promote sustainable transport choices.
4.6
Local Plan Policies (Strategic)
Relevant
policies of the Isle of Wight Unitary Development Plan are as follows:
·
S1 – New development will be concentrated within existing urban areas.
·
S2 – Development will be encouraged on land which has previously been
developed (brown field sites rather than undeveloped green field sites.)
·
S3 – New developments of a large scale will be expected to be located in
or adjacent to the defined development envelope of the main Island towns.
·
S7 – There is a need to provide for the development of at least 8,000
housing units over the planned period.
4.7
Relevant Local Plan Policies are as follows:
·
G1 – Development Envelopes for Towns and Villages
·
G4 – General Locational Criteria for Development
·
D1 – Standards of Design
·
H1 – Major New Residential Developments to be located within the main
Island towns
·
H2 – To ensure that large residential developments contain a variety of
house sizes and types.
·
H3 – Allocation of Residential Development Sites.
·
H6 – High Density Residential Development
·
H14 – Locally Affordable Housing as an Element of Housing Scheme.
·
TR3 – Locating Development to minimise the need to travel
·
TR6 – Cycling and Walking.
·
TR7 – Highway Considerations for New Development
·
TR16 – Parking Policies and Guidelines
·
U2 – Ensuring Adequate Education, Social and Community Facilities for
future population.
·
U11 – Infrastructure and Services Provision
·
L10 – Open Space in Housing
·
P3 – Restoration of Contaminated Land
4.8
Site is within Zone 3 of the Council’s Parking and Policies and
therefore any parking provision shall not exceed 75% of parking guidelines.
4.9 Site is allocated for residential
development and policy relating to that land is as follows:
“An area of land 1.59 hectares east of Parkhurst Road, north of St
Mary’s Hospital previously partly used as tree nursery is considered suitable
for residential development in conjunction with undeveloped land within the
southern part of residential estate to the north and possible re-development of
adjoining library headquarters site. This may be reduced for the proposed road
link from Parkhurst Road to Dodnor Lane. Presently occupied by library
headquarters and buildings housing a small number of light industrial units and
the development of the site will be relied upon suitable alternative
accommodation being found for some existing uses and subject to existing
vehicular access being improved.”
Members are advised that the
hospital no longer required the proposed link between Parkhurst Road and Dodnor
Lane referred to in the above statement and therefore the element of the policy
is now redundant.
4.10 Members attention is drawn to the
Supplementary Planning Guidance in respect of provision of affordable housing
which now requires a 30% provision subject to negotiation.
5. Consultee and Third Party Comments
5.1
Internal Consultees
·
Following considerable discussion involving the Traffic Management
Section of the Highways Department and given the limited information contained
in the Traffic Impact Report prepared on behalf of the Council, Highway
Engineer (Traffic Management Section) recommends the installation of signaled
controlled junction at the junction of Partridge Road with Parkhurst Road. Such
action would be required to link to any other signal controls in the area and
pay a commuted sum of 10 years maintenance of the equipment/anti skid surfacing.
In addition, the junction would need to be remodeled so that a segregated right
turn lane could be achieved.
·
The Council’s Environmental Health Department recommends appropriate
conditions covering the need to vet the site for potential contamination.
5.2
Internal Consultees
·
Southern Water comments are as follows:
Following initial investigations, there is
currently inadequate 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 system, and existing properties and land
may be subject to a greater risk of flooding as a result. Additional off-site
sewers, or improvements to existing sewers, will be required to provide
sufficient capacity to service the development. Section 08 of the Water
Industry Act 1991 provides a legal mechanism through which the appropriate
infrastructure can be requested (by the developer) and provided to drain a
specific location.
Should this application
receive planning approval, please include, as an informative to the permission,
the following requirement:
“The applicant/developer
should enter into a formal agreement with Southern Water to provide the
necessary sewerage infrastructure required to service this development. Please
contact Southern Water’s Network Development Team (Wastewater) based in
Otterbourne, Hampshire.”
Southern Water is aware
of the limited foul sewer capacity in this area. Various improvement works are
proposed over the next few years. This development is considered premature
unless the applicant proposes to utilize the S98 mechanism.
The applicant has not
stated details of the proposed means of disposal of surface water from the
site. This should not involve disposal to a public sewer.
·
Environment Agency raise no objection and suggest condition be applied
requiring the provision of a surface water regulation system is provided which
will not increase the risk of flooding of site. Any such scheme to be
maintained in accordance with the timing and phasing arrangements embodied
within the scheme etc. The EA also require a scheme for foul drainage to be
submitted.
·
Southern Electric have no objection to proposed development but advise
that any such development could affect their equipment (overhead power cables)
and relevant Health and Safety Executive guidelines must therefore be adhered
to.
5.3 Third Party Representations
Application has been subject of 11
letters of objection and comment, 9 from residents of Hewitt Crescent and 2
from residents of Partridge Road with points raised being summarised as
follows:
·
Concern that the traffic generated from a development of this density
will be excessive and will have an unacceptable environmental impact on
existing residents in Hewitt Crescent.
·
Concern that the increase in the width of Hewitt Crescent by 3 metres is
insufficient to alleviate the current problems experienced by Hewitt Crescent
residents and is unlikely to be sufficient to service the proposed development.
·
Concern that proposal will have an effect on the existing on-street
parking provision in Hewitt Crescent and that the increase in width may makes
no allowance for the on-street parking requirement for those resident.
·
General concern that Hewitt Crescent will be squeezed between the traffic
noise and pollution from Parkhurst Road and the increased noise and pollution
from traffic using the widened Hewitt Crescent which will be to the detriment
of the residents of Hewitt Crescent.
·
Whilst recognizing traffic calming measurements shown on the new
development, the proposal does not appear to indicate similar traffic calming
in Hewitt Crescent.
·
General concern that the junction of Partridge Road onto Parkhurst Road
will be unable to cater for this additional generation of traffic. One writer
suggests radical alterations including the introduction either of a roundabout
or traffic lights. Suggestion is that a wider strategic approach should be
adopted before approving this development in isolation.
·
Some writers are concerned regarding drainage issues making reference to
the general geology of the area causing water retention problems during wet
periods and the fear that this proposal will simply increase those problems.
·
The above mentioned issue could be exacerbated if those existing trees
on the site were to be removed as a result of this development.
·
A number of writers suggest that the existing thicket of trees should be
retained as a feature of any proposed development on this site.
·
Concern that this development will have an adverse impact on wild life
habitat which over the years has occupied this generally vacant area of land.
·
General concern that the existing drainage systems in the area are
incapable of accommodating this level of development and would need to be
upgraded. This concern relates to both foul and surface water drainage.
·
Because the open space area to the north of the site is elevated above
Hewitt Crescent any proposal to widen the road is likely to increase the
difference in height thus causing dangers to children who use that open space
area for play.
·
Application fails to indicate whether the current entrances to Hewitt
Crescent off Parkhurst Road are to be retained as such or are to be stopped up.
·
Concern that the inadequacy of parking provision in respect of the
proposed development.
·
Concern that construction works will cause extreme disturbance to local
residents with particular reference to the routing of construction vehicles and
the inability of local residents to be able to park their vehicles within
Hewitt Crescent.
·
Suggestion that this proposal provides an opportunity to improve street
lighting in the area.
·
Resident of Partridge Road is concerned that the widening of the road
will have an impact on the ability to park on–street. There are also concerns
regarding the effect increased traffic may have on the structural integrity of
the nearby properties.
6. Evaluation
6.1 Principle
The residential allocation of this
site is obviously an important material consideration in planning policy terms
with the information contained in the application effectively complying with
the written statement in respect of this allocation. Relocation procedures have
taken place or are in the process of being taking place and understand that
disposal of this site will be funding the mechanisms to achieve relocation.
Also the proposal clearly indicates existing vehicular access improvements as
described.
This is the first time an
application has been received which both includes in its entirety the Council
owned land and the Prison Service owned land, being the overall site subject of
the residential allocation in the Unitary Development Plan. The approval of
September 2001 related exclusively to the Prison Service owned land whilst the
consent of August 2002 related to both the Prison Service land but only part of
the Council owned land excluding the area which accommodated the industrial
units.
6.2
Density/Affordable Housing
Members will note that the
application not only seeks outline consent for principle but also indicates
siting and therefore density. Obviously to an extent the layout is indicative
but does indicate a variety of house sizes and types ranging from one bedroomed
flats to four bedroomed houses in compliance with local and national polices.
The result of such a mix which includes the provision of 24 flats is a density
of 60 units per hectare which is slightly higher than the general density
guidance within PPG 3 which advises 30-50 units per hectare. The reason for
this slightly higher density is the introduction of flats which will always
increase the actual density figures although that increase is not reflected in
terms of amount of footprint of development on the site. Also the advice given
is that the 30-50 units per hectare can be increased where a site is close to transport
facilities, which in this case is a fairly regular bus route between Cowes and
Newport. Therefore the density proposal which results from the mix and range of
dwellings is acceptable in this case with that range of dwellings providing
opportunities for first time buyers to enter the housing market.
6.3
Both the past outline consents previously granted in respect of parts of
this site has been conditioned to ensure provision of an appropriate proportion
of affordable housing. Those conditions were general in nature and required
that no more than 50% of any open market housing should be completed before the
affordable housing units for rent were constructed and made available through
registered social landlords. Significantly, those conditions related to the 20%
provision which has now been increased to 30% under the auspices of the
Supplementary Planning Guidance although that 30% is a starting point for
negotiations.
6.4
In view of the fact that this is a Council application the imposition of
a Section 106 Agreement is not possible. (The Council cannot enter into a S106
Agreement with itself). Given this situation, it is suggested the general
condition is applied covering the provision of affordable housing but secondly
an advisory letter be sent advising that any contractual sale of the site be
dependant on any future purchaser entering into a Section 106 Agreement in
conjunction with a registered social landlord in order to ensure deliverability
of locally affordable housing on the site. Such a procedure will inevitably be
dealt with through the submission of a Reserved Matter application or a
Detailed Application.
6.5
Any such affordable housing provision is negotiable dependant upon
costings and viability and could involve a mixture of rented and shared equity
ownership homes. It is also important to note that the site’s location relative
to the adjoining St Mary’s Hospital provides obvious advantages in providing
much needed longer term accommodation for hospital staff.
6.6 Highway Issues
This represents an
important issue flagged up at the time of the allocation for it is self evident
that Hewitt Crescent in its present form would be incapable of serving even a
modest level of development on this site. There are clear carriageway width,
alignment and parking problems along this road and this proposal provides a
valuable opportunity to address all those issues by carrying out the necessary
improvements. Of equal importance is the fact that the improvements will result
in a road which will achieve adoptable standard up to the junction with
Parkhurst Road. In this regard Members should note that Hewitt Crescent or
Partridge Road are not adopted roads with your officer’s understanding being
they are in the ownership of the Prison Service.
6.7 It is important to appreciate that the
consent granted to the Prison Service in September 2001 was one of eleven
applications for residential development on various sites throughout the prison
estates (Albany, Camphill and Parkhurst). It is important to appreciate that the
strategy behind the obtaining of these consents was to amass sufficient funds
from the sale of the sites to ensure an upgrading of the roads and the sewers
and street lighting bringing them all to an adoptable standard.
6.8 Unfortunately, the significant
infrastructure costs involved in bringing these site to fruition with
particular reference to drainage and highway improvement issues resulted in a
lack of interest with none of the sites coming forward in respect of detailed
proposals.
6.9 Part of the highway proposals in respect
of five of the service land sites on the Parkhurst estate (west side of
Parkhurst Road) was to create a new access junction onto Parkhurst Road at the
northern end of the existing recreation ground with that new junction being
traffic lit and accommodating both traffic generated by the proposed
developments on these various sites but also significantly involving the
closure of the junction of Clissold Road and Lonsdale Avenue with Parkhurst
Road with the re-routing of Clissold Road to link to the new signalised
junction proposal. This was considered to be an appropriate solution which
would have both provided a road system to serve the proposed developments but
also enabled the addressing of current road junction problems in the area with
particular reference to the junction of Clissold Road with Parkhurst Road.
Obviously, this was a costly solution which would have needed to be funded
through the sale of the various sites which would benefit from the road
improvement proposals. Your officer’s understand that this still represents the
ideal option although it is clear that costs would be loaded against the new
development thus impacting on their viability.
6.10 It should be noted that the above radical
road improvements proposals related to the sites on the western side of
Parkhurst Road with the current application site being the only site on the
eastern side and therefore relying on the junction of Partridge Road and
Parkhurst Road to serve the development in line with the Policy Statement in
respect of its allocation.
6.11 The Council have commissioned the
production of a report assessing the volume of additional traffic likely to be
generated as a result of the above proposal. It is important to emphasise that
this is not a full transport assessment but was required to assess estimates of
trips associated with the existing dwellings. Those estimates were based on
appropriate codes of practice. This information was required to effectively
enable a judgement to be made as to the level of road improvements which could
b reasonably applied to ensure that the junction of Partridge Road with
Parkhurst Road could adequately accept both the existing traffic generation
along with the additional traffic generation resulting from the current
development proposals.
6.12 The information contained within the brief,
Traffic Generation Report referred to above, whilst indicating traffic flows
onto Parkhurst Road did not provide information relating to current traffic
flows along Parkhurst Road and therefore the Highway Engineer is unable to
carry out an appropriate assessment as to whether or not improvements to the
Partridge Road/Parkhurst Road should be limited to road widening and provision
of a right hand turn lane or whether there is a need for traffic light junction
in addition. Therefore the Highway Engineer is taking a worst scenario stance
in this case continuing to require the traffic lit junction.
6.13 Obviously the imposition of the need for a
signalised junction will have an impact on viability of the development of the
site which is residentially allocated. Such costs will be loaded entirely on
this development which would also be expected to generate full provision of
affordable housing along with other possible financial contributions.
.
6.14 Whilst recognizing that the requirement for
a signalised junction goes beyond that which was required in respect of the
approval granted in August 2002 but is a reflection of the increase in traffic
flows generally and the need to ensure a safe junction is provided to cater for
the additional development being proposed.
6.15 More significantly is the impact that a
signalised junction may have on the ability to implement the new traffic lit
access junction which was proposed a short distance to the south along
Parkhurst Road, as previously described. Obviously such a proposed junction
represents a significant cost factor on development but this would be loaded
onto several development sites involving a significant area of land and
therefore it was considered that these could be absorbed more readily.
6.16 It is important however to note that these
past approvals (4 number) have all expired and any further proposal to develop
these sites would require the benefit of further applications. Discussions are
presently on going which could result in applications being submitted early in
the New Year.
6.17 Whilst there are concerns about the
position of a signalised highway improvement junction and the effect this may
have on the overall viability of the scheme your officers have no option but to
impose the condition on the advice of the highway engineer. I would suggest
however, that a caveat be placed within the condition to enable the matter to
be revisited should other circumstances occur with particular reference to
development of the land on the western side of Parkhurst Road. Such a caveat
would enable a more holistic approach to traffic junction improvements on the
basis that there is likely to be greater certainty as to development proposals for
the area in the near future.
6.18 Members will note that the application
includes the two existing accesses off Parkhurst Road one between properties 22
and 23 Hewitt Crescent and the other being the former vehicular access which
served the industrial units and the former Cowes library headquarters adjacent
34 Hewitt Crescent. In terms of the latter access the submitted layout
indicates the conversion of this access into a footpath/cycle way only and
therefore an appropriate condition covering this conversion and its effective
closure as a vehicular access would be appropriate in this case.
6.19 With regard to the former access between 22
and 23 Hewitt Crescent there is no doubt that this represents a positively
dangerous access both in terms of ingress and particularly egress onto
Parkhurst Road. It is considered that as the application includes this access
it provides an opportunity to apply condition requiring its closure for
vehicular use. The obvious reason for this suggestion is in the interest of highway
safety and particularly given that proposal provides for the improvements to
Hewitt Crescent and the junction of Partridge Road with Parkhurst Road the
availability of which when complete may discourage the continued use of this
existing dangerous access. There may be individual rights laid down between the
owners of properties in Hewitt Crescent and the Prison Service in respect of
the use of this access which will need to be subject of discussion and
negotiation between those two parties outside the remit of planning
legislation. Therefore it is suggested that any condition requiting its closure
is subject to a reasonable time period within which agreement can be reached.
Any failure to agree would obviously result in the need for that condition to
be revisited by way of an application to either remove the condition altogether
or extend the time period within which the access should be closed. This apart
however, the application provides this opportunity which the planning authority
should take up at this time.
6.20 Landscape/Open Space
It will be noted that the site has
limited existing landscape features however these are important and indeed the
application has been revised in terms of the alignment of the proposed estate
road to ensure greater level of retention of trees within the site. I consider
that this along with the retention of the perimeter hedgerows and tree
boundaries will reduce the impact on existing landscape and any ecology which
currently resides within that existing landscape.
6.21 The submitted layout also indicates
additional small areas of open space within the proposed development. Also
significantly the proposal provides for open space adjacent to the proposed
access off Hewitt Crescent which will be directly attached to the existing
significant open space area to the east of Hewitt Crescent and zoned as such in
the Unitary Development Plan. Therefore adequate provision has been made for
open space and landscape proposals.
6.23 In terms of the impact of the Hewitt Crescent
road improvement proposals on the existing open space and more importantly the
safety of the use of that open space which again has been addressed by
provision for a fence of appropriate height and design along the top of the
embankment which will formed by the widening of Hewitt Crescent and is required
because of the elevated nature of the open space land. It is considered that
this will be sufficient to address any safety concerns in respect of children
playing on this open space area.
6.24 Drainage
Members will note that the major
problems with developments on sites in this area has been the inability of
existing drainage systems in the area to service the site. Following extensive
discussions between the various agencies close to resolution although obviously
there are cost factors involved. The Environment Agency’s comments are
self-explanatory. Southern Water have been consulted in this instance but at
time of preparing report their views have not been received. This apart however
Members will be aware that Southern Water have a duty to provide satisfactory
foul sewer drainage to service development in accordance with appropriate
legislation although the costs of installing such schemes will need to be borne
by the development in direct agreement with Southern Water. Therefore whilst
the achievement of a solution is near resolution, in the absence of any
detailed information it would be appropriate to continue to apply the previous
drainage conditions which related to the approval of August 2002. In this
regard Members should note the Environments Agency’s recommended condition.
7. Conclusion and Justification for Recommendation
7.1 Having
given due regard and appropriate weight to all material considerations referred
to in this report, your officers are satisfied that these outline residential
proposals are satisfactory subject to conditions that are appropriate to this
allocated site. The application of the conditions are particularly important in
this case to ensure that controls can be exercised in relation to necessary
road improvements, provision of affordable housing, provision of appropriate
drainage solutions and protection of existing landscape and open space
provision. Your officers also consider that the mix and range of dwellings along
with the resultant density is acceptable in this location and therefore the
application is recommended for conditional approval subject to advisory note
covering the need for any future applicant other than the Council submitting
the detailed application to enter into a Section 106 Agreement in conjunction
with a registered social landlord to ensure deliverability of affordable
housing on the site.
8. First Recommendation
Conditional
Permission be granted.
Conditions/Reasons:
1 |
The development hereby permitted
shall be begun either before the expiration of 5 years from the date of this
permission, or before the expiration of 2 years from the date of approval of
the last of the reserved matters to be approved, whichever is the later. Reason:
To comply with Section 92 of the Town and Country Planning Act 1990. |
2 |
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 permission. Reason: To comply with Section 92 of the
Town and Country Planning Act 1990. |
3 |
Approval of the details of the
design and external appearance of the building(s), and the landscaping of the
site (hereinafter called "the reserved matters") shall be obtained
from the Local Planning Authority in writing before any development is
commenced. Reason:
In order to secure a satisfactory development and be in accordance
with policies S6 (Standards of Design), D1 (Standards of Design), D2
(Standards of Development Within the Site), D3 (Landscaping), TR7 (Highway
Consideration for New Development) of the Isle of Wight Unitary Development
Plan. |
4 |
Any reserved matter or detailed
permission granted following this outline consent shall not be initiated by
the undertaking of material operations as defined in Section 56 (4 A - D) of
the Town and Country Planning Act 1990 in relation to the development until
planning obligation pursuant to Section 106 of the said Act relating to the
land has been made and lodged with the Local Planning Authority and the Local
Planning Authority has notified the person submitting the same that it is to
the Local Planning Authority's approval. The said planning obligation will
provide for: Provision of affordable housing to
satisfy a local need to be made up of up to 30% of the total number of units
on the overall site. Provision of an agreed educational
financial contribution. Management of Open Space Areas Reason: To ensure the provision of
affordable housing, and education facilities in compliance with policy U2 (Ensuring
Adequate Education, Social and Community Facilities for the Future
Population), policy H14 (Locally Affordable Housing as an Element of Housing
Schemes) of the Isle of Wight Unitary Development Plan and Statutory
Supplementary Planning Guidance - Affordable Housing. |
5 |
No development shall be commenced
until a scheme has been submitted to and approved in writing by the Local
Planning Authority in respect of the following details: The revision of a surface water
regulation system is designed and implemented in accordance with those
approved details supported by detailed calculations. Any such scheme shall
ensure that any increase in load to the sewers does not increase the
frequency and volume of storm overflows at Dodnor Lane pumping station or Prior
Crescent. Scheme must include maintenance programme and establish ownership
of the drainage system. The agreed scheme shall be
implemented and subsequently maintained in accordance with the timing and
phasing arrangements embodied within the scheme or within any period agreed
in writing by the Local Planning Authority. Reason: To protect the River Medina
estuary designated under EC directive for shell fish waters, to ensure an
adequate system of surface water drainage is provided for the development and
that existing small streams in the area are protected from additional flows
from the proposed development thus minimising the risk of flooding all in
compliance with policy C7 (River Corridors and Estuaries), policy U11
(Infrastructure and Services Provision) of the Isle of Wight Unitary
Development Plan. |
6 |
Details of the design and
construction of any new road, footways, accesses, car parking areas with
details of the disposal of surface water drainage therefrom shall be
submitted to and approved by the Local Planning Authority prior to
commencement of works. Such details shall include the improvements and
widening of Hewitt Crescent through to its junction with Partridge Road to a
standard suitable for adoption by the Highway Authority. Such details shall
also include provision of parking facilities on the eastern side of Hewitt
Crescent. Reason: To ensure an adequate standard
of highway access and drainage for the proposed dwellings and to improve the
access route to the site from the A3020 Parkhurst Road in compliance with
policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development
Plan. |
7 |
Details of the design and
construction of any retaining walls along with details of the type, height
and materials in respect of any fencing along the eastern boundary of the
improved Hewitt Crescent road with the existing open space area shall be
submitted to and approved by the Local Planning Authority prior to any works
commencing. Any such retaining wall and fencing shall be retained and maintained
thereafter. Reason: In order to protect both
existing and future users of the open space area in compliance with policy L4
(Protection of Open Spaces, Village Greens and Allotments) of the Isle of
Wight Unitary Development Plan. |
8 |
No dwelling shall be occupied
until both parts of the roads and drainage system which serve the dwellings
have been constructed in accordance with a scheme agreed by the Local
Planning Authority including any agreed improvements and widening to Hewitt
Crescent and Partridge Road, (see condition 6) and any agreed retaining wall
and fencing between Hewitt Crescent and the open space area (see condition
7). Reason: To ensure an adequate standard
of highway access to the proposed dwellings in compliance with policy TR7 (Highway
Considerations) of the Isle of Wight Unitary Development Plan. |
9 |
No dwelling hereby permitted shall
be occupied until space has been laid out within the site and drained and
surfaced in accordance with details to be submitted to and approved by the
Local Planning Authority for cars/bicycles to be parked and for vehicles to
be loaded and unloaded and for vehicles to turn so that they may enter and
leave the site in a forward gear. Space shall not thereafter be used for any
purpose other than that approved in accordance with this condition. Reason: To ensure an adequate level of
on street parking provision in compliance with policy TR16 (Parking Policies
and Guidelines) and policy TR6 (Cycling and Walking) of the Isle of Wight
Unitary Development Plan. |
10 |
No development shall commence on
site until details of the improvements to the junction of Partridge Road with
the A3020 Parkhurst Road have been submitted to and approved by the Local
Planning Authority. Such improvements shall include for the creation of a
traffic lit junction, carriageway widening and the provision of a right turn
lane in Parkhurst Road. None of the proposed dwellings hereby approved shall
be occupied until these junction improvements have been completed in
accordance with agreed details or as otherwise may be agreed with the Local
Planning Authority. Reason: To ensure an adequate standard
of highway and access for the proposed dwellings in compliance with policy
TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan. |
11 |
In this condition "retained
hedge or hedgerow" means an existing hedge or hedgerow which is to be
retained in accordance with the approved plans and particulars. No retained hedge or hedgerow
shall be cut down, uprooted or destroyed, nor shall any retained hedge or
hedgerow be reduced in height other than in accordance with the approved
plans and particulars, without the written approval of the Local Planning
Authority. If within a period of 5 years from
the completion of the development the whole or any part of any retained hedge
or hedgerow is removed, uprooted, is destroyed or dies, another hedge or
hedgerow shall be planted at the same place and that hedge or hedgerow shall
be of such size and species, and shall be planted at such time, as may be
specified in writing by the Local Planning Authority. The erection of fencing for the
protection of any retained hedge or hedgerow shall be undertaken in
accordance with the approved plans and particulars before any equipment,
machinery or materials are brought onto the site for the purposes of the
development, and shall be maintained until all equipment, machinery and
surplus materials have been removed from the site. Nothing shall be stored or placed in any fenced area in
accordance with this condition and the ground levels within those areas shall
not be altered nor shall any excavation be made or fire be lit, without the
written consent of the Local Planning Authority. Reason:
To ensure the continuity of amenity afforded by existing hedges or
hedgerows and to comply with policy D1 (Standards of Design) of the IW
Unitary Development Plan. |
12 |
No development shall take place
until a programme of scrub, shrub and ground clearance has been submitted to
and approved in writing by the Local Planning Authority. The programme shall be carried out as
approved. Reason:
To minimise disturbance to wildlife and to comply with policy C8
(Nature Conservation as a Material Consideration) of the IW Unitary
Development Plan. |
13 |
No retained boundary hedgerow or
tree shall be indicated to be within privately owned domestic gardens which
will be retained as a public amenity in accordance with a scheme to be
submitted to and agreed with the Local Planning Authority. Reason: To ensure long term retention of
these landscape features in the interests of nature conservation in
compliance with policy D3 (Landscaping) of the Isle of Wight Unitary
Development Plan. |
14 |
A landscape management plan,
including long-term design objectives, management responsibilities and
maintenance schedules for all landscape areas, other than privately owned,
domestic gardens, shall be submitted to and approved by the Local Planning
Authority prior to the occupation of the development or any phase of the
development, whichever is the sooner.
The landscape management plan shall be carried out as approved. Reason:
To ensure long-term maintenance of the landscaping of the site/
development and to comply with policy D3 (Landscaping) of the IW Unitary
Development Plan. |
15 |
[The plans and particulars
submitted in accordance with conditions (#) shall include:] [No development
shall take place until there have been submitted to and approved in writing
by the Local Planning Authority: A plan showing the location of,
and allocating a reference number to, each existing tree on the site which
has a stem with a diameter, measured over the bark at a point 1.5 metres
above ground level, exceeding 75mm, showing the species, girth or stem
diameter, height, crown spread, state of health and stability of each tree,
together with details of those trees that are to be retained and details of
any proposed topping or lopping; Details of any proposed topping or
lopping of any tree on land adjacent to the site; A plan showing existing ground
levels and details of any proposed alterations thereto and of any proposed
excavations; A plan showing the location,
spread, height, species and state of health of all existing hedgerows, hedges
and other areas of vegetation on the site, together with details of those
that are to be retained and details of any that are proposed to be cut back
or removed, wholly or partially; A plan showing the location,
levels and dimensions of all existing watercourses, drainage channels and
other aquatic features on the site, together with details of those that are
to be retained and details of any works proposed thereto; Details of all existing boundary
features and means of enclosure at the site, together with details of those
that are to be retained and details of any works proposed thereto; Details of all existing buildings,
structures and services on the site, including hard surfaces, together with
details of those that are to be retained and details of any works proposed
thereto; Details of the specification,
position and programme of implementation of any measures to be taken before
or during the course of development for the protection from damage of
anything to be retained; The erection of fencing for the
protection of anything to be retained shall be maintained until all equipment,
machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any
area fenced in accordance with this condition and 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. Development
shall be carried out in accordance with the plans, particulars and details
approved pursuant to this condition. Reason:
To allow the proper consideration of the impact of the proposed
development on the amenity value of the existing site and to comply with
policy D3 (Landscaping) of the IW Unitary Development Plan. |
16 |
No part of the development hereby
permitted shall commence until there has been submitted to and approved in
writing by the Local Planning Authority: A desk-top study documenting all
previous and existing land uses of the site and adjacent land in accordance
with national guidance as set out in Contaminated Land Research Report Nos. 2
& 3 and BS10175: 2001; and, unless otherwise agreed in
writing by the Local Planning Authority, a site investigation report
documenting the ground conditions of the site and incorporating chemical and
gas analysis identified as appropriate by the desk-top study in accordance
with BS10175: 2001 – “Investigation of Potentially Contaminated Sites – Code
of Practice”; and, unless otherwise agreed in
writing by the Local Planning Authority, a remediation scheme to deal with
any contaminant including an implementation timetable, monitoring proposals
and a remediation verification methodology. The verification methodology
shall include a sampling and analysis programme to confirm the adequacy of
decontamination and an appropriately qualified person shall oversee the
implementation of all remediation. The construction of buildings
shall not commence until the investigator has provided a report, which shall
include confirmation that all remediation measures have been carried out
fully in accordance with the scheme. The report shall also include results of
the verification programme of post-remediation sampling and monitoring in
order to demonstrate that the required remediation has been fully met. Future
monitoring proposals and reporting shall also be detailed in the report. Reason: To protect the environment and
prevent harm to human health by ensuring that where necessary, the land is
remediated to an appropriate standard in order to comply with Part IIA of the
Environmental Protection Act 1990. |
17 |
Prior to occupation of any dwellings
hereby approved the existing access off Parkhurst Road (A3020) which serve
the industrial units and former library headquarters shall be stopped up to
prevent vehicular traffic access but shall be retained for use as a
cycle/footpath access in accordance with details to be submitted to and
approved in writing by the Local Planning Authority. Any such details shall
include information relating to width, surface treatment, lighting and
landscaping and shall be constructed to a standard suitable for adoption by
the Highway Authority. Reason: In the interests of highway
safety and to ensure an adequate standard of cycleway/footpath is provided to
comply with policy TR6 (Cycling and Walking) and TR7 (Highway Considerations)
of the Isle of Wight Unitary Development Plan. |
18 |
No later than six months after the
day on which the first dwelling is occupied the existing access off Parkhurst
Road (A3020) between numbers 22 and 23 Hewitt Crescent shall be permanently
closed to vehicular traffic in accordance with details to be 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. |
Second Recommendation:
That an advisory note be sent to the
Property Services department emphasising the importance of the contents of
condition number 4 and the importance that any applicant other than the Council
submitted the detailed or reserved matter application should be aware of the
need to enter into a Section 106 Agreement in conjunction with a registered
social landlord to ensure deliverability of affordable housing on this site.
06 |
Reference Number: P/01864/05
- TCP/10858/N and P/01867/05 - CAC/10858/M Parish/Name: Ryde
- Ward/Name: Ryde North East Registration Date:
23/09/2005 - Full Planning Permission Officer: Mr J
Mackenzie Tel: (01983) 823552 Applicant: Mr J Tilden-Smith Demolition of building; construction of 3 storey building
with accommodation in roof space to form 14 flats; alterations to vehicular
access, parking areas & landscaping (revised scheme) 26 Bellevue Road, Ryde, PO332AR Plus Conservation Area Consent for demolition of building
in connection with construction of 3 storey building with accommodation in
roof space to form 14 flats; alterations to vehicular access, parking area
& landscaping (revised scheme) |
These applications are both
recommended for Refusal
REASON FOR COMMITTEE CONSIDERATION
This is a major planning application
which has proved to be contentious by reason of conflicting policy
considerations and the site’s location within the Conservation Area. It can be
considered concurrently with the Conservation Area Consent application
accompanying.
1. Details
of Application
1.1 These two applications seek full
permission and Conservation Area consent for the demolition of the existing
building and for its replacement with 14 flats. Plans show a four storey
building with the upper floor contained within the roof space, a single block
but due to existing levels, first floor would be set at approximately road
level. Building is shown to be roughly ‘S’ shaped with a projection at front
and rear giving relief to those elevations, constructed in facing brickwork,
stone faced quoins and plinths, stone headers and quoins to windows with some
sections rendered and painted. Details also include brackets beneath eaves,
cills and string courses. First floor level accessed from highway via a bridge
leading to a stair and lift well situated centrally in the plan form and capped
by a central turret feature above roof level. Upper floor containing two
penthouse units lit by roof lights and dormers.
1.2 Flats are two bedroomed (one en-suite),
kitchen and bathroom and lounge/diner varying between 70 and 86 sq m except for
the penthouse flats which are approximately 100 sq m. Outside proposal involves
utilization of the existing access into an area currently used for car parking
where it is proposed to provide five car parking spaces only but also to
include an additional building to contain a secure bicycle store and bin store.
The remaining part of the site is laid out to landscaped areas except for a
pedestrian footpath leading from the parking area to both the rear entrance for
pedestrians and to a communal garden situated in the north western corner. The
existing front boundary wall of the site is proposed to be retained at the
western extent, at the eastern end of the frontage but, between the building
and Bellevue Road it is proposed to retain part of the wall and to provide
wrought iron railings to a height commensurate with the existing stone wall.
The access is intended to be maintained in its present form.
1.3 Details of justification for demolition
of existing building. Situated in a Conservation Area and comprising the
demolition of a substantial building, Conservation Area consent is required for
the demolition of the existing structure. As before, accompanying the
application are three alternative feasibility studies, each with the intent of
retaining the existing building and comprising the conversion of same into
apartments; the converting/upgrading including the partial re-roofing of the
flat roofed areas to convert the building into apartments; the partial
demolition of the existing building and conversion of the remaining structure
and extension forming additional self-contained flats.
1.4 Each of these alternatives has financial
implications and each concludes that they are all uneconomic and therefore
unviable. The building is in a poor state of maintenance and is deteriorating
but appears to be structurally sound. Since the previous application, the
building has deteriorated further and is now boarded up to prevent access and
reduce vandalism.
2. Location and Site Characteristics
2.1 Site has an approximate area of 0.15
hectares and is presently occupied by a substantial two/three storey building
which is not listed but the majority of it is of Victorian origin. It has been
extended by the addition of a two storey flat roofed wing at the rear and the
existing building has been painted white with the quoins picked out in black.
Formerly used as a nursing home, the building is now empty and the grounds are
beginning to grow over.
2.2 To the north east of the site is a
terrace of three modern two storey dwellings or maisonettes which front onto
East Street; to the west is a pair of modern semi-detached properties but the
area is one of mixed development, some two and some three storeys, fairly
substantial properties in large sites.
2.3 In close proximity, directly to the north
but within the site, is the route of the tunnel serving the railway linking
Ryde St John’s to the Esplanade railway station. The front boundary with
Bellevue Road is a mix of stone walls and iron railings and there is no footway
on that side of the highway. The site contains some trees, the majority of
which are located along the northern boundary and a single, substantial tree
immediately adjoining the existing building on its eastern side.
3. Relevant History
3.1 At 6 September 2005 meeting a three and
four storey building to form 14 flats and an application for the associated
conservation area consent for demolition were both refused on grounds of
inappropriate design and adverse affect on the Conservation Area and, in the
case of the application for Conservation Area consent, on grounds that the
replacement building was not of sufficiently high standard of design.
3.2 In July 2004 an application seeking
consent for the demolition of the existing building and redevelopment of the
site with 12 three storey town houses was refused for reasons of inappropriate
design, external appearance and inappropriate scale and character and, in
addition, on the basis that insufficient detail had been submitted to justify
the demolition of the building which is located within the conservation area.
Also, a further reason for refusal was on the basis of an inadequate access due
to limited visibility.
4. Development Plan Policy
4.1 National Policy Guidance
PPS1 (Delivering Sustainable
Development) require schemes to be good enough to approve, not bad enough to
refuse.
PPG3 (Housing) supports the use of
brownfield sites within urban areas especially increased densities for best use
of urban land.
PPG15 (Planning and the Historic
Environment) refers to development within conservation areas, especially
regarding demolition of non-listed buildings.
4.2 UDP Policy
Policy D1 – Standards of Design; D2
– Standards for Development within the Site; B6 – Protection and Enhancement of
Conservation Areas; B7 – Demolition of Non-Listed Buildings and TR7 – Highway
Considerations for New Development are applicable.
4.3 The site is not within an Area of
Outstanding Natural Beauty but is within the Designated Conservation Area but
the building is not listed.
5. Consultee and Third Party Comments
5.1 Internal Consultees
·
Highway Engineer recommends conditions if approved but wishes to limit
the use of the access in connection with this development to a level
commensurate with the approved use. Accordingly, he recommends a maximum of
five car parking spaces. Recommends a comprehensive landscaping scheme in order
to prevent additional parking on site.
·
The justification for the demolition of the non-listed building in the
conservation area is identical to that submitted previously which was reviewed
by the Property Services Department. This information included three
alternative feasibility studies as detailed above and it was concluded that the
building costs explained therein were reasonable and that the sales values are
also realistic.
·
Conservation and Design Team comments.
Concern is raised that
the proposed building is not appropriate to this part of the conservation are
by virtue of its bulk, assertiveness and apparent status and ancillary works
required to support it. This is not clearly illustrated in the submission which
provides only minimal contextual illustration.
·
Bellevue Road is for more than half its length, a road of “backs”,
having historically provided the service accesses to properties in Melville
Street. Thus the character of the eastern part, walls, trees and a narrow low
status road. The western end provides for the sides of large properties
fronting the major road and some older houses set well back. Tilden House and
the pair of modest, modern semis adjacent to it are the only properties
fronting the road and they are relatively modest retaining the scale of this
road which is almost a back lane.
·
The site is constrained by the presence of the tunnel and that a large
area must remain undeveloped. The proposal places a large building, a long
bin/cycle store and very urbanized parking and access arrangement in what is a
very low key, modest and green space within the Conservation Area.
·
The building itself in elevation is a reasonable pastiche of a period
building, but its large and deep plan form necessitates the use of a large area
flat roof and the lower floors are close to retaining walls at the front. It is
not set back as are other buildings of this apparent status locally.
·
Accordingly, the proposal may be considered as over development in an
overassertive form which is inappropriate to its location within the
Conservation area. Thus it fails to preserve of enhance that area contrary to
the advice in PPG15, PPS1 and Policies contained within the UDP.
5.2 External Consultees
·
Network Rail expresses areas of concern (but raise no objection) wishing
to ensure safeguarding the tunnel to the rear of the site.
·
English Heritage commenting on the original proposal observed that the
existing building was found to be sound but with poorly designed, more modern
extensions; considered that the replacement building was of excessive mass which
would have an adverse effect on the Conservation Area.
5.3 Third Party Representations
·
Town Council comments – not applicable.
5.4 Neighbours
·
One letter raising concern over position of tunnel, inadequate drainage,
subsidence and traffic problems.
·
Two letters of objection, from the same local resident claiming
inadequate consultation, excessive height; inappropriate development of
excessive mass in the Conservation Area; loss of privacy due to inclusion of
windows in side elevation. Adverse effects on Rail tunnel; unjustified reasons
to demolish.
6. Evaluation
6.1 The
main issues relating to this application are:
·
Policy and principle
·
Justification for demolition of a property in the Conservation Area
·
The design of the replacement building in this Conservation Area setting
·
Traffic and access implications
·
Effect on adjoining properties and proximity to the tunnel
6.2 As with the previous application which
was refused, the site is located within the development envelope and in an area
predominantly residential use. In purely land use terms, the residential use of
the land is acceptable in principle and policy terms, the utilization of
brownfield sites and the best use of urban land and consistent with national
and local policies. Given the area of the site overall density is acceptable.
6.3 In order to carry out redevelopment in
the Conservation Area, the justification for the demolition of the existing
building is the first step. PPG15 makes it quite clear that the general
presumption should be in favour of retaining buildings which make a positive
contribution to the character and appearance of the Conservation Area and to
demolish such buildings it should be assessed against the broad criteria as
proposals to demolish listed buildings. It continues by advising that in less
clear cut cases, where a building makes little or no such contribution, the
Local Planning Authority will need to have full information about what is
proposed for the site after demolition. It is usual for the demolition to be prohibited
until there are acceptable detailed plans for redevelopment and, in the event
that both planning permission and conservation area consent for demolition and
redevelopment of the site are granted the demolition does not commence until a
binding contract for the commencement and implementation lf the replacement
development has been provided.
6.4 In order to justify the demolition of a
non-listed building in a conservation area, all matters should be considered in
reaching a decision as to whether Conservation Area Consent should be granted.
The criteria can be wide ranging but essentially fall into the following
categories. Firstly the visual contribution the existing building makes to the
conservation area. Assuming the building is of insufficient architectural merit
alone or in a group to warrant it being included in the listing, some buildings
still can contribute significantly if only by way of continuity of the style of
buildings in a particular area. Structurally, if the building is in poor condition,
the economics of repair and refurbishment are also factors which are
inextricably linked with alternative developments or uses for such sites Lastly, but by no means least the visual
impact of the loss of the building and its potential replacement are major
factors in determining whether such a scheme should be accepted.
6.5 In this instance, as with the previous
scheme, three alternatives were included by the agent to see if conversion to
flats, for example, would make the retention of the building economically and
practically viable. As mentioned above, these schemes were evaluated by the
Property Services Department who considered them to be realistic alternatives
but the schemes proved to be unviable.
6.6 The former application, refused at the
September meeting was originally submitted in a similar form as the application
now under consideration. With that application, negotiations took place in
order to achieve a design which, in effect, reduced the mass of the building
visually by dividing into three separate elements. The application as now
submitted has not been negotiated and is similar in form to the original plans
submitted in the last application. Members will be aware that Ryde has a fairly
distinctive design style and is well known for its roofscapes and design
articulation. The design of a building on this site should be capable of
integrating well with the understated simple, elegant late Regency/early
Victorian style.
6.7 In determining this application Members
will need to be mindful that the development should be sufficiently high
quality to grant planning permission (and conservation area consent) rather
than “not bad enough to refuse”.
6.8 Whilst the building has regard to
features found within the vicinity and wider Conservation Area and therefore
represents a fair pastiche of a period building, it does represent a
significant increase in mass stemming at least in part from the significant
increase in ground coverage, whilst this may not be excessive in another
situation, in this context the mass does result in an over development and over
assertive form, imposing on adjoining development to an unacceptable degree in
the conservation area.
6.9 In terms of traffic and access, the
conflict was previously seen as that of the existing establishment which only
had sufficient car parking for five vehicles used in connection with the former
nursing home. The increase in provision of a greater capacity of car parking
would lead to an increase use of the vehicular access which, in turn, would
necessitate the improvement of the visibility by creating a much wider access
or visibility splays and the removal of some of the brick and stone boundary
wall running along the Bellevue Road frontage. This would have an adverse
effect on the Conservation Area as it is characterised by a substantial
boundary walls and a sense of enclosure. However, limitation to the same level
of existing use, and the number of vehicles to be accommodated at a maximum of
5 meets with the approval of the Highways Engineers who recognise that in this
location a reduction a parking provision may be made due to UDP policies and
advice in PPG13 (Transport).
6.10 Following criticism at the previous
application stage, this revised scheme incorporates a cycle parking and bin store
building, a long narrow single storey pitched roof structure located
immediately to the east of the new building and accessed from the car park.
This building would be at a lower level due to the reduced ground levels within
the site at that point and visible obliquely through the access point from
Bellevue Road. It is unlikely to be easily visible within the streetscene due
to the retention of the boundary wall and screening by the proposed building.
However, in the context of the site itself it would be an extremely prominent
feature from within and not ideal in terms of its design in relation to the
conservation area.
6.11 Turning to the effect on adjoining
properties, the pair of semi-detached houses located to the west of the site,
numbers 24 and 24A Bellevue Road are likely to be the only properties directly
affected. The revised scheme shows the elevation which fronts onto that pair of
semi-detached houses as being three storeys in height and windows incorporated
in that elevation serving bedrooms and a secondary lounge window which could
affect the privacy of the adjoining property. The secondary lounge windows
could be obscure glazed or, at least, comprise the bottom half with obscure
glazing in order to maintain adequate levels of privacy and if permission was
granted this could be conditional. It is arguable that the three storey
building would have a dominant effect on the adjoining property due to the
distances involved, 6m from the adjoining property but one whole floor of the
development will be below road level thus giving a relatively similar overall
height.
6.12 The tunnel, through which the Island line
runs between Ryde Esplanade and Ryde St John’s Stations is situated only a few
metres to the north. Bearing in mind this particular feature, liaison has taken
place between the agent and Network Rail who has set out the criteria and
conditions which need to be observed. No objections are raised providing those
safeguards are undertaken.
6.13 In the event that planning permission and
conservation area consent are granted, a Section 106 obligation will be
required to cover education, open space contributions and for transport
infrastructure.
7. Conclusion and Justification for
Recommendation
7.1 Situated in the Conservation Area and
comprising a comparatively large building mass, the site is underlain. by the
railway tunnel which places a constraint on the site, forcing development to
the south west corner due to structural considerations and proximity to the
tunnel beneath. The loss of the building in the Conservation Area has been
investigated and treated as those the building were listed, as required by
PPG15. It is not listed but its style does make some contribution to the
character of the area, however, in practical terms, retention of the building
appears to be uneconomically viable as a conversion and retention of most of
the structure for residential purposes has proved to be uneconomically viable.
Without redevelopment the site is likely to fall into further disrepair and
dereliction, detracting further from the Conservation Area.
7.2 The former use as a nursing home ceased
some while ago due to the inability of the property to be adapted to meet
modern standards and upgrading has also proved an uneconomic proposition. In
addition, there is no policy objection to the loss of nursing homes and the
proposal seeks the most appropriate use in this location which is for
residential purposes.
7.3 This is a very substantial development
and it is clear that only five car parking spaces are proposed but this
restriction on parking is an important one since it provides no increase in
vehicular provision on site. Increased use of the access would necessitate a
significant increase in standard of access to obtain visibility splays which
would mean the loss of a large proportion of the stone wall which charaterises
the Conservation Area as there is not footway on this side of Bellevue Road,
the need to improve visibility would be increased. On balance it is more
desirable to retain the character of the area rather than provide for
additional car parking.
7.4 This scheme, with some revision, has been
submitted in a similar form originally but following that revision the
last application was refused as it was still felt inappropriate at that time and
it was felt appropriate to negotiate a more acceptable solution. In effect, the
scheme has reverted to a form similar to the original from which negotiations
commenced. In essence the building is considered to be of excessive mass and
inappropriate in the conservation area and therefore whilst consistent with
some UDP policy is contrary to Policies B6, D1 and D2 and contrary to PPG15,
Planning and the Historic Environment.
8. Recommendation
Refusal
Conditions/Reasons:
1 |
The proposed development, by reason
of its position, design, scale, mass and external appearance, would be an
intrusive development, out of character with the prevailing pattern of
development in the locality as well as having an adverse affect on the
amenities of the adjoin gin residential properties and within a conservation
area fails to enhance or preserve the current amenity value and accordingly
is contrary to Policies S10 (If it will conserve or enhance the features of
special character of these areas), B6 (Protection and Enhancement of
Conservation Areas), S6 (To be of a high standard of Design) and D1
(Standards of Design) of the Isle of Wight Unitary Development Plan) |
Conditions/Reasons for Conservation Area Consent –
P/01867/05 – CAC/10858/M
1 |
The proposal does not provide for
a suitable replacement leaving an unsuitable gap in the streetscene which
falls within a designated conservation area, failing to enhance and preserved
the amenities of the area and also contrary to S10 (If it will conserve or
enhance the features of special character of these areas) and Policy B6
(Protection and Enhancement of Conservation Areas) of the Isle of Wight
Unitary Development Plan. |
07 |
Reference Number: P/01930/05
- TCP/27308 Parish/Name: Newport
- Ward/Name: Mount Joy Registration Date:
11/10/2005 - Full Planning Permission Officer: Mr J
Mackenzie Tel: (01983) 823552 Applicant: Isle of
Wight Cricket Board Change of use of agricultural land to cricket ground to
include construction of cricket pavilion and detached store OS parcel 3660, Newclose Farm, Nunnery Lane, Newport,
PO303DX |
This application is recommended for
Refusal
REASON FOR COMMITTEE CONSIDERATION
This is a major application and is
particularly contentious by reason of conflicting policy considerations; it is
of genuine Islandwide significance.
1. Details
of Application
1.1 This is a full application with all
details included for determination.
1.2 The proposal is primarily the change of
use of a piece of agricultural land with an area of approximately 8.9 hectares
located on the east side of C11 Newport to Chillerton Road (Nunnery Lane)
approximately 0.3km north of the junction with Sandy Lane, otherwise known as
Cox’s Corner. In turn, Cox’s Corner is the western most extent of Sandy Lane,
immediately adjoining the Whitecroft complex of buildings with which Members
will be familiar.
1.3 The proposal comprises the engineering
operations required to flatten the agricultural land to form a cricket ground
of Gold Standard. By employing a cut and fill regime the intention is to
provide a roughly rectangular flat table approximately 140m by 160m a vehicular
access situated in the layby on the east side of Whitcombe Road leading into a
driveway with car parking off on its northern side; the driveway extending
towards the eastern boundary where it is proposed to erect a pavilion and an
underground store. The pavilion is proposed to be constructed in masonry and
have a hipped and gabled roof with the gable projecting in a southerly
direction incorporating a clock, typical characteristic of a cricket pavilion.
The overall height of the building is shown as 9m to its ridge roof overall
width of 33m and a depth of approximately 18.6m. Building is shown to be
situated on the top of the cut embankment provided as part of the leveling
process.
1.4 Having an internal area of approximately
403 sq m, the pavilion is proposed to provide visitor and home changing
facilities with showers, toilets, office and other facilities with an intervening
section providing a lounge, bar, kitchen and cellar. Materials for the finishes
of the building have not been specified but are expected to be the subject of
condition.
1.5 In addition it is proposed to construct
an underground store close to the eastern side of the pavilion to house
equipment used for maintenance purposes.
2. Location and Site Characteristics
2.1 The site has overall dimensions of
approximately 250m and 250m, the land rises substantially in a north easterly
direction.
2.2 Site comprises an open or cultivated
field surrounded by field hedgerows set in open and relatively flat open
landscape with panoramic views especially to the south and western quadrants.
2.3 To the south east of the site, at a
distance of approximately 350m lies the Whitecroft complex. Otherwise,
surrounding the site in the near vicinity there are only farm complexes and
individual properties, the nearest development being Blackwater approximately
1.4 km distance and Carisbrooke approximately 1 km to the north with
Carisbrooke Castle 1.2km to the north west.
3. Relevant History
3.1 None
4. Development Plan Policy
4.1 National
Policy Guidance
·
PPS1 (Delivering Sustainable Development)
·
PPS7 (Sustainable Development in Rural Areas)
·
PPG13 (Transport)
·
PPG17 (Sport and Recreation)
4.2 The
following UDP Policies are considered applicable in this instance.
Strategic Policies
·
S4 – The countryside will be protected from inappropriate development
·
S10 – In areas of designated or defined scientific, nature conservation,
archaeological, historic or landscape value, development will be permitted only
if it will conserve or enhance the features of special character of those
areas.
·
S11 – Land use policies and proposals to reduce the impact of and
reliance on the private car will be adopted and the Council will aim to
encourage the development of an effective, efficient and integrated transport
network.
Detailed Policies
·
G1 – Development Envelopes for Towns and Villages
·
G4 – General Locational Criteria for Development
·
G5 – Development Outside Defined Settlements
·
T11 – Special Events or Festival Sites
·
C1 – Protection of Landscape Character
·
C2 – Areas of Outstanding Natural Beauty
·
C14 – Safeguard Best Agricultural Land
·
C15 – Appropriate Agricultural Diversification
·
TR3 – Locating Development to Minimise the Need to Travel
·
TR4 – Transport Statement Requirements for Major Development
·
TR7 – Highway Considerations for New Development
·
L1 – Informal Recreation Provision in the Countryside
·
L2 – Formal Recreation Provision
·
L7 – Gold Course Development
·
T2 – Tourism Related Development
·
U3 – Appropriate Location for education, community, social, health and
welfare facilities and the promotion of sharing and dual use.
·
TR16 – Parking Policies and Guidelines
4.3 The
site is located within the Area of Outstanding Natural Beauty.
5. Consultee and Third Party Comments
5.1 Internal Consultees
·
County Archaeology Officer advises the site probably contains a Bronze
Age Burial ground which is of National Importance and accordingly if the
Committee is mindful to favour the proposal, prior to the issue of permission,
a full site investigation to ascertain the precise location, date, nature and
importance of any archaeological deposits is carried out. Accordingly, at this
stage there is inadequate information to grant planning permission.
·
Highway Engineer recommends refusal on grounds of inadequate access due
to unacceptable visibility and on grounds of generation of traffic onto the
public highway.
·
The AONB unit objects to the development and its associated buildings
and engineering operations on grounds of adverse visual effect in the Area of
Outstanding Natural Beauty.
·
County Ecology Officer points out that the hedgerows are a significant
feature in the landscape which have been well managed with few gaps but
concedes that it would not qualify as important under the wildlife criteria,
The Hedgerow Regulations and although there are no intentions to remove
hedgerows recommends that a management condition be imposed in the event of permission
being granted.
5.2 External Consultees
·
None at the time of writing.
5.3 Third Party Representations
·
Parish Council comments – not received at the time of writing.
·
Gatcombe Parish Council (whilst not in their area) request control on
subsequent uses of the land and any further development.
·
CPRE object to adverse impacts of development in the AONB and
countryside generally claiming application is contrary to policy contained
within the UDP and adverse traffic implications.
5.4 Neighbours and others
·
Sixteen letters of objection from local residents/land owners on grounds
of:
o
Suggests that approval would turn green build agricultural land into
building land.
o
Inadequate access and poor local highway system not being able to cope
with additional vehicles in addition to the development at Whitecroft.
o
Argues that donation of the land is not a good reason for approving
development.
o
Questions whether or not attempts have been made or proof provided to
shown that this is the only and appropriate site.
o
Argues that the land is isolated and therefore is not part of the
village scene of an English countryside.
o
Development will positively encourage access by car.
o
Inadequate access, inadequate parking and inappropriate location for
ancillary uses such as the use of the clubhouse/pavilion as a social club with
bar.
o
Adverse effect on the Area of Outstanding Natural Beauty.
o
Suggesting it would more appropriately located closer or adjacent one of
the existing popular centres which is well served by transport links.
5.5 Others
Nine
letters from local and mainland addresses supporting the development.
6. Evaluation
6.1 The
main issues relating to this application are:
·
Policy and principle
·
The sustainability of the location.
·
The choice of site bearing in mind the sequential approach.
·
The visual impact of the physical development
·
Matters relating to traffic and access.
·
The effect on the archaeological value of the site
6.2 The principle of establishing a Gold
Standard Cricket Ground on an appropriate site on the Isle of Wight no doubt is
well supported and highly desirable and, is unlikely to receive any serious
adverse criticism. The principle of such an establishment is undisputedly
supported by PPG17 and Policies L1 and L2 but, of course, subject to appropriate
location and do not result in an unacceptable loss of amenity. It is not
disputed therefore that the principle of the establishment of such a facility
would benefit the Isle of Wight.
6.3 Whilst the principle of the establishment
of a Gold Standard Cricket Ground is supported, the application site is not.
Whilst the principle is felt acceptable and supportable, it should not be seen
as the over riding factor in determining this application.
6.4 The proposal is to carry out extensive
engineering operations to create a level table upon which the ground can be
laid out, to erect a very substantial clubhouse and to erect screens, provide
car parking and a means of access to the highway to enable the site to be used
as a County plus standard of cricket ground in an area which almost entirely of
an agricultural landscape, situated in the Area of Outstanding Natural Beauty.
The use which will inevitably lead to players and spectators, in the main,
accessing the site by car given the paucity of public transport links from
across the Island and, as such, is contrary to principles of planning
encompassed within the Unitary Development Plan.
6.5 The site is in open countryside and is
comparatively isolated from any settlement, the nearest being the Whitecroft
complex and, further to the north Carisbrooke. Ideally, in order to comply with
National and Local policy a site for a purpose such as that proposed would be
adjoining a centre of population; easily accessible by foot or by public
transport and would not be situated in an area of sensitive landscape and not
in an isolated position in open countryside which is also an Area of
Outstanding Natural Beauty.
6.6 There should be evidence to show the site
is sequentially appropriate and that other sites within or adjoining built up
areas have been discounted due to proper planning reasons. Again, it appears
that the applicants consider the site proposed is only suitable because it is
being donated by a benefactor. If that argument were to hold water, any
landowner could offer their land for development.
6.7 Other sites have not been properly
evaluated except for the suggestion that land to the north of Seaclose Offices
might be appropriate but it is suggested that “Gold Standard” would not permit
sharing the out field with the football pitches and that their loss is likely
to be unacceptable. Your officers hypothesize that such a loss would
necessarily occur. There is already a cricket square to the south of the
Seaclose Offices which could be turned back into football pitches to compensate
for the displacement if provision were made in that site.
6.8 However, this is only one site which has
been suggested but the application includes no evidence to suggest that any
other sites have been considered.
6.9 In terms of sustainability it is not felt
that this is an appropriate site. The activity intended to be carried out on
the site is one which if successful will inevitably encourage patronage from
participants and spectators from all over the Island and, indeed, from the mainland.
Whilst there may be a need and desire for such a facility in principle, it does
not need to be on this land or in this location.
6.10 The proposed pavilion indicates substantial
facilities including a kitchen, bar and very substantial lounge of over 130
square metres in addition to the toilet and changing rooms provided for the
players. It is inevitable, in order to make such a provision economically
viable, that the pavilion and it’s facilities are utilized on more occasions
other than on match days, presumably for cricket club members and other
functions and located in such an isolated position the development is not
consistent with sustainability aims.
6.11 It is clearly the intention in providing
such a high standard of facility that it would be used for the purpose
proposed, that is to hold events consistent with its status. Since the site is
unlikely to be accessed on foot by spectators, by players and staff, it is
reasonable to assume that, especially on event days the access will be used considerably.
It will be seen that the highway engineers consider the access to be inadequate
in terms of visibility and it is apparent that changes to the access to permit
its use at the envisaged scale and safely would need to be carried out. Such
improvements would include a provision of a right turn lane when approaching
the site from the south, possibly lighting and signage which would be
inappropriate in this rural location in the Area of Outstanding Natural Beauty.
6.12 At present the site is no more than an
agriculture field with natural contours consistent with the surrounding land.
The works propose to create a level playing field will extend to approximately
2.5 hectares off cut and fill or as much as 4.5 metres of cut, near the
pavilion would mean about 3 metres of fill close to the western corner of the
site adjoining Whitcombe Road. Although it is argued that a cricket ground is
like one would expect to see in the English landscape and that “there is
nothing more English”, cricket grounds are more associated with edge of town or
edge of village locations rather than in the open countryside within an Area of
Outstanding Natural Beauty. The visual impact of the engineering works, the
pavilion, the underground store and the associated screens, score board and
perhaps practice nets would have a significant visual impact on this Area of
Outstanding Natural Beauty which would be inappropriate. In essence it is not
so much the pitch and outfields, which will be green and well maintained so
much as the additional paraplendia associated with any cricket ground,
particularly a high standard one.
6.13 The applicants have referred to other
cricket grounds approved in the last few years but these are not located within
the Area of Outstanding Natural Beauty and the applicants do not say why none
of these others would be suitable for upgrading to the Gold Standard so
desired.
6.14 The site is highly likely to contain Bronze
Age burial remains of National Importance and as such would need to be the
subject of a comprehensive investigation and in the event the presence of such
artifacts and status of the site are established a full program of excavation
of the site or other mitigation measures would need to be implemented before
works commence if the Committee contemplated the grant of permission.
7. Conclusion and Justification for
Recommendation
7.1 The idea of creating a Gold Standard
Cricket Ground within the Isle of Wight is applauded and encouraged for reasons
of sporting activity and the need for such activities for greater health.
However, despite the support and desirability of such a facility, the site
chosen is simply the wrong one. Such a development will impact visually on the
sensitive Area of Outstanding Natural Beauty with impacts being substantial in
an otherwise open agricultural landscape. The site is isolated and
comparatively remote for easy and sustainable access to those who are going to
participate or spectate or otherwise to use the facilities provided on site.
The choice of site should be dictated by its practical application to
continuing use so should be within only a short distance of a major settlement
and service by several traffic routes with the emphasis on public transport
and/or pedestrian access and should not be determined as suitable just because
it’s available.
7.2 Whilst it is accepted that cricket ground
is part of the traditional English scene, it is appropriate to a village remote
from all other development or edge of settlement setting rather than one in
open countryside.
7.3 The visual effects on the area, the
inability of the site to enable easy access and the lack of evidence to show
that there are not other, more suitable sites available, clearly supports the
contention that whilst it is commendable use, this proposal is on a totally
unsuitable site in an inappropriate location.
8. Recommendation
Refusal.
Conditions/Reasons:
1 |
The proposal would be detrimental
to the rural character of the area by reason of the physical impact it would
cause and would therefore conflict with the intention of the Local Planning
Authority to protect the natural beauty of the landscape and would therefore
be contrary to Policy S10 (If It Will Conserve or Enhance The Features of
Special Character of These Areas) and Policy C1 (Protection of Landscape
Character) of the Isle of Wight Unitary Development Plan. |
2 |
The proposal fails to protect and
enhance the special quality of the landscape designated by the National Parks
Commission under Section 87 of the National Parks and Access to the
Countryside Act 1949 as an Area of Outstanding Natural Beauty and the
proposal would therefore be contrary to Policy S10 (If It Will Conserve or
Enhance The Features of Special Character of These Areas) and Policy C2
(Areas of Outstanding Natural Beauty) of the Isle of Wight Unitary
Development Plan. |
3 |
The proposed development would
generate a significant increase in vehicular traffic entering and leaving the
public highway to the detriment of highway safety and would therefore be
contrary to Policy TR7 (Highway Considerations for New Development) of the
Isle of Wight Unitary Development Plan. |
4 |
The access is unsatisfactory to
serve the proposed development by reason of inadequate visibility and would
therefore be contrary to Policy TR7 (Highway Considerations for New
Development) of the Isle of Wight Unitary Development Plan. |
5 |
The proposal represents the
introduction of a use which has not been justified as an exception to
established planning policy and in an unsustainable location and therefore
would be contrary to UDP Policies S11, G4, (c) (General Locational Criteria
for Development), T11 (e) (Special Events or Festivals sites) and TR3
(Locating Development to Minimise the need to travel) and PPG13 (Transport) |
6 |
The information accompanying this
application is inadequate and deficient in detail in respect of
archaeological survey information so that the Local Planning Authority is
unable to consider fully the effects of the proposal on the site's archaeological
importance and likely content of archaeological artifacts and in the absence
of further details it is considered that the proposal would be contrary to
Policy B9 of the Isle of Wight Unitary Development Plan and PPG16 Archaeology
and Planning. |
08 |
Reference Number: P/00004/05
- TCP/17825/C Parish/Name:
Shanklin - Ward/Name: Shanklin Central Registration Date:
04/01/2005 - Full Planning Permission Officer: Mr A
White Tel:
(01983) 823552 Applicant: Mr S & Mr R Wyatt Demolition of building;
erection of 3 storey building to form 9 flats with parking (revised
scheme) 1, Hope Road, Shanklin, PO376EA |
This application is recommended for
Conditional Permission
REASON FOR COMMITTEE CONSIDERATION
The Local Member, Councillor D Pugh, has requested that this
application is considered by Committee on grounds of inadequate parking
provision.
1. Details of Application
1.1 Full planning permission is sought to demolish
the existing building, which has gradually fallen into a poor state of repair,
and to build a three storey block of nine 2 bedroom flats. Proposed building
has been designed with the double road frontage in mind, with two canted bay
windows on the North Road elevation and similar features onto Hope Road. The
Hope Road elevation also includes full height glazing to the communal entrance
and stairwell, at which point the building would step down by approximately
1.4m to ensure an acceptable height relationship with the adjoining property.
The stepped-down section of the building would almost read as a separate entity
to the remainder of the development, although the design approach would ensure
a degree of continuity throughout the whole scheme. Six parking spaces are
proposed to the front of the building and these would be served via an existing
access off North Road. Two prominent trees (Beech and Lime) on the corner of
Hope Road and North Road are shown to be retained. Revised plans have been
submitted in an attempt to reduce the impact of the proposed parking area on
the said trees.
2. Location and Site Characteristics
2.1 Site is situated on the corner of Hope
Road and North Road adjacent to the road junction known as ‘Five Ways’. Site
currently comprises of a large two storey Victorian building used historically
as a hotel but in latter years as a restaurant. Planning permission was granted
in January 2004 to change the use to a dental practice, but it is unclear as to
whether this use has been implemented. Building has started to fall into a poor
state of repair.
2.2 Surrounding area comprises of a variety
of uses, as you would expect on the edge of a town centre, as well as a mix of
buildings, in terms of style, height and overall mass. Many of the local
buildings are used as hotels, and there are many examples of three storey
developments. Many of the original buildings are Victorian in style with
emphasis on prominent bay windows and decorative details such as fascia boards
and ornate brickwork.
3. Relevant History
3.1 P/01704/02 – TCP/17825/A – Use of former
hotel as restaurant and self-contained flat at ground floor and use of first
floor for complimentary and beauty therapy facilities was granted permission in
December 2002.
3.2 P/02387/03 – Change of use from
restaurant and self-contained flat on ground floor to a dental clinic and
surgery was granted conditional permission in January 2004.
4. Development Plan Policy
4.1 PPS1 (Delivering Sustainable Development)
stresses the need for good design to ensure that spaces and places are
attractive, useable and durable for people. Designs which are inappropriate in
their context and/or failing to improve the character and quality of an area
should not be accepted. Good design should:
·
Be integrated into the existing urban form and natural built
environment.
·
Optimise the potential for site to accommodate development
·
Respond to local context and create and enforce local distinctiveness.
·
Be visually attractive as a result of good architecture and appropriate
landscaping.
4.2 PPG3 (Housing) stresses the need to make
efficient use of land, but states that this should not be at the expense of
cramped development prejudicial to the surrounding environment. Whilst
advocating high densities, it is stressed that good design is key in order to
create attractive high quality living environments in which people will choose
to live. It is suggested that housing developments achieve between 30 and 50
dwellings per hectare and higher where good links with public transport exist.
4.3 PPG13 (Transport) stresses the need to
reduce car dependancy by facilitating more walking and cycling, by improving
linkages with public transport, local services and local amenities. Local
planning authorities should examine critically the standards they apply to new
development, particularly with regard to roads, layout and car parking, to
avoid the profligate use of land.
4.4 Site is within the development envelope
boundary for Shanklin as identified on the Isle of Wight Unitary Development
Plan (UDP). Although site is within a designated hotel area, the hotel use has
already been lost through the passage of time and approval of other uses.
Relevant policies of the UDP are considered to be as follows:
·
S1 – New Development will be concentrated within Existing Urban Areas
·
S6 – All Development will be Expected to be of a High Standard of Design
·
G1 – Development Envelopes for Towns and Villages
·
G4 – General Locational Criteria for Development
·
D1 – Standards of Design
·
D2 – Standards for Development within the Site
·
D3 – Landscaping
·
H4 – Unallocated Residential Development to be Restricted to Defined
Settlements
·
H5 – Infill Developments
·
H6 – High Density Residential Developments
·
C12 – Development Affecting Trees and Woodland
·
TR7 – Highway Considerations for New Development
·
TR16 – Parking Policies and Guidelines
4.5 Reference is also made to the Housing
Need Survey which identifies, among other things, a demand for smaller two and
three bedroomed homes.
4.6 The site is allocated within Parking Zone
2 of the UDP where parking provision is 0-50% of the non-operational
requirement. The maximum requirement in respect of residential development is
one space per bedroom.
5. Consultee and Third Party Comments
5.1
Internal Consultees
Highway Engineer recommends conditions should
permission be granted.
Tree Officer confirms
that his initial concerns have been resolved through the submission of revised
plans but does recommend a condition in respect of protective fencing in order
to minimise any potential damage during construction work.
5.2 Town or Parish Council Comments
Shanklin Town Council stated ‘no
comment’ in respect of the scheme as originally submitted, but object to the
revised scheme on grounds of over development. It is relevant to note that the
revised scheme relates to design changes and not the overall scale or density
of the development.
5.3 Neighbours
Two letters and one email have been
received from local residents objecting on grounds which can be summarised as
follows:
·
Not in keeping with the surrounding properties, which are mainly
Victorian.
·
Overlooking.
·
Inadequate parking.
5.4 Others
Council for the Protection of Rural
England, object on grounds of increase in traffic generation and inadequate
parking.
6. Evaluation
6.1 Determining factors in
considering this application are:
·
Principle
·
Density
·
Scale, mass, design and impact on the surrounding area.
·
Impact on neighbouring properties.
·
Parking
6.2 The site is within the development
envelope for Shanklin and, for the purposes of PPG3, it is considered to be
brownfield site. The principle of redeveloping this site for residential
purposes is therefore considered to be acceptable.
6.3 Members will be aware that local and
national policies in respect of housing encourage the efficient use of land,
with PPG3 advocating densities of between 30 and 50 dwellings to the hectare,
and even higher where good links to public transport can be achieved. Such
advice is echoed in Policy H6 of the UDP. It is inevitable that flats result in
higher densities, hence the proposed scheme would amount to some 113 dwellings
to the hectare. Policy does not rule out densities in excess of 50 dwellings to
the hectare, and it is relevant to note that the application site does lie
within walking distance of Shanklin Bus and Railway Stations. Accordingly, the
application site is considered to be a suitable candidate for high density development
given accessibility to public transport and its location within the built up
area. However, the main test in respect of any residential development is
whether or not the site can accommodate a given number of units without being
at the expense of cramped development to the detriment of neighbouring property
occupiers or the surrounding area in general. To refuse this application on
ground of excessive density alone would be unsustainable.
6.4 The proposed building is large, but so
are many other buildings in this part of Shanklin which generally contain hotel
accommodation or flats. Essentially, this is a corner site which can
accommodate a large and relatively imposing building without being out of
context in this part of Shanklin. The submitted plans confirm that the
development would not be significantly higher than a building to the south, and
revised pans now show that the building would be stepped down on the Hope Road
elevation in order to reflect the height of the neighbouring building on that
frontage. Plans do make provision for limited communal garden space which is
not extensive but is considered sufficient to cater for bin and bicycle storage
as well as outside drying area. Overall, Officers are satisfied that the site
can accommodate the size of building required to provide nine flats without
appearing cramped or out of context on this prominent corner site. Accordingly,
proposal would be sympathetic to prevailing form and scale of development in
the immediate locality and therefore complies with relevant UDP policies in
this respect.
6.5 In terms of design and external
appearance, revised plans have been submitted which confirm that the proposed
development would pay due regard to the prevailing style and appearance of
buildings in the locality, particularly in respect of window proportions, bay
windows and other design details. Accordingly, it is felt that proposed
building would respect local distinctiveness which, combined with appropriate
scale and height as discussed above, would result in a building which takes
full account of the surrounding townscape. Members are therefore advised that
the proposal satisfies the requirements of UDP design policies.
6.6 Concern has been expressed that proposed
development would result in overlooking and subsequent loss of privacy of
adjoining properties. All living room windows would face towards the adjoining
highway network where overlooking is not considered to be an issue. Windows
that could arguably look in the direction of the objector would serve bedrooms
which in any event would be set at an oblique angle to the property of concern.
Bearing these points in mind, it is considered that the development would not
result in a significant level of overlooking.
6.7 With regard to parking, Members are
advised that the site falls within Zone 2 of the Parking Guidelines which
requires 0-50% of the non-operational requirement. Bearing in mind that 18
bedrooms are proposed, policy would require a maximum of nine parking spaces
for this development. Six spaces as shown is considered to be compliant with
policy particularly when bearing in mind the proximity of the site to Shanklin
town centre, the railway station and numerous bus stops. Approval of this
development with limited parking provision would accord with the objective of
securing sustainable residential environments and, in particular, national and
local policies which seek to reduce reliance on the private car. Members’
attention is drawn to a recent appeal decision relating to a proposed site of
ten flats in Mill Hill Road, Cowes. The submitted plans indicated two parking
spaces which Members considered contrary to officer recommendation, was
inadequate for ten flats. That site is within Zone 2 of the Parking Guidelines
and is arguably less sustainable than the site currently under consideration by
Members, but was nevertheless considered consistent with the main thrust of
PPG13 and Policy TR16 of the UDP. Accordingly, the inspector allowed that
appeal. Members are therefore strongly advised that the scheme under
consideration is compliant with national and local policies and that a refusal
based solely on parking grounds is unlikely to be defendable at appeal.
6.8 Regarding traffic generation, whilst a
traffic audit has not been submitted with this application, previous uses which
include hotel, restaurant and possibly a dental practice would have generated a
level of traffic which may not be dissimilar to that proposed. It is important
to note that the Highway Engineer recommends approval subject to conditions on
the basis that adequate turning can be provided and that visibility is
acceptable in both directions. Accordingly, proposal accords with the
requirements of Policy TR7.
7. Conclusion and Justification for Recommendation
7.1
Having given due regard and appropriate weight to all material considerations
outlined in the report, it is considered that the proposal would strike the
balance of making efficient use of this site but not at the expense of cramped
development prejudicial to neighbouring property occupiers or the surrounding
area in its wider context. The proposed level of parking would accord with the
policy objective of reducing reliance on the motor car and the proposed access
is considered to be acceptable. Accordingly, proposal complies with policies
contained in the UDP.
8. Recommendation
Conditional Permission.
Conditions/Reasons:
1 |
The development hereby permitted
shall be begun before the expiration of 3 years from date of this permission. Reason:
To comply with Section 91 of the Town and Country Planning Act 1990. |
2 |
No development shall take place
until samples of materials and finishes to be used in the construction of the
external surfaces of the development hereby permitted have been submitted to
and approved in writing by the Local Planning Authority. Development shall be carried out in
accordance with the approved details. Reason:
In the interests of the amenities of the area and to comply with
policy D1 (Standards of Design) of the IW Unitary Development Plan. |
3 |
Before work commences on the
development hereby approved details of existing site level (including a fixed
point) to be agreed outside of the site) as the proposed finished floor
levels shall be submitted to and agreed in writing by the Local Planning
authority. Development shall only proceed in accordance with the agreed
details. Reason: In the interest of the amenities
of the area in general and neighbouring properties in particular and to
comply with Policy D1 (Standards of Design) of the IW Unitary Development
Plan. |
4 |
All material excavated as a result
of general ground works, including site leveling, installation of services,
or the digging of foundations, together with all debris following the
demolition of the existing building, shall not be disposed of within the area
identified red on the submitted plans. The material shall be removed from the
site prior to construction of the dwelling proceeding beyond damp proof
course level or such other timescale as may be agreed with 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 IW Unitary Development Plan. |
5 |
No dwelling hereby permitted shall
be occupied until space has been laid out within the site in accordance with
Drawing No. 04:DD:16-1Rev C for six cars to be parked and for vehicles to
turn so that they may enter and leave the site in a forward gear. 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 for New
Development) of the IW Unitary Development Plan. |
6 |
No dwelling hereby permitted shall
be occupied until space has been laid out within the site in accordance with
details that have been submitted to and approved in writing by the Local
Planning Authority for nine bicycles to be parked. The space shall not thereafter
be used for any purpose other than that approved in accordance with this
condition. Reason: To ensure adequate provision for
the parking of bicycles and to comply with Policy TR17 (Parking Policies and
Guidelines) of the IW Unitary Development Plan. |
7 |
Prior to commencement of the
development hereby approved the western roadside boundary of the site shall
be lowered to a maximum of 1m in height above existing road level over the
whole frontage and shall be maintained thereafter at a height no greater than
1m. Reason: In the interests of highway
safety and to comply with Policy TR7 (Highways Considerations) of the IW
Unitary Development Plan. |
8 |
Existing trees which are to be
retained in accordance with the approved plans shall be subject to paragraphs
a) and b) below. Such conditions shall have effect until the expiration of
three years from the date of the occupation of the last flat hereby approved. 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 the Local
Planning Authority. Any topping or lopping approved shall be carried out in
accordance with the BS3998 (Tree Work). If any retained preserved tree is
removed, uprooted or destroyed or dies, a 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 IW Unitary Development. |
9 |
No development shall take place
until full details of both hard and soft landscaping works have been
submitted to and approved in writing by the Local Planning Authority. These
works shall be carried out as approved prior to occupation of any of the
units hereby approved. Such scheme shall specify position and species and
size of any trees and shrubs to be planted along with timing of such planting
and shall include the provision for their maintenance during the first five
years from the date of planting. Scheme shall also include construction
method of any proposed access or parking areas within the proximity of trees
which shall accord with the arboricultural practice note (Trees in Focus
Practical Care and Management Issues by the Arboriculture Advisory Information
Services dated 1999) and BS5837 (Trees and Development). Any such detailed
porous surface finish shall be carried out in accordance with agreed details
and shall be retained and maintained thereafter. Reason: To ensure the appearance of the
development is satisfactory and to comply with Policy D1 (Standards of
Design) and Policy D3 (Landscaping) of the IW Unitary Development Plan. |
10 |
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 1.2m minimum height Chestnut
paling to BS722 Pt 4 Standard securely mounted on 1.2m minimum above ground
height timber posts driven firmly into the ground. Such fencing or barrier
shall be maintained throughout the course of works on site during which
period the following restrictions shall apply: No placement or storage of
material No placement or storage of
chemicals No placement or storage or
excavated soil No lighting of bonfires No physical damage to bark or
branches No changes to natural ground
drainage in the area. No changes to ground levels No digging of trenches for
services, drains or sewers Any trenches required in close
proximity shall be hand dug insuring all major roots are left undamaged. Reason: To ensure that the preserved
trees and groups of trees to be retained are adequately protected from 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) and
C12 (Development Affecting Trees and Woodland) of the IW Unitary Development
Plan. |
09 |
Reference Number: P/00649/05
- TCP/02147/E Parish/Name:
Ventnor - Ward/Name: Ventnor West Registration Date:
01/04/2005 - Full Planning Permission Officer: Mr J
Mackenzie Tel: (01983) 823552 Applicant: Isle of
Wight Properties Ltd Demolition of building; erection of 3/4/5/6 storey block
of 8 flats with ground floor parking; vehicular access & landscaping Beachlands, Esplanade, Ventnor, PO381JR |
This application is recommended for
Refusal.
REASON FOR COMMITTEE
CONSIDERATION This is a major application and is contentious due to
conflicting policy implications and the possible precedent for further,
similar proposals in the vicinity.
1. Details of Application
1.1 This is a full application with all
matters to be considered and therefore both the principle and details are to be
determined at this stage.
1.2 The proposal comprises the demolition of
the existing building and replacement with a 3/4/5/6 storey block of eight
flats and the plans show the building to be “built into” the slope rising from
the Esplanade to the north. Ground floor plan shows pedestrian access situated
centrally in the building with vehicular access situated to the western side
leading to undercroft car parking for seven cars utilising a turntable in order
to access the spaces. First floor contains two flats, each of two bedrooms,
kitchen/utility and a living and dining area and each with two bathrooms (one
en-suite); first floors contain balconies accessed from the flats. Second and
third floor plans also provide two flats per floor of similar accommodation to
that beneath but comprise only viewing decks of limited size of the respective
living areas.
1.3 Fourth floor plan shows parts of two
living units, each comprising four bedrooms, two bathrooms (one en-suite) and
an en-suite shower with access to a roof garden and the fifth floor shows
kitchen dining living area.
1.4 Elevationally, the front elevation of
ground floor is parallel to the Esplanade but floors one, two and three are
then set back square with the side boundaries of the site. Floors four and five
are then set well back behind the roof terrace of the floor three and both of
these levels (four and five) are set further back, cantilevered back, close to
the cliff face.
1.5 The side elevations incorporate arched,
headed windows with radial brick heads linked by soldier courses and materials
are proposed to be yellow facing brick to all elevations with contrasting
soldier courses and brick quoins; some painted render to features and roofs
clad in slate with the exception of the head of the stairwell which is proposed
to be constructed in a glazed roofing and walling system.
2. Location and Site Characteristics
2.1 Site is located on the northern side of
The Esplanade at Ventnor a few metres from the bottom of Cascades. It is
presently occupied by a two storey dwelling which appears to have a single
storey addition on the front, probably at some time used as a shop or café. The
existing building is finished in paint, black and white under a hipped and
slate roof. This building is at Esplanade level whereas the adjoining building,
to the east, the property known as the Harbour View Hotel is at a considerably
higher level behind a very substantial retaining wall although the land does
rise very steeply to the Cascades and back up into the town where, in close
proximity, the property is situated at road level.
2.2 To the west of the site is a three storey
narrow but very deep building in residential use. The area is characterised by
Victorian architecture and of a seaside characteristic.
2.3 Towards the rear of the site the land
rises dramatically to higher levels to cliff like retaining walls interspersed
with natural growth. A quadrant shaped building almost abuts the common
boundary with the frontage onto Hamborough Road.
2.4 The cliff and green area extends north
westwards behind those properties fronting Esplanade Road and forms parts of a
feature, the boundary of the Conservation Area.
3. Relevant History
3.1 None.
4. Development Plan Policy
4.1 National Policy Guidance PPS1 – Prudent
Use of Natural Resources – Ensuring high quality development through good and
inclusive design.
PPG3 seeks the best use of urban land.
PPG15 – Planning and the Historic
Environment – Expresses the need to consider carefully developments which are
within or adjoining conservation areas or have an effect on their setting.
PPG14 – Development on Unstable Land
– Expresses the need to take account of land and slope stability in determining
development proposals.
4.2 UDP policy.
·
Policy S2 relates to the reuse of urban land – “brownfield sites”.
·
Policy D1 relates to the standards of design.
·
Policy D2 relates to the standards of development within the site.
·
Policy G4 relating to the general locational criteria expects new
development to harmonise with its surroundings, landscape or townscape by using
appropriate scale, design and landscaping and; is sympathetic to the character
and materials of their surroundings; does not protrude into prominent views
into, out of or across any town, village or area of countryside.
·
Policy G7 relates to development on unstable land making it clear that
such development will only be permitted where the site can be properly
developed taking account of matters of instability and requiring suitably
qualified engineers report.
·
Policy B6 refers to the protection and enhancement of conservation
areas.
5. Consultee and Third Party Comments
5.1 Internal Consultees
·
Highways Engineer recommends conditions if approved.
·
Conservation and Design Team points out that the site immediately abuts
the boundary of the existing Conservation Area on one side and is close to it
on the rear and therefore any proposal will affect the setting of the
Conservation Area. The site is particular visible from many aspects and
although it does not effect the views into and across the Conservation Area the
site is particularly visible when looking from the west towards the
Conservation Area and from the Winter Gardens along the Esplanade. Ventnor and
its Conservation Area are like several others on the Island visible from the
sea and are often viewed this way, the tiered form of development and the green
wedges which is separating the tiers is an integral part of the character and
appearance of the Conservation Area. The proposed building is considerably
larger than the existing it replaces and includes an element to the rear and
higher level close to the cliff and the building will appear incongruous and
over large and when viewed from the junction of Esplanade Road and The
Esplanade the impact of the building in the immediate foreground will be
dramatic and harmful and accordingly it is felt that the proposal is over dominant,
especially to adjoining buildings.
·
At present the focal point of the Esplanade which has replaced the
Metropole, one being of similar scale and mass to that which it replaced and
the remaining buildings on the Esplanade will be subservient to this focal site
with a mix of 1, 2 and 3 storeys. The design is not scholarly replica nor
contemporary interpretation of the local style and does not represent high
quality design which enhances the area; the use of the ground floor for parking
deprives the street scape of an active frontage in this area which relies on
its seaside character accordingly the Conservation and Design team consider the
proposed building is not appropriate in its setting and adversely affects the
character of the adjoining conservation area. Although the site is not within
the conservation area, it is immediately adjoining and in an area which is the
subject of imminent consultation with a view to incorporating the whole of the
Esplanade within an extended conservation area. Such a development would be
inconsistent with the character of an extended conservation area and
inappropriate in its form and mass, clashing with the adjoining properties both
in terms of style and bulk. It therefore conflicts with the advice in PPS1 and
PPG15 and with UDP policy.
5.2 External Consultees
·
Independent Geotechnical Engineer has been consulted with regard to the
proposals. His comments are as follows “In any stability report on a site that
has a cliff slope or retaining wall adjacent to it such as this, I would expect
to see a section through the slope showing all the existing structures, their
construction and the nature of the ground behind together with a full
geotechnical assessment of the natural slope and engineering assessment of the
retaining walls together with sufficient information as to how the stability of
the slope is to be maintained as to be able to judge its efficacy. Such
information has not been provided…… The investigations which would be
undertaken by a geotechnical specialist with appropriate experience can be
quite expensive. However they are vital if the building is to perform
satisfactorily for its intended life as the results of these investigations may
determine the shape, form and position of the proposed building in order to
maintain stability to the surrounding buildings and be unaffected by ground
instability itself, it is my opinion that they should be addressed at the
planning stage under PPG14 rather than at the Building Regulation stage. They
are also too critical to the development to be the subject of a condition.
However, there may be a case for other planning matters to be dealt with first
so that some comfort may be given to an applicant so that the proposed
development will be given approval once the question of stability has been
satisfactorily dealt with i.e. for the Council, once satisfied on all other
matters, to advise the applicant that they are resolved to approve the
application once the problems of stability have been satisfactorily dealt with.
On the other hand as the question of
stability will have to be addressed regardless of the development that is
proposed on this site, the Council could insist that this be addressed at this
stage. Certainly the major expense will be in the physical investigation and
the data so obtained will be relevant to any proposal for the site. “
·
Assistant Ecology Officer has identified the possibility of wall lizards
at this site and there have been allegations of the existence of a badger sett.
Whilst these have not been confirmed, mitigation measures would need to be put
in place in the event that planning permission is granted.
5.3 Town Council Comments
Ventnor Town Council, in considering
original proposal for up to seven storeys considered the proposed development
to be overdevelopment, excessive in height and a development which is in
conflict with the recommendations of the geotechnical survey of land stability
in this area. Also allege receipt of reports that the site contains a badger
sett.
5.4 Neighbours
11 Letters of objection on grounds
of overdevelopment, building too tall, poor and inappropriate design contrary
to Policy D1, excessive mass. Development incorporating no tourist element;
inadequate infrastructure; creation of congestion and adverse effect on
pedestrian safety; development incorporates no affordable housing element;
inadequate infrastructure, adverse effect on tourism; erection of a large
development on potentially unstable land; loss of habitats for wall lizards;
allegations of badger setts; loss of Victorian house; too many flats on the
market and proposed development would produce more; adverse effect on adjoining
properties due to height and mass, suggesting that the development should be a
maximum of three storeys.
5.5 Others
Architects Panel considered that the
design falls short of the standards required for such an important site and the
development represented a missed opportunity for such an important site, that
the ground floor should incorporate some active frontage such as restaurants or
shops.
6. Evaluation
6.1 The
main issues relating to this application are considered to be:
·
Policy and principle
·
Design and visual impact, height etc.
·
Effect on adjoining properties and the seafront as a whole
·
Issues relating to land stability
·
Highway matters, access and parking
·
Habitats
6.2 In terms of policy and principle, the
site is already developed and therefore could be considered as brownfield. It
is within the development envelope and is not covered by any other specific notation
except it does adjoin Ventnor conservation area as defined at present. Subject
to other considerations, the principle of residential redevelopment of this
site is therefore considered acceptable.
6.3 Following original submission the content
of the scheme has been revised to omit one floor but the design remains the
same, comprising a 3/4/5 storey block of flats with the upper two floor
cantilevered backwards to a plateau area at the rear and incorporating a large
glazed feature towards the upper levels housing the lift and the width of the
block virtually fills the width of the site, although space between it and
adjoining buildings is retained in similar form to that existing elsewhere on
the Esplanade. Although design features echo those found in the vicinity, the
overall height, shape, bulk and mass of the building is felt excessive in this
location and therefore contrary to policies D1 and D2 of the UDP and due to the
proximity of the site and its relationship with the existing conservation area,
it is felt contrary to the aims of PPG15 which seeks to protect and enhance the
conservation area.
6.4 The shape of the building, especially the
“stepped” nature of the elevational form is felt to be incongruous in this
location, especially when viewed obliquely from viewpoints on the Esplanade.
6.5 In terms of effect on adjoining
properties, the replacement of the existing building with one of much greater
mass will clearly impact on properties. The increased mass of the building on
the site will in effect, dwarf the building adjoining to the south west
although the building to the north east, known as Harbour View Hotel will be
affected to a lesser degree due to the stepped plan form of the development and
the distance between buildings and, in addition, the fact that the ground level
upon which the Harbour View Hotel is sited is considerably higher.
6.6. A comprehensive response to the submission
has been made by a consultant (requested by this office to comment) on the form
and content of the proposal, especially bearing in mind the location of the
site and the geotechnical nature of this particular area. The geotechnical
engineer has observed that there is evidence of land movement on the site but
this is not unusual to this sort of location and that there is an obvious
danger for material falling from the upper part of the cliff onto the site.
Points out that the construction of the existing retaining walls is not known
nor is the type of material that is supported. He considers that the existing
retaining wall at the base of the slope would appear to be inadequate and is
severely cracked and the face of it has moved forward but is strongly of the
opinion that a development such as this in such a location should be
accompanied by a full geotechnical assessment of the natural slope and
engineering assessment with the retaining walls before planning permission
could be granted. Bearing in mind the complicated nature of such investigations
coupled with the expense, it would not seem appropriate to require this to be
done if doubt over the proposal in purely design terms is still expressed.
6.7 It is therefore contended that there is
insufficient information in terms of land stability investigations regarding
this site to grant planning permission.
6.8 Highway Engineer considers the proposals
to be acceptable recommending conditions if approved regarding the vehicular
access and the provision of parking. Traffic speeds in this location are very
low due in part to the location and proximity to the Cascades and also due to
the traffic calming measures which have been installed in close proximity.
Visibility splays are not extensive but bearing in mind the limited speeds and
subject to the realignment of the pinch point, access and parking provision is
felt acceptable.
6.9 The matter of habitats has been raised by
some objectors and these issues have been investigated as far as possible. The
Assistant County Ecologist points out that badger setts are protected by the
Protection of Badgers Act 1992 but was not able to ascertain whether or not
there was a presence on site. It is known that Ventnor is a location of a long
established population of wall lizards, a species which is protected under the
Annexe 2 Habitat Conservation Requirements of the Bern Convention, is known to
be threatened species in its northern European range. Wall lizards are an Isle
of Wight bio-diversity action plan species of local conservation concern. The
proposed development does have an implication with regard to parts of the existing
retaining wall upon which the proposed development adjoins, indeed, although
the building is proposed to be designed so as not to be a weight on the upper
section above the retaining wall, it will appear that the space between the
wall and the building will be affected thus losing a section of wall/cliff
face, possibly part of the habitat considered suitable for this species. No
survey work has been made available to determine whether or not there are
serious implications regarding either species but, in the event that planning
permission is contemplated, specialist survey work should be carried out to
determine the extent, if any, of inhabitation by these species and what
mitigation measures could be taken to compensate for the loss in habitat. However,
at this stage, there is insufficient information to make an assessment.
7. Conclusion and Justification for
Recommendation
7.1 Although
not currently within the Conservation Area, the site abuts the Conservation
Area boundary and, clearly, any development of this site affects the setting.
Whilst the site is within the designated development envelope and is not
subject to a tourism restriction, in effect, the development as proposed would
result in an area of dead frontage onto the Esplanade where enhancement of the
setting of the Conservation Area would be an appropriate step.
7.2 In addition steps have already commenced
to extend the Conservation Area to include the whole of the Esplanade and
seafront as far as and beyond the Spyglass Inn at the southern extent of the
promenade. An inappropriate form of development on this prominent and important
site would not only detract from the process of enlarging the conservation area
but would also detract from the quality of the environment the subject of that
designation.
7.3 The resultant effect on adjoining
properties and the whole of the seafront would not be a positive one and could
well set a precedent for further similar developments, which although would be
determined on merit, it would set a benchmark for the type, height and scale of
development by subsequent proposals.
7.4 The question of land stability is of
paramount importance and insufficient information has been submitted in order
to ascertain whether or not the proposed development would maintain land
stability. In this location extensive, expensive and specialist survey work
would be needed to prove the development is a practical one before planning
permission was granted but such survey work would be abortive if the
development were unacceptable for other Reasons.
7.5 Accordingly should Members feel disposed
to accept the proposed development, such a permission should not be issued
until such evidence has been produced adequate to prove the propriety of the
development and, similarly, that survey work is carried out regarding badgers
and wall lizards.
7.6 However, irrespective of the above, the
proposal is considered unacceptable for design, mass and scale reasons and due
to the lack of information submitted in connection with land stability and
major conservation considerations. Albeit your officers do accept that a
building slightly larger than the one currently on site might, subject to
detailed design and addressing the other comments in this report, be
acceptable. Such comment is naturally made without prejudice to the Local
Planning Authority’s right to consider each application on its own merits.
8. Recommendation
Refusal.
Conditions/Reasons:
1 |
The proposal, by reason of its
design, height, bulk, shape, mass and scale and its relationships with
adjoining properties and in the Esplanade as a whole would result in an
unacceptable development contrary to Policies D1 and D2 of the Unitary
Development Plan and PPG15 (Planning and the Historic Environment). |
2 |
The information accompanying this
application is inadequate and deficient in detail in respect of land
stability and geotechnical survey works so that the Local Planning Authority
is unable to consider fully the effects of the proposal on the stability of
the land and in the absence of further details it is considered that the
proposal is contrary to the requirements of PPG14 (Development on Unstable
Land). |
3 |
The information accompanying this
application is inadequate and deficient in detail in respect of survey work
regarding protected species such as badgers and wall lizards so that the
Local Planning Authority is unable to consider fully the effects of the
proposal on the protected species and in the absence of further details it is
considered that the proposal will have a detrimental effect on the habitats
of those protected species and therefore contrary to policy C8 (Nature
Conservation as a Material Consideration) of the Isle of Wight Unitary
Development Plan and PPG9 (Nature Conservation). |
10 |
Reference Number: P/01983/05
- TCP/26828/B Parish/Name: East
Cowes - Ward/Name: East Cowes North Registration Date:
14/10/2005 - Outline Planning Permission Officer: Mr A
Pegram
Tel: (01983) 823552 Applicant: Sigma
Homes Ltd Demolition of house; outline for block of 8 flats with
parking at lower ground floor level; alterations to vehicular access and
landscaping 23 Cambridge Road, East Cowes, PO326AH |
REASON FOR COMMITTEE CONSIDERATION
This is the third application this
year seeking to obtain planning permission for redevelopment of the site and
the current submission is largely controversial having attracted a substantial
number of letters of representation both for and against. |
1. Details of Application
1.1 Consent
is sought for demolition of the existing dwelling on the site and outline
planning permission for block of 8 flats.
With the exception of means of access, all other matters are reserved
for subsequent approval.
1.2 Although the application seeks outline
consent only, the submission is accompanied by illustrative drawings showing a
double fronted three store building with bay windows, reflecting the Victorian
architecture in the area, with parking facilities in an under storey.
2.1 Application
relates to rectangular site located on north eastern side of Cambridge Road, immediately
adjacent the junction with Maresfield Road.
Site is bounded to north east and south east by gardens to adjacent
properties and to northwest by an unmade track, which provides vehicular access
to adjacent property.
2.2 Site has a frontage of approximately 24
metres and a depth of some 43 metres.
Cambridge Road and area in immediate locality falls in a north westerly
direction, although the site itself is, for the most part, relatively level
with some terracing within the gardens.
2.3 The site is currently occupied by a quite
substantial detached Victorian dwelling constructed in yellow brick under a
slate roof. The property has been
altered in the past, including the installation of replacement aluminium
windows, detracting from its architectural merit.
2.4 Majority of the properties in this area
front directly onto the road although properties immediately to north of site,
which include a pair of semi-detached houses and a detached unit, depart from
this general pattern of development, sitting to the rear of the frontage
development and accessed over private driveways off Cambridge Road. The area is characterised by dwellings of
varying ages, although there is a strong Victorian influence, and includes a
number of three storey properties.
3. Relevant History
3.1 P/00168/05 – TCP/26828 – An application
seeking consent for demolition of the house and outline consent for three
storey building to provide eight flats with garaging and store to lower ground
floor and formation of vehicular access was submitted to the authority in
January 2005. The application was
subsequently withdrawn. Matters
considered on that outline application were siting, design and means of access,
with external appearance and landscaping reserved for subsequent approval.
3.2 P/01256/05 – TCP/26828/A – Application
seeking consent for demolition of dwelling and outline planning permission for
¾ storey building to provide 8 flats with parking and stores at lover ground
floor level was submitted to the authority in June 2005. Matters considered were siting, design and
means of access. The application was
refused in August 2005 on grounds that the proposal, by reason of the scale and
mass of the building would represent an over-development of the site, which in
turn would create conditions likely to give rise to overlooking, loss of
outlook and be of an overbearing nature to the detriment of the amenities of
neighbouring properties as well as being out of scale and character with the
prevailing pattern of development in the area.
This proposal is now the subject of an appeal to the Planning
Inspectorate.
4. Development Plan Policy
4.1 Planning Policy Guidance Note 3 –
Housing, sets out the role of the planning system in relation to housing policy.
Of particular relevance to the current proposal, the guidance note highlights
the Government’s commitment to _reenfield the re-use of previously developed
land and empty properties and the conversion of non-residential buildings for
housing in order both to promote regeneration and minimise the amount of
Greenfield land being taken for development.
5.2
Site is located within the development boundary as defined on the
Unitary Development Plan and is classified as a brown field site. Relevant policies of the plan are considered
to be as follows:
·
S1 – New development will be concentrated within
existing urban areas.
·
S2 – Development will be encouraged on land which has
been previously developed (brownfield) sites rather than undeveloped
(_reenfield) sites.
·
S6 – All development will be expected to be of a high
standard of design.
·
G1 – Development Envelopes for Towns and Villages
·
G4 – General Locational Criteria for Development
·
D1 – Standards of Design
·
D2 – Standards for Development Within the Site
·
H4 – Unallocated Residential Development to be
Restricted to Defined Settlements
·
H5 Infill Development
·
TR7 – Highway Consideration for New Development
·
TR16 – Parking Policies and Guidelines
5. Consultee and Third Party Comments
5.1 Internal Consultees
Highway Engineer
considers that proposal has implications affecting the highway and recommends
conditions should application be approved.
5.3
External Consultees
No comments received during the statutory consultation period and despite further request for comments, no response has been received at time of preparing this report.
5.3 Town and Parish Council Comments
East Cowes Town Council considers
that proposed building should be reduced in height by one storey and raises
concern about impact of development on privacy of neighbouring properties.
5.4 Third Parties/Neighbours
The application has attracted a total of 31 letters from local residents, Island Watch and the Isle of Wight Society objecting to the application on grounds which can be summarised as follows:
· Overdevelopment
· Development out of keeping with surrounding properties
· Proposal fails to meet design criteria of UDP policies D1 and D2
· Replacement building too large for modest scale street of family houses
· Loss of privacy to neighbouring properties and overshadowing/over dominant
· Inadequate parking
· Add to hazards of road users
· Added burden on drainage system – drains have insufficient capacity
· Detrimental impact on proposed conservation area
· Demolition of property would result in loss of a piece of history – building should be preserved and made a listed building in order to maintain the heritage of East Cowes
· Building is a fine specimen of Victorian Architecture which is unspoilt
· Would set a precedent for other properties to extend to rear causing further overlooking
· No major developments should be permitted until full extent of SEEDA regeneration is known
· Area is a haven for wildlife
· Level of excavation may have detrimental effect on surrounding properties
Application has also attracted 18 letters from local residents, including the current occupant of the property, although he is not the applicant, raising no objection/supporting the proposal and commenting as follows:
· No objection to demolition of existing property
· Redevelopment would be in keeping with area
· Proposal involves sympathetic redevelopment of site which will enhance residential accommodation in area
· Proposal will fit in with modernisation of East Cowes
· Many old properties in East Cowes and with redevelopment of area it is appropriate that this small development goes ahead
· Shortage of quality apartments in area
· Area includes a number of substantial properties
· Existing house too large for occupation by single family
· ‘Too many people live in past’ – many properties in East Cowes are past their ‘sell by’ date.
· Development will make provision for much needed parking
6. Evaluation
6.1 The site
is located within the development envelope and is classified as a brownfield
site, i.e. previously developed. Consequently, redevelopment of the site for
residential purposes is considered to be acceptable in principle and the main
issues in determining this application are as follows:
·
Loss of existing building.
·
Adequacy of site to accommodate development of eight flats.
·
Access and highway safety matters.
·
Likely impact on amenities of area in general and neighbouring
residential properties.
6.2 Concern has been expressed regarding the
loss of this building and view expressed that it should be listed for its
architectural and historic importance. However, Members are advised that a
formal request for the building to be listed has already been made to English
Heritage earlier this year (2005) whose advisor considered that,
notwithstanding the connection with Samuel Saunders, the house is
representative of mid-Victorian speculative housing and in no way special. He
concluded that its value is local and contextual but that this was not
sufficient for listing to be justified. Whilst an area close to the application
site is currently being considered for Conservation Area designation, the
Conservation and Design Team Leader does not consider the area in question to
have the same character as this site and the area between the two is not of
high quality. She advises that PPG15 states that Conservation Areas are about
areas not buildings and there is therefore a wider consideration than just one
building. Consequently, this building does not benefit from any protection,
from either listing or Conservation Area status, and refusal of the current
application on grounds of the loss of the existing building could not be
sustained on appeal.
6.3 Many of the letters of representation
objecting to this proposal have expressed concern regarding the size and design
of the proposed building. However, Members are reminded that this application
seeks outline consent only with all matters except access reserved for subsequent
approval, and the plans which form part of the submission are for illustrative
purposes only. These plans are submitted in an attempt to demonstrate that the
site can accommodate a building containing eight flats and Members should give
little weight, if any, to comments relating to the size and design of the
building. During pre-application discussions with the applicant’s agent, a
number of concerns were highlighted with regard to elements of the building as
detailed on the illustrative plans. In addition, it is noted that some of the
flats are quite substantial in terms of their floor area and this clearly has
implications for the size of the resultant building. Nevertheless, this is a
substantial site and your officers are satisfied that it can accommodate a
building providing eight flats in a form which would not have an excessive or
unacceptable impact on neighbouring properties. Issues such as the size, scale
and design of the building and positioning of windows are matters for
consideration on the submission of an application for approval of reserved
matters of full planning permission. In terms of the impact of the proposal on
the amenities of the area in general, the illustrative plans show what would
appear as a three storey building in the street scene and, given the mass of
the existing building and the mixture of dwelling types in the locality, which
include a number of three storey buildings, your officers are satisfied that
such development would not be inappropriate.
6.4 Proposal involves the formation of a
vehicular access within the north western corner of the site, immediately
adjacent an access track serving neighbouring properties. It is not considered
that a development of eight flats would generate significant vehicle movements
or that such a proposal would add unduly to the hazards of highway users. These
details have been considered by the Highway Engineer who has raised no
objection and recommends conditions should the application be approved. In the
absence of any objection from the Highway Engineer, it is not considered that
refusal of application on grounds relating to the formation of the access and
the impact on highway users would be sustainable. In terms of car parking
provision, given the size of the site, appropriate level of parking could be
accommodated to serve a development of eight flats.
7. Conclusion
and Justification for Recommendation
7.1 Having
given due regard and appropriate weight to all material considerations referred
to in this report, your officers are satisfied that development of this site
for residential purposes is acceptable in principle and that the site is of
adequate size to accommodate a building providing eight flats in a form which
would be unlikely to have a significant or adverse effect on neighbouring
properties. Whilst the existing building is of some architectural merit, it
does not benefit from any protection as a listed building or Conservation Area
status and refusal of the application on grounds of the loss of the existing
building would not be sustainable on appeal.
8. Recommendation
Application is recommended for conditional permission.
Conditions/Reasons:
1 |
The development hereby permitted
shall be begun either before the expiration of 5 years from the date of this permission,
or before the expiration of 2 years from the date of approval of the last of
the reserved matters to be approved, whichever is the later. Reason:
To comply with Section 92 of the Town and Country Planning Act 1990. |
2 |
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 permission. Reason: To comply with Section 92 of the
Town and Country Planning Act 1990. |
3 |
Approval of the details of the
siting, design and external appearance of the building(s) and the landscaping
of the site (hereinafter called "the reserved matters") shall be
obtained from the Local Planning Authority in writing before any development
is commenced. Reason:
In order to secure a satisfactory development and be in accordance
with policies S6 (Standards of Design), D1 (Standards of Design), D2
(Standards of Development Within the Site), D3 (Landscaping), TR7 (Highway Consideration
for New Development) of the IW Unitary Development Plan. |
4 |
No work shall commence in respect
of the demolition of the existing building until such time as an application
for approval of reserved matters or full planning permission for the redevelopment
of the site has been approved by the Local Planning Authority. Reason: In the interests of the
amenities of the area and to comply with policies G4 (General Locational
Criteria for Development) and D1 (Standards of Design) of the Isle of Wight
Unitary Development Plan. |
5 |
Development shall not begin until
details of the junction between the proposed service road and the highway
have been approved in writing by the Local Planning Authority; and the
building shall not be occupied until that junction has been constructed in
accordance with the approved details. Reason:
To ensure adequate access to the proposed development and to comply
with policy D1 (Standards of Design) of the IW Unitary Development Plan. |
6 |
No later than one month after the
day on which the building hereby permitted is first occupied or the access
hereby permitted is first used (whichever is the earlier) the existing access
to the site from Cambridge Road shall be permanently closed in accordance
with details 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 IW Unitary Development Plan. |
7 |
No building hereby permitted shall
be occupied until space has been laid out within the site and drained and
surfaced in accordance with details that have been submitted to and approved
by the Local Planning Authority in writing for 9 cars/bicycles to be parked and
for vehicles to be loaded and unloaded 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. |
8 |
Steps, including the installation
and use of wheel cleaning facilities in accordance with details to be submitted
to and approved in writing by the Local Planning Authority, shall be taken to
prevent material being deposited on the highway as a result of any operation
on the site. Any deposit of material
from the site on the highway shall be removed as soon as practicable by the
site operator. Reason:
In the interests of highway safety and to prevent mud and dust from
getting on the highway and to comply with policies TR7 (Highway
Considerations) and M2 (Defined Mineral Working) of the IW Unitary Development
Plan. |
9 |
No part of any boundary wall or
fence erected on the site frontage, nor any hedge planted to mark the
boundary or alongside any such boundary, wall or fence shall at any time be
permitted to be more than one metre above the level of the carriageway and
the resultant visibility splay shall be kept free of obstruction. Reason: In the interests of highway
safety and to comply with policies D1 (Standards of Design) and TR7 (Highway
Considerations) of the Isle of Wight Unitary Development Plan. |
11 |
Reference Number: P/01687/05
- TCP/05124/C Parish/Name:
Wootton - Ward/Name: Wootton Registration Date:
30/08/2005 - Outline Planning Permission Officer: Mr C
Hougham
Tel: (01983) 823552 Applicant: Mr D Scadding & Mrs P Wade Demolition of dwelling; outline for residential
development of 3 dwellings; alterations to vehicular access The Moorings, 15 Station Road, Wootton Bridge, Ryde,
PO334QU |
This application is recommended for
Conditional Permission
REASON FOR COMMITTEE CONSIDERATION
The Local Member, Councillor
Abraham, considers the proposal to be over development of the Station Road
frontage but is not opposed to some development.
1. Details of Application
1.1 This is an outline application with all
matters reserved to demolish a detached dwellinghouse and redevelop the site
with a pair of semi-detached houses fronting onto Station Road and a single
detached house on the frontage to Fernside Way.
1.2 The initial submission proposed four
units but following negotiations it was agreed that the various constraints,
including the need for a number of trees on the frontage onto Fernside Way to
be retained, would be best overcome if the proposed development on that particular
frontage was amended to a single detached house.
1.3 The application is accompanied by a tree
survey report in respect of a number of trees on either side of the south
eastern (rear) boundary of the site in close proximity to the garage to No. 1
Fernside Way and a larger Beech tree which occupies a central position within
the site.
1.4 Illustrative plans which show how the
site might be developed for three units and the level of accommodation that
could be achieved have been submitted.
2. Location and Site Characteristics
2.1 This is a 1930s detached house with the
benefit of a relatively substantial ‘L’ shaped plot fronting onto Station Road
with a secondary frontage onto Fernside Way. The building has not been well
maintained and it is understood that there may be some structural damage.
2.2 This is a predominantly residential area,
close to the controlled traffic junction with the A3054, characterised by
detached and semi-detached properties, some of which have large curtilages by
comparison with modern day development.
3. Relevant History
3.1 In February 1987 permission was granted
for a development of four houses within a larger curtilage of the parent
property fronting onto what is now known as Fernside Way. This permission was implemented
and the curtilage of the application site was reduced to its present size.
4. Development Plan Policy
4.1 National Policy
·
Planning Policy Statement 1 – Delivery Sustainable Development
·
Planning Policy Guidance 3 (Housing (2000))
Government is committed to
maximizing the re-use of previously developed land and empty properties and the
conversion of non-residential buildings for housing, in order both to promote
regeneration and minimise the amount of greenfield land being taken for development.
4.2 Strategic Policies
The relevant Strategic Policies are
S1, S2 and S7 which essentially recognise that new development will be
concentrated in an existing urban areas; development will be encouraged on land
that has been previously been developed, as opposed to Greenfield sites; and
there is a need for the development of at least 8,000 housing units over the
planned period, a proportion of which will occur on previously unidentified
sites.
4.3 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 – Locating Development to Minimise the Need to Travel
·
TR7 – Highway Considerations for New Development
·
U11 – Infrastructure and Services Provision
5. Consultee and Third Party Comments
5.1 Internal Consultees
Highway Engineer has indicated that
he does not wish to raise any objection to the application subject to the
imposition of appropriate conditions.
5.2 Parish Council objected to original
submission for four dwellings on grounds of overdevelopment of the site and out
of character in the streetscene, particularly Station Road.
5.3 Third Party Representations
Neighbours
Three letters of objection/comment
have been received, two from local residents living in Station Road and one
from a resident of Downsview Gardens. Their reasons for objecting about this
application can be summarised as follows:
·
Loss of existing property
·
Consideration needs to be given to traffic generation
·
Alleged problems with mains drainage during high rain fall
·
Over intensification of development
·
Fear of overlooking and associated loss of privacy
·
Concern over boundary treatment
6. Evaluation
6.1 There are two fundamental issues in connection with the
determination of this application.
·
There is no sustainable objection to the demolition of the existing
building
·
There is no sustainable objection to the re-development of the site for
residential purposes as it is within the development envelope boundary.
6.2 This is an outline submission with all
matters reserved for subsequent approval. Application is supported by
relatively detailed drawings that are to be used for illustrative purposes as
indicative of the type of development that may result if approval is granted
for three units. Consequently, other than the two primary matters referred to
above, the determining factors can be summarised in the following terms:
·
Suitability of site for intensification of residential development and
the likely impact on the character and appearance of the area and the level of
amenity currently enjoyed by the owner/occupiers of neighbouring properties.
·
Increased use of (improved) access onto Station Road to serve a pair of
semi-detached houses, as opposed to the existing single dwelling.
·
Likely impact proposed development off Fernside Way on the “tree
protection zone” identified in supporting information accompanying the
application.
·
Any other technical constraints.
6.3 On the first point the proposed plot(s)
for the pair of semi-detached houses is seen to be adequate, particularly in
terms of width, and although the predominating types on this side of Station
Road are detached units, the illustrative plans indicate that a pair can be
designed in such a way that it will appear to be context and therefore will not
have a detrimental effect on the amenities of the area. The size of plot and
mature boundaries means that there is unlikely to be any impact on neighbouring
properties sufficient to justify withholding permission.
6.4 The existing access on Station Road will
be improved and the area Highway Engineer has not raised an objection.
6.5 Position and siting of the detached unit
on Fernside Way is in accordance with the advice provided by the consultant who
prepared the tree survey. Notwithstanding this constraint the size of the plot
and the position of the proposed dwelling is in keeping with the character of
the immediate area.
6.6 The only possible technical constraint
relates to third party representations alleging problems in respect of
foul/surface water disposal; is considered that this can be dealt with
adequately by imposition of an appropriate condition.
7. Conclusion and Justification for
Recommendation
In revised form, there is no
sustainable objection to a suitably designed pair of semi-detached homes on a
relatively wide plot in Station Road and a single detached house off Fernside
Way.
8. Recommendation
The
application is recommended for conditional permission.
Conditions/Reasons:
1 |
The development hereby permitted
shall be begun either before the expiration of 5 years from the date of this permission,
or before the expiration of 2 years from the date of approval of the last of
the reserved matters to be approved, whichever is the later. Reason:
To comply with Section 92 of the Town and Country Planning Act 1990. |
2 |
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 permission. Reason: To comply with Section 92 of the
Town and Country Planning Act 1990. |
3 |
Approval of the details of the
siting, design and external appearance of the building(s), the means of
access thereto and the landscaping of the site (hereinafter called "the
reserved matters") shall be obtained from the Local Planning Authority
in writing before any development is commenced. Reason:
In order to secure a satisfactory development and be in accordance
with policies S6 (Standards of Design), D1 (Standards of Design), D2
(Standards of Development Within the Site), D3 (Landscaping), TR7 (Highway
Consideration for New Development) of the IW Unitary Development Plan. |
4 |
Development shall not begin until
drainage works have been carried out in accordance with details to be
submitted to and approved in writing by the Local Planning Authority. Reason:
To ensure an adequate drainage system is provided for the development
and to comply with policy U11 (Infrastructure and Services Provision) of the
IW Unitary Development Plan. |
5 |
No later than one month after the day
the repositioned access is first used the existing access to the site from
Station Road, Wootton shall be permanently closed in accordance with details,
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 IW Unitary Development Plan. |
6 |
Steps, including the installation
and use of wheel cleaning facilities in accordance with details to be
submitted to and approved in writing by the Local Planning Authority, shall
be taken to prevent material being deposited on the highway as a result of
any operation on the site. Any
deposit of material from the site on the highway shall be removed as soon as
practicable by the site operator. Reason:
In the interests of highway safety and to prevent mud and dust from
getting on the highway and to comply with policies TR7 (Highway
Considerations) and M2 (Defined Mineral Working) of the IW Unitary
Development Plan. |
7 |
Notwithstanding the provisions of
any Town and Country Planning (General Permitted Development Order) 1995 (or
any Order revoking and re-enacting that Order), no gates shall be erected
without the prior written approval of the Local Planning Authority. Reason: IN the interest of highway
safety and to comply with Policy TR7 (Highway Considerations) 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
surface in accordance with details that have been submitted to and approved
by the Local Planning Authority in writing for cars to be parked and for
vehicles to turn so that they may enter and leave the site (of Plots 1 and 2)
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 |
Development shall not begin until
details of the sight lines to be provided at the junction between the
accesses to Fernside Way and Station Road 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. |
10 |
Development shall not begin until
details of the relocation of the vehicular access to Plots 1 and 2 have been
approved in writing by the Local Planning Authority; and the building shall
not be occupied until that junction has been constructed in accordance with
the approved details. 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 dwelling hereby permitted shall
be occupied until space has been laid out within the site in accordance with
details that have been submitted and approved by the Local Planning
Authority, for three cars and for vehicles to turn so that they may enter and
leave the site in a forward gear. The space shall not thereafter be used for
any purpose other than that approved in accordance with this condition. Reason: In the interest of highway
safety and to comply with Policy TR7 (Highway Considerations for New
Development) of the IW Unitary Development Plan. |
12 |
No development shall take place
until details have been submitted to and approved in writing by the Local
Planning Authority of the positions, design, materials and type of boundary
treatment to be erected. The boundary
treatment shall be completed before the buildings hereby permitted are
occupied. Development shall be
carried out in accordance with the approved details. Reason:
In the interests of maintaining the amenity value of the area and to
comply with policy D1 (Standards of Design) of the IW Unitary Development
Plan. |
13 |
No development shall commence on the
site until details of design of all building foundations and of the layout,
positions, dimensions and levels of all trenches, ditches, drains and other
excavations on the site, have been submitted to and approved in writing by
the Local Planning Authority.
Development shall be carried out in accordance with the approved
details. Reason:
To avoid damage to health of existing trees and hedgerows and to
comply with policy C12 (Development Affecting Trees and Woodland) of the IW
Unitary Development Plan. |
14 |
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. |
12 & 12A |
Reference Number: P/01694/05 - TCPL/27263/A and P/01695/05 - LBC/27263 Parish/Name: Ryde -
Ward/Name: Ryde North East Registration Date:
31/08/2005 - Full Planning Permission Officer: Mr D Long Tel: (01983) 823552
Applicant:
Hutchison 3G (UK) Ltd Telecommunications installation comprising a 6.1m high
flagpole, 3 panel antennae with associated radio equipment housing &
ancillary development Royal York Hotel, 67 George Street, Ryde, PO332ES Plus LBC for telecommunications installation comprising a
6.1m high flagpole, 3 panel antennae with associated radio equipment housing
& ancillary development |
These are recommended for
Conditional Permission and Listed Building Consent.
REASON FOR COMMITTEE CONSIDERATION
The Local Member, Councillor Adams
has expressed concern over the visual impact of such an installation on a Listed
Building and also upon the Conservation Area of Ryde.
1. Details
of Application
1.1 This is a full application and a
concurrent listed building application.
1.2 The proposal is for telecommunications
installation disguised within a 6.1m flag pole to be fixed to the rear of the
round tower projecting 4m from the flat roof of the Royal York Hotel. The
height of the flat roof from street level is 24.5m, making the installation
read at a total height of 28.6m.
1.3 The proposal also comprises of equipment
housing measuring 1.8 sq m (approx) also attached to the flat roof of the Royal
York Hotel.
1.4 The flag pole and housing equipment is
connected by a series of cables protected by cable trays running along the roof.
1.5 The equipment on the roof level is
connected to a 0.75 sq m boxing unit located to the side elevation of the Royal
York at ground floor.
2. Location and Site Characteristics
2.1 The Royal York Hotel is a Grade II Listed
Building set within the development envelope of Ryde, located at the junction
of George Street and Cross Street. This area is designated as a Conservation
Area. The building itself is listed due to its art deco appearance.
2.2 The building sits in relative prominence
within the streetscene, being four storeys in height in comparison to other
buildings within the area.
2.3 There is a mix of residential and
commercial properties within the area. All the properties vary in design, scale
and mass being typical of such a Conservation Area.
3. Relevant History
3.1 There is no planning history relevant to
the determination of this application.
4. Development Plan Policy
4.1 The relevant National Policy Guidance
relevant to the determination of this application is:
·
Planning Policy Guidance Note 8 (Telecommunications)
·
PPG15 – Planning and the Historic Environment
4.2 Relevant Unitary Development Plan
Policies to be considered with this application are:
·
S6 – High Standards of Design
·
G4 – General Locational Criteria
·
D1 – Standards of Design
·
D8- Telecommunications
·
B1- Alterations and Extensions to Listed Buildings
·
B2 – Setting of Listed Building
·
B6 – Protection and Enhancement of Conservation Areas
·
U17 – Telecommunication Facilities
4.3 There is no Supplementary Planning
Guidance relevant to the determination of this application.
5. Consultee and Third Party Comments
5.1 Internal Consultees
·
The Conservation and Design Team recommend approval subject to
conditions. They indicate that proposal will have no significant impact on the
listed building or the conservation area as the proposal will simply read as a
flag pole attached to a property and not as a telecommunications installation.
The streetscene and setting of the building will not be affected as long as the
colour of the flagpole and ancillary unit can be regulated for the Local
Planning Authority’s approval.
5.2 Internal Consultees
·
There were no relevant external consultees to be considered within the
determination of this application.
5.3
Town Council comments.
·
Not applicable
5.4
Neighbours
The application has
attracted six letters of objection in total raising issues in respect of:
·
The proposal will degrade the setting of the Grade II Listed Building.
·
It will be visually obtrusive within the Conservation Area.
·
It will block light to gardens and would caste shadows over properties.
·
The Art Deco appearance of the Listed Building will be affected.
·
Will create inherent risks to health, being “a wolf in sheep’s
clothing”.
6. Evaluation
6.1 The
main issues relating to this application are:
·
The need for the installation within this area.
·
The impact on the Listed Building and Conservation Area
·
Health Implications
·
Remaining third party comments.
6.2 Information accompanying the submission clearly
indicates that there is a gap in coverage within the Ryde area and the proposal
will form an integral part of the operator’s network, demonstrating that there
is a need for an installation within this location. On this basis, the Local
Planning Authority has to weigh the technical justification for site coverage
against the visual appearance such structures can have within a locality. The
Commodore Cinema located at Star Street was an option but it is indicated that
the building has a number of operators using it and a through survey it was
established that the building is not structurally capable of supporting the
equipment needed to provide the required coverage. The Royal York Hotel is an
extensive building being high within the streetscene. This allows for extensive
site coverage by the operator. Being placed within such a location and upon a
Listed Building set with the Conservation Area, Planning Policy Guidance Note 8
recognises that such sites can be used subject to sensitive design and position.
6.3 The Conservation and Design Team suggest
that the appearance of a flagpole on this building will have no effect on the
listed building itself, nor affect its art deco appearance. Members should note
that the installation will be viewed as a single flagpole as shown on the
plans, with the antennae integrated within the flagpole and it will not hold
any other equipment as on many other telecommunication installations on the
Island. From ground floor level, the housing unit and associated wiring located
on the roof will not be seen. The design of this installation is not
inappropriate for this location and its appearance on the listed building.
Within the wider context of the Conservation Area, again the appearance is
deemed to be appropriate, as there will be no significant effect to the
prevailing pattern of development, amenities, or special characteristics of the
area. It is recommended that the installation is conditioned for colour
treatment to be agreed with the Local Planning Authority, in order for the
flagpole itself and the housing unit to blend into its environment.
6.4 The applicant has demonstrated that the
telecommunications installation is in accordance with PPG8 where it advises
that installations must comply with ICNIRP guidelines on maximum public
exposure levels with reference to electromagnetic field emissions (EMF). This
installation will meet ICNIRP public exposure guidelines and it is therefore
accepted that there will be no inherent risk to third party health.
6.5 It has been suggested that the flagpole
style antenna will block light to gardens, however due to its slender design,
having a diameter of just 174mm, its position on the roof top and its
relationship to dwellings within the area, it is considered that the impact of this
proposal on third party land would be minimal. This installation will not cause
any issues over right to light or casting obtrusive shadows within the area.
7. Conclusion and Justification for
Recommendation
7.1 In light of all material considerations
referred to in this report, the Local Planning Authority are satisfied that the
proposal is technically necessary for coverage within the Ryde area and will
not have an unacceptable impact on the Listed Building or within the
Conservation Area.
8. Recommendation
The applications are
recommended for Conditional Permission and Listed Building Consent
Members are advised that
these are to be determined each on their own merits.
Conditions/Reasons:
1 |
The development hereby permitted
shall be begun either before the expiration of 3 years from the date of this
permission, or before the expiration of 2 years from the date of approval of
the last of the reserved matters to be approved, whichever is the later. Reason:
To comply with Section 92 of the Town and Country Planning Act 1990. |
2 |
Any apparatus or structure
provided in accordance with that permission shall be removed from the land,
building or structure on which is it situated: if such development was carried
out on any Article 1(5) land in an emergency, at the expiry of the relevant
period; or in any other case, as soon as
reasonably practicable after it is no longer required for telecommunication
purposes; and such land, building or
structure shall be restored to its condition before the development took
place, or to any other condition as may be agreed in writing between the
Local Planning Authority and the developer. Reason:
To comply with Part 24A2 of the Town and Country Planning (General
Permitted Development) Order 1995 and to comply with policy D8
(Telecommunications Equipment on Buildings) of the IW Unitary Development
Plan. |
3 |
Before any development commences
on site, colour specifications for the flagpole and all ancillary structures
shall be submitted to and approved by the Local Planning Authority. The
colour treatment shall be implemented in accordance with the approved details
unless prior written approval has been granted by the Local Planning
Authority. Reason: In the interest of the visual
amenities of the area, to protect the visual appearance of the listed
building and to comply with Policies D1 (Standards of Design), B2 (Setting of
Listed Building) and B6 (Protection and Enhancement of Conservation Areas) of
the IW Unitary Development Plan. |
Conditions/Reasons for Listed Building Consent – P/01695/05
– LBC/27263
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. |
2 |
Any apparatus or structure
provided in accordance with that permission shall be removed from the land,
building or structure on which is it situated: if such development was carried
out on any Article 1(5) land in an emergency, at the expiry of the relevant
period; or in any other case, as soon as
reasonably practicable after it is no longer required for telecommunication
purposes; and such land, building or
structure shall be restored to its condition before the development took
place, or to any other condition as may be agreed in writing between the
Local Planning Authority and the developer. Reason:
To comply with Part 24A2 of the Town and Country Planning (General
Permitted Development) Order 1995 and to comply with policy D8
(Telecommunications Equipment on Buildings) of the IW Unitary Development
Plan. |
3 |
Before any development commences on
site, colour specification for the flagpole and all ancillary structures
shall be submitted to and approved by the Local Planning Authority. The
colour treatment shall be implemented in accordance with the approved details
unless prior written approval has been granted by the Local Planning
Authority. Reason: In the interests of the visual
amenities of the area, protect the visual appearance of the Listed Building
and to comply with Policies D1 (Standards of Design), B2 (Setting of Listed
Building) and B6 (Protection and Enhancement of Conservation Areas) of the IW
Unitary Development Plan. |
13 |
Reference Number: P/01916/04 - TCP/20468/C
Parish/Name: Ventnor
- Ward/Name: Ventnor East Registration Date:
19/10/2004 - Full Planning Permission Officer: Mr A
White Tel:
(01983) 823552 Applicant: Sigma
Homes Limited Detached dwelling with garage; detached double garage for
'Homelands'. land adjoining Homelands, Southgrove Road, Ventnor, PO38 |
This application is recommended for
Conditional Permission
REASON FOR COMMITTEE CONSIDERATION
This application has been reported to Committee as it raises a number
of contentious issues, in particular the innovative design.
1. Details of Application
1.1 Full planning permission is sought for a
detached house with integral double garage and a detached double garage to serve
the existing property known as ‘Homelands’. Both the proposed dwelling and
garage to ‘Homelands’ would be served by the same access off South Grove Road
and would also share the same turning facility.
1.2 The proposed house is shown to be split
level and arranged over three floors, and will be partially dug into a steep
vegetated slope. The design approach is uncompromisingly modern and constitutes
a contemporary solution to the considerable constraints imposed by this
challenging site.
1.3 The western end of the building would be
arranged over two and three floors and would be topped with a roof garden.
Walls would be part render and part curtain wall glazing including glass panels
for balustrading around the roof garden. The eastern end, which comprises
approximately two thirds of the entire building, would be arranged over two
floors but stepped up higher than the western end. The first floor section
would also cantilever over part of the ground floor. Walls would comprise
mainly of curtain wall glazing which would curve over onto a flat roof. A
feature of the proposed design is a glass dome which not only provides the
entrance and stairwell but also provides a visual break between the eastern and
western ends of the building.
1.4 Proposed dwelling would offer an integral
double garage, store, gym, four bedrooms, observation area, lift and open plan
living/dining/kitchen area on the upper floor which would open onto an external
decked area, an enclosed deck area and a roof garden.
1.5 Application is accompanied by a tree
report in respect of a Holm Oak and Turkey Oak, which are situated to the north
and east of the proposed house respectively. Both trees are considered to be in
good condition and are shown to be retained.
2. Location and Site Characteristics
2.1 Application site is a vacant piece of
land, almost rectangular in shape measuring approximately 48m long by 20m deep
and was formerly part of grounds to King Charles I Hotel which is situated
below. Although now part of applicant’s property at ‘Homelands’, which itself
is a substantial detached Victorian house of stone construction, the site is
heavily vegetated and clearly not cultivated as a domestic garden. This is
partly explained by the sloping nature of the site, which falls away steeply in
a north to south direction before dropping almost vertically down to the rear
of King Charles I Hotel. The site falls about 8 metres from east to west and
also approximately 8 metres north to south.
2.2 Area is generally characterised by
detached and terraced Victorian buildings which are positioned at significantly
varying levels due to the nature of the local terrain and often punctuated by
wedges of vegetated land.
2.3 Application site is outside but adjacent
the Ventnor Conservation Area boundary, which for the record includes
properties situated at the foot of the slope forward of the application site.
King Charles I Court situated below the application site is also a Listed
Building.
3. Relevant History
3.1 TCP/20468/S/24986 – Outline for house and
garage on land south of ‘Homelands’, South Grove Road refused June 1990 on
grounds that development would be detrimental to the visual amenities and
character of the King Charles I Hotel which is a listed building and the site
is within an area of fundamental ground instability.
3.2 TCP/20468/A/P1896 – Outline for a
bungalow on land south of ‘Homelands’, South Grove Road refused March 1996 on
grounds that development would be detrimental to visual amenities and character
of the locality and that the site is identified as being within an area of
ground instability.
3.3 TCP/20468/B/P/483/97 – Outline for a
bungalow on land south of ‘Homelands’, South Grove Road refused November 1997
on grounds that the development of the site with a dwelling, either two storey
or a bungalow, would be detrimental to the visual amenities and character of
the surrounding area.
3.4 None of these decisions were subject to
appeal.
4. Development Plan Policy
4.1 PPS1 (Delivering Sustainable Development)
replaces PPG1 (General Policies in Principle) and emphasises the following:
·
Good design to ensure attractive, useable and durable and adaptable
places contributing positively to making places better for people.
·
Designs which are inappropriate in their context failing to improve the
character and quality of an area should not be accepted.
·
Good design should:
·
Be integrated into the existing urban form and natural built
environment.
·
Optimise the potential of the site to accommodate development.
·
Respond to local context and create and enforce local distinctiveness
·
Be visually attractive as a result of good architecture and appropriate
landscaping.
This document
re-emphasises points previously made in PPG1:
·
Avoid unnecessary prescription and detail.
·
Should concentrate on guiding the overall scale, mass, landscaping,
layout and access of the new development in relation to the neighbouring
buildings and local areas more generally.
·
Should not attempt to impose architectural styles or particular tastes.
·
Should not stifle innovation, originality or initiative through
unsubstantiated requirements to conform to certain developments or forms or
styles.
4.2 PPG3 (Housing) – emphasises the
following:
·
Provide wider housing opportunity and choice including better mix, size,
type and location of housing.
·
Give priority to reusing previously developed land in urban areas taking
pressures off greenfield sites.
·
Create a more sustainable pattern of development ensuring accessibility
to public transport, jobs, education etc.
·
Make more efficient use of land by adopting appropriate densities with
30-50 units per hectare quoted as being the appropriate level of density.
·
Emphasise the need for good quality designs.
·
New housing development should not be viewed in isolation but should
have regard to the immediate buildings in the wider locality.
4.3 PPG14 (Development on Unstable Land)
states that planning applications relating to certain areas should be
accompanied by a slope stability report which demonstrates that the site is
stable or can be made so, and will not be affected or trigger land sliding
beyond the boundaries of the site.
4.4 Site is within the development envelope
boundary for Ventnor as identified on the Isle of Wight Unitary Development
Plan (UDP) and adjoins the Conservation Area boundary which sits at the bottom
of a scarp slope immediately forward of the application site.
4.5 The following policies of the UDP are considered to be relevant:
·
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
·
G7 – 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
·
H4 – Unallocated Residential Development to be Restricted to Define Settlements
·
H5 – Infill Development
·
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
Conservation and Design Team Leader
expresses the following concerns:
·
Lack of contextual information in terms of depicting the relationship of
the proposed dwelling with a listed building and conservation area to the south
and ‘Homelands’ to the north.
·
Views through the access from South Grove Road would be of a side
elevation, with front elevation facing south overlooking Ventnor. This
effectively neglects the South Grove Road frontage.
·
Pair of incongruously traditional garages forward of the contemporary
house.
·
Unconvinced that the submitted illustrations are an accurate impression
of what might be the finished building. For example, the extensive glazed
elements show feint single line where one may assume glazing bars will exist.
One must question whether it’s capable of being built as drawn.
·
Development in this area is generally layered relative to the roads,
with green wedges slotting in between. When viewed from a distance, including
on the water, these green wedges are very important to the form and structure
of the settlement.
·
Developments such as this result in the loss of this definition to the
detriment of the character of the area.
Highway
Engineer recommends conditional permission.
Geotechnical
consultant – no objection subject to conditions.
5.2 Town or Parish Council Comments
Ventnor Town Council sees no reason
why planning consent should not be issued.
5.3 Neighbours
Six letters have been received from
local residents who object on grounds which can be summarised as follows:
·
Ground stability concerns given precarious position of the proposed
dwelling.
·
Design is out of keeping, particularly as area is dominated by Victorian
houses. Futuristic design is totally unsuitable for this context.
·
Light pollution at night given the amount of glass.
·
Impact on trees.
6. Evaluation
6.1 Determining factors in
this instance relate to:
·
Principle
·
Ground stability
·
Impact on neighbouring property occupiers
·
Appropriateness of design in this location
·
Trees
6.2 Site is within the development envelope
for Ventnor meaning that the principle of development is acceptable in
the broadest of terms. However, permission for residential development was
consistently refused between 1990 and 1997 on grounds of appearance and ground
instability, therefore casting doubt as to whether the site is developable at
all. Members will be aware, however, that there has been a fundamental shift in
policy in terms of placing greater emphasis on making efficient use of land in
built up areas. It is acknowledged that this site offers significant
constraints in terms of its gradient, proximity to a scarp slope,
conspicuousness and potentially vulnerable ground conditions, hence why
development has previously been refused. However, this is arguably the first
application which has responded positively to these constraints and, coupled
with greater emphasis on making more efficient use of urban land, it is
considered that this site could well have development potential depending upon
visual impact and ground stability implications.
6.3 Members
are advised that the Unitary Development Plan, adopted in 2001, has identified
the site as acceptable in principle for development and this is a material
change since the earlier refusals up to 1997. Therefore the principle of
development on the site is no longer an issue.
6.4 Regarding ground stability, the
majority of the site is within an area identified as being ‘likely to be
suitable for development’ as shown on the Ventnor Undercliff Coastal Landslip
Potential Assessment. The application is accompanied by a Stability Report
which has been considered by the Council’s Geotechnical Consultant. He is of
the opinion that the proposed building may be constructed without adversely
affecting the stability of neighbouring properties or being adversely affected
by instability arising from outside the site and hence the requirements of
PPG14 are satisfied. However, he does recommend a condition stating that
further site investigation should be carried out prior to the commencement of
development, which will necessitate the submission of a methodology report
outlining the means of excavation and disposal of material together with design
construction of retaining walls. Accordingly, officers are satisfied that
proposal accords with Policy G7 regarding development on unstable land.
6.5 In terms of impact on neighbouring
property occupiers, the main aspect to the proposed dwelling would be due
south where it would overlook Ventnor town centre and the sea. Accordingly,
overlooking is not considered to be an issue in this direction. Regarding the
potential for overlooking from the proposed balcony and outside decked area
into properties to the rear, it is relevant to note that there is a significant
change in ground level whereby the vantage point from either outside amenity
area is unlikely to be higher than the hedged boundary between the site and
adjoining properties. Officers are therefore satisfied that the proposed
dwelling would not result in an unacceptable level of overlooking and is
therefore compliant with Policy D1 in this respect.
6.6 The issue which is probably the most
controversial is the appropriateness of the design in this location. This
is probably the most important issue and, as always, involves an element of
subjectivity when assessing this matter. Clearly the ‘safe’ (and some might say
bland) option would be to design a house which reflects the local vernacular
and lacks any form of distinctiveness. However, the agent has taken a more
radical approach in seeking consent for a modern and innovative design which he
considers would compliment the surrounding area.
6.7 The most prominent views of the proposed
house would be from the south, looking up to the site from the town centre
through part of the conservation area and past a listed building, and when
approaching the site from the west along South Grove Road. Contextual images of
views into the site suggest that heavy vegetation at the top of the slope would
screen a large part of the proposed dwelling with the most prominent section
being the glazed dome over the stairwell and observation platform. The dwelling
would also be viewed against a back drop of vegetation, not least of which is a
large Holm oak on the northern boundary of the site. Accordingly, proposal
would maintain a key characteristic of the area, that being the important
fusion of natural growth with the built environment. Such fusion would go
someway in helping this innovative design to sit non-offensively into its
context.
6.8 The view from the west would doubtlessly
be prominent. However, it would mainly be viewed in isolation as properties to
the south are at a much lower level and therefore not viewed in context with
the development from the west. Properties to the north are at a higher level,
set a reasonable distance away and separated from the site by vegetation. This
relationship would be further aided by the manner in which the dwelling would
be well anchored into the site owing to its split level nature and curvaceous
design. Finally on this issue, Members attention is drawn to advice in PPS1,
which discourages planning authorities to be unnecessarily prescriptive and
‘should not stifle innovation, originality, or initiative through
unsubstantiated requirements to conform to certain forms or styles’.
Specifically, the document states that, in terms of architecture, the planning
authority ‘should not attempt to impose architectural styles or particular
tastes.’ Given the above assessment and notwithstanding the views of the
Conservation and Design Team Leader, it is considered that the proposal
constitutes an innovative and exciting solution to the challenges imposed by
this difficult site. Members are strongly advised not to reject the proposal
just because it chooses not to conform to the Victorian vernacular in this part
of Ventnor, but to accept that the unique characteristics of the site warrant a
unique design approach in order to maximise the potential of this site within a
built up area.
6.9 Other specific concerns of the
Conservation and Design Team Leader relate to the ‘buildability’ of the
proposed dwelling and light pollution at night given the amount of glass
proposed. Regarding the first point, agent has submitted construction drawings
and technical information from a glazing manufacturer suggesting that the
scheme could be implemented as shown. In any event, officers are satisfied that
specific details can be controlled through planning conditions. Such conditions
would require details in respect of the type of glass, size of glazing bars,
balustrading, drainage and colour of render. Regarding light pollution, site is
within an urban location overlooking Ventnor town centre where ambient light
levels are already quite high. Accordingly, it is not considered that the
proposal would be particularly intrusive in this respect.
6.10 There are two trees on the site which
are considered to be important in the local landscape and would also help to
partially screen and soften the impact of the proposed house. These trees are
the subject of an arboricultural report which has been vetted by the Council’s
Tree Officer. He is satisfied that the development can take place as proposed
without undermining the health or stability of these trees. Accordingly,
proposal satisfies Policy C12 in this respect.
7. Conclusion and Justification for Recommendation
7.1 Having
given due regard and appropriate weight to all material considerations outlined
in this report, Members are strongly advised not to reject this proposal just
because it chooses not to conform to the Victorian vernacular in this part of
Ventnor. It represents an innovative solution to this challenging site, a
solution that takes full account of the changes in levels. The proposed
dwelling would be set within a spacious setting and would retain important
trees and vegetation which create an important fusion with buildings.
Essentially, it is considered that the proposal would protect and arguably
enhance the appearance of this site through the use of good quality
contemporary architecture, whilst also being integrated into the grain of the
existing built environment. The impact on nearby property occupiers will be
minimal, and the Council’s Geotechnical Consultant is satisfied that the
proposal would satisfy the requirements of PPG14. Similarly, the Tree Officer
is of the view that the health and stability of important trees would not be
compromised. Therefore, officers conclude that on balance the development in
question does comply with policies contained in the UDP and recommend
accordingly.
8. Recommendation
Conditional Permission.
Conditions/Reasons:
1 |
The development hereby permitted
shall be begun before the expiration of 3 years from date of this permission. Reason:
To comply with Section 91 of the Town and Country Planning Act 1990. |
2 |
No development shall take place
until samples of materials and finishes to be used in the construction of the
external surfaces of the development hereby permitted have been submitted to
and approved in writing by the Local Planning Authority. Development shall be carried out in
accordance with the approved details. Reason:
In the interests of the amenities of the area and to comply with
policy D1 (Standards of Design) of the IW Unitary Development Plan. |
3 |
No development shall take place
until details of glazing including type of glass, the alignment and
dimensions of glazing bars have been submitted to and agreed in writing by
the Local Planning Authority. Development shall only proceed in accordance
with the agreed details. Reason: To ensure that the dwelling is
of a satisfactory appearance and in the interest of the amenities and
character of the area in general and to comply with Policy D1 (Standards of
Design) of the Isle of Wight Unitary Development Plan. |
4 |
No development shall take place
until details of surface water drainage and guttering have been submitted to
and agreed in writing by the Local Planning Authority. Development shall only
proceed in accordance with the agreed details. Reason: To ensure that the dwelling is
of a satisfactory appearance and in the interest of the amenities and
character of the area in general and to comply with Policy D1 (Standards of
Design) of the Isle of Wight Unitary Development Plan. |
5 |
No development shall take place
until details of the proposed garage door have been submitted to and agreed
in writing by the Local Planning Authority. Development shall only proceed in
accordance with the agreed details. Reason: To ensure that the dwelling is
of a satisfactory appearance and in the interest of the amenities and
character of the area in general and to comply with Policy D1 (Standards of
Design) of the Isle of Wight Unitary Development Plan. |
6 |
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:
So that the Local Planning Authority can assess the design
implications of any future extensions and alterations and in the interest of
the amenities of the area and to comply with Policy D1 (Standards of Design)
of the Isle of Wight Unitary Development Plan. |
7 |
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 other than those expressly authorised by this permission shall be
constructed unless otherwise agreed in writing by the Local Planning
Authority. Reason: To ensure that the dwelling is
of a satisfactory appearance and in the interest of the amenities and
character of the area in general and to comply with Policy D1 (Standards of
Design) of the Isle of Wight Unitary Development Plan. |
8 |
No development including site
clearance shall commence on the site until all trees or groups of trees to be
retained have been protected by fencing or other agreed barrier along a line
to be agreed in writing by the Local Planning Authority. Any fencing shall
conform to the following specification: A 1.2m minimum height Chestnut paling
to BS1722 Part 4 Standard securely mounted on 1.2m minimum above ground
height timber posts driven firmly into the ground. Such fencing or barrier
shall be maintained through 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 or groups of trees to be retained are adequately protected to avoid
damage to their health and stability throughout the construction period and
in the interests of the amenities of the area and to comply with Policies D3
(Landscaping) and B6 (Protection and Enhancement of Conservation Areas) of
the IW Unitary Development Plan. |
9 |
Existing trees which are to be
retained in accordance with the approved plans shall be subject to paragraphs
a and b below. Such condition 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
the Local Planning Authority. Any topping or lopping approved shall be
carried out in accordance with the BS3998 (Tree work). b) Any retained preserved tree is
removed, uprooted or destroyed or dies, replacement trees 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 interest of the amenities of the area and to
comply with Policies D3 (Landscaping) and B6 (Protection and Enhancement of
Conservation Areas) of the IW Unitary Development Plan. |
10 |
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. |
11 |
Soft landscape works shall include
[planting plans; written specifications (including cultivation and other operations
associated with plant and grass establishment); schedules of plants, noting
species, plant sizes and proposed numbers/densities; an implementation
programme]. Reason:
To ensure the appearance of the development is satisfactory and to comply
with policy D3 (Landscaping) of the IW Unitary Development Plan. |
12 |
All planting, seeding or turfing
comprised in the approved details of landscaping shall be carried out in the
first planting and seeding seasons following the occupation of the buildings
or the completion of the development, whichever is the sooner, and any trees
or plants which within a period of 5 years from the completion of the
development die, are removed or become seriously damaged or diseased shall be
replaced in the next planting season with others of similar size and species,
unless the Local Planning Authority gives written consent to any variation. Reason:
To ensure the appearance of the development is satisfactory and to
comply with policy D3 (Landscaping) of the IW Unitary Development Plan. |
13 |
No development shall take place
until details have been submitted to and approved in writing by the Local
Planning Authority of the positions, design, materials and type of boundary
treatment to be erected. The boundary
treatment shall be completed before the 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. |
14 |
No development shall take place
until a comprehensive site investigation has been carried out, which may be
by trial pit or bore hole to at least the depth of the proposed footings and
a Method Statement produced confirming the material found, the proposed
method of excavation and the method of disposal of the excavated material,
with the design and construction of the proposed retaining walls and method
of supporting the buildings above and the protection of buildings below
during construction. Such method statement shall be submitted to and agreed
in writing by the Local Planning Authority and development shall only proceed
in accordance with the agreed details. Reason: To minimise the threat to the
stability of the adjoining land and buildings during the construction phase
of the development and to comply with Policy G7 (Development on Unstable
Land) of the Isle of Wight Unitary Development Plan. |
15 |
All material excavated as a result
of general ground works, including site levelling, 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 material shall be
removed from the site prior to construction of the dwelling proceeding beyond
damp proof course level or such other time scale as may be agreed with the
Local Planning Authority. Reason: In the interests of the
amenities of the area and adjoining residential property in particular and to
comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary
Development Plan. |
16 |
No dwelling hereby permitted shall
be occupied until its garages have been constructed in accordance with the
approved plans. Reason:
To ensure adequate off-street parking provision and to comply with
policy TR7 (Highway Considerations) of the IW Unitary Development Plan. |
14 |
Reference Number: P/00347/04
- TCP/02524/K Parish/Name:
Ventnor - Ward/Name: Ventnor East Registration Date:
10/03/2004 - Full Planning Permission Officer: Mr A
Pegram
Tel: (01983) 823552 Applicant: A J Salisbury Alterations & extension to include removal of roof
& extension to provide accommodation at 1st floor level (revised scheme) Maples Farm, Trinity Road, Ventnor, Isle Of Wight, PO381NS |
Reason for Committee
Consideration
The
Local Member, Cllr Fitzgerald-Bond, accepts that there is no objection in principle
to the extension of this property but considers the materials to be used
would be out of keeping with the surrounding area. |
1. Details of Application
1.1 Proposal
involves alterations and extensions to an existing sectional concrete bungalow,
to include single storey extension on eastern side of property and removal of
pitched roof and extension at first floor to provide additional accommodation.
In essence this is the creation of an entirely new property totally embracing
and developing the existing bungalow.
1.2 The existing windows and external doors
would be replaced with new hardwood windows and doors and the first floor
elevations would be finished for most part in untreated cedar cladding. The shallow pitched roof to the property
would be covered with a rubber membrane over a plywood deck.
1.3 The resultant building would provide
accommodation comprising lounge, kitchen, wc, recreation room and two studies with
three bedrooms, all with en-suite facilities, and separate bathroom at first
floor level.
2.1 Application
relates to detached bungalow occupying rectangular plot on southern side of
Trinity Road, adjacent its junction with St Boniface Road and Bonchurch Village
Road. The existing property is a
sectional concrete bungalow with painted elevations under a concrete tile roof
and of no particular architectural merit. Site is located opposite an open
triangular shaped area of land laid to grass.
2.2 The site is bounded to west by block of
garages, accessed from and running at right angle to Trinity Road, with Grade
II listed cottages to east constructed in natural stone under a slate
roof. Land to rear of site rises
steeply and is well stocked with trees.
Property beyond garages to west of site is a modern detached house
constructed in brick under a concrete tile roof.
2.3 The premises are not situated within a
Conservation Area.
3. Relevant History
3.1 None which is considered to be directly
relevant to the current proposal.
4. Development
Plan Policy
4.1 Planning Policy Statement 1 outlines the
Government’s policy on issues relating to the delivery of sustainable
development. Of particular relevance to
the current proposal, the document deals with design issues and advises that
planning authorities should plan positively for the achievement of high quality
and inclusive design, including individual buildings, public and private spaces
and wider area development schemes. In
addition, the document advises that design policies should avoid unnecessary
prescription or detail and that local planning authorities should not attempt
to impose architectural styles or particular tastes and they should not stifle
innovation, originality or initiative through unsubstantiated requirements to
conform to conform to certain development forms or styles. Planning Policy
Guidance note 15 – Planning and the Historic Environment provides comprehensive
advice on controls for the protection of historic buildings and conservation
areas. The guidance note highlights the
requirements of the legislation which requires Local Planning Authorities
considering applications for planning permission or listed building consent for
works which affect a listed building to have special regard to matters,
including the desirability of preserving the setting of the building.
4.2 Site is located within
the development boundary as defined on the Unitary Development Plan. Relevant policies of the plan are considered
to be as follows:
·
S6 – All development will be expected to be of a high
standard of design.
·
G4 – General Locational Criteria for Development
·
D1 – Standards of Design
·
D2 – Standards for Development Within the Site
·
B2 – Settings of Listed Buildings
·
H7 – Extensions and Alterations of Existing Properties
5. Consultee
and Third Party Comments
5.1
Internal Consultees
Conservation and Design
Team Leader:
Conservation and Design Team
Leader considers that the current scheme is an improvement to the original
submission, although its detailing and execution are critical to the success of
the proposal along with the performance of materials.
In view of the lack of
detail in the submission, she would wish to see conditions imposed on any
consent requiring large scale details of junctions between roof and walls,
cladding and lower walls and setting in of windows, including cills. In addition details/samples of materials and
finishes for all external elements (including windows) should be agreed. In addition, this information should include
details of rainwater products.
5.2 External Consultees
None
5.3 Town and Parish Council Comments
Ventnor Town Council
considers that planning consent should be subject to a condition that the
façade and roof should be constructed in natural materials to blend with the
adjacent properties.
5.4 Third Parties/Neighbours
The revised proposals have attracted have attracted 9 letters, predominantly from local residents, objecting to the proposal on grounds which can be summarised as follows:
· Proposal is out of keeping with the area, detrimental to the character of the village – area is characterised by Victorian stone cottages and houses
· Design has no obvious architectural merit and will dominate the existing character cottages
· Proximity to neighbouring property – would over dominate neighbouring building
· Located adjacent Grade II Listed Building and on edge of Bonchurch Conservation Area
· Proposal involves retention and extension of a prefabricated building
6. Evaluation
6.1
The extension of this residential property is considered to be
acceptable in principle and the determining factors in considering this
proposal are therefore as follows:
·
Whether the design, scale and general appearance of the resultant
building is considered to be acceptable
·
Impact of proposal on the character of the area and, in particular, the
setting of the adjacent Listed Building
·
The impact of the proposal on the amenities of neighbouring properties
6.2
The original submission sought consent for the demolition of the
existing bungalow and the construction of a replacement dwelling on the
site. The replacement dwelling was
shown to be L-shaped, having a quite substantial footprint, providing two
storey accommodation. Although this
dwelling was of a more traditional design, incorporating natural stone in the
construction of the external elevations under a slate roof, it was considered
that the proposal would have an unacceptable impact on the amenities of the
neighbouring property as well as detracting from the setting of the adjacent
listed building, principally by reason of a two storey element projecting to
the rear of the building, immediately adjacent boundary of the site. Concern was also expressed by the
Conservation Officer regarding the general appearance of the building as seen
from the public highway.
6.3
During subsequent negotiations, the applicant was made aware of the need
to produce a design which did not over-dominate or compete with the adjacent
listed building. In particular, it was
considered that the original proposal obstructed views of the adjacent listed
building, detracting from its setting.
Consequently, following discussions with the Conservation and Design
Team Leader, the applicant has chosen to submit a revised scheme involving
alterations and extensions to the existing bungalow, adopting a more
contemporary design.
6.4
The extension adjacent the boundary has been limited to single storey
only and the first floor element on the eastern side of the building has been
set back from the frontage in order to ensure that the proposal does over
dominate the neighbouring property.
Consequently, your officers are satisfied that the resultant building
would not over dominate the neighbouring property or detract from the amenities
of the occupiers thereof. In addition,
the provision of a shallow pitched roof keeps to a minimum the overall height
of the building, again ensuring that it does not appear over dominant in the
street scene.
6.5
Whilst the properties to the east of the site are older character
cottages, there are examples of more modern dwellings in the area, including a
two storey detached dwelling beyond the garage block to the west of the
application site. Therefore, there is a
variety of dwelling types and styles in the locality and your officers are
satisfied that the design approach adopted in the revised proposals is
acceptable and will not detract from the character and amenities of the area.
6.6
The buildings in the locality are constructed in a variety of materials,
including natural stone, brick and render with concrete tile or slate roof
coverings. The ground floor elevations
of the resultant dwelling would have the appearance of render while the upper
elevations would be clad in untreated cedar boarding. This would weather down to a silver/grey colour and would blend
well with the natural stone in the area.
6.7
The western elevation of the property to the east contains a number of
windows, both at ground and first floor level.
Whilst it was considered that the original proposal would have been
likely to result in an unacceptable impact, by reason of its proximity to the
boundary, physical impact and loss of light, the revised proposal would have minimal
impact on the neighbouring property by limiting the height of the structure to
single storey only adjacent the boundary and setting the first floor element
away from the boundary. Consequently,
your officers are satisfied that the proposal will not have an excessive or
unacceptable impact on the amenities of the neighbouring property.
7. Conclusions
and Justification for Decision
7.1 Having given due regard and appropriate
weight to all material considerations referred to in this report, your officers
consider that the scale, design and general appearance of the resultant
building is appropriate in this locality and will not detract from the
character of the area or the amenities of the neighbouring property. In particular, the building will not
dominate or detract from the setting of the adjacent listed building.
8. Recommendation Conditional Permission
Conditions/Reasons:
1 |
The development hereby permitted
shall be begun before the expiration of 5 years from date of this permission. Reason:
To comply with Section 91 of the Town and Country Planning Act 1990. |
2 |
Prior to work commencing on site, comprehensive
drawings prepared at a scale of no less than 1:20, providing sections through
the window and door frames, together with details of the finishing to the
timber cladding around window and door openings and at the junction between
the first floor and ground floor elevations along with detailing around the
eaves, shall be submitted to and approved by the Local Planning
Authority. Thereafter, the
development shall be carried out strictly in accordance with the approved
details. Reason – To ensure that the development
is finished to a high standard, in the interests of the amenities and
character of the area and to comply with Strategic Policy S6 (Standards of
Design) and Policies G4 (General Locational Criteria for Design), D1
(Standards of Design) and D2 (Standards for Development Within the Site) of
the Isle of Wight Unitary Development Plan. |
3 |
No development shall take place
until [samples of materials/details of the materials and finishes, including mortar
colour] to be used in the construction of the external surfaces of the
development hereby permitted have been submitted to and approved in writing
by the Local Planning Authority.
Development shall be carried out in accordance with the approved details. Reason:
In the interests of the amenities of the area and to comply with
policy D1 (Standards of Design) of the IW Unitary Development Plan. |
4 |
Notwithstanding the provisions of
the Town and Country Planning (General Permitted Development) Order 1995 (or
any Order revoking and re-enacting that Order, with or without modification),
no windows/dormer windows (other than those expressly authorised by this
permission) shall be constructed. Reason – To ensure that any alterations
do not detract from the appearance of the building or privacy of neighbouring
occupiers and to comply with Policies G4 (General Locational Criteria for
Development) and D1 (Standards of Design) of the Isle of Wight 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 ensure that any alterations
do not detract from the appearance of the building and to comply with
Policies G4 (General Locational Criteria for Development) and D1 (Standards
of Design) of the Isle of Wight Unitary Development Plan. |
6 |
Prior to the commencement of
development there shall be submitted to the Local Planning Authority for its
approval in writing a detailed survey of the existing dwelling setting out clearly
the amount of this property that is to be preserved and incorporated into the
scheme of extension and alteration hereby permitted. Reason: To control the amount of
redevelopment work undertaken as the permission does not allow for
demolition, or substantial demolition work and to comply with Policies G4
(General Locational Criteria for Development) and D1 (Standards of Design) of
the Isle of Wight Unitary Development Plan. |
15 |
Reference Number: P/02641/04
- TCP/22282/D Parish/Name: Ryde
- Ward/Name: Ryde North West Registration Date:
15/12/2004 - Full Planning Permission Officer: Mr A
White Tel:
(01983) 823552 Applicant: Mr D Willett Detached house with detached garage; formation of vehicular
access (revised scheme) land rear of The Dolphins, Augusta Road, Ryde, PO33 |
This application is recommended for
Conditional Permission
REASON FOR COMMITTEE CONSIDERATION
The Local Member, Councillor A Taylor,
has requested that this application is considered by Committee as it raises a
number of contentious issues.
1. Details of Application
1.1 Full planning permission is sought for a
detached house, detached single garage and access off Sea Close. Submitted
plans show a large Victorian style property with gable features and a front
facing two storey canted bay window. Design details and overall proportions are
reminiscent of the Victorian period.
1.2 Dwelling would be positioned towards the
centre of the site, being a Reasonable distance off each boundary. Plans
indicate the crown spread of three prominent trees, two of which are within the
application site and the other overhangs. Application is accompanied by a tree
report.
2. Location and Site Characteristics
2.1 Site measures 30m x 24m and is situated
on the Pelham Field Estate which is located to the north of Spencer Road and is
accessed over Augusta Road and Sea Close. It previously formed part of the
residential curtilage to an adjoining property, but has since been fenced off.
Site is within the Ryde Conservation Area, where this immediate location is not
just recognised for its architectural importance comprising of Victorian style
villas, but also for its landscape setting as well. Application site is host to
individual specimens of particular note (TPO’d in 2002) and also overhung by
adjoining important trees.
2.2 The character of the area is of large
properties, mainly detached, set in extensive grounds at a density of under
10/ha.
3. Relevant History
3.1 P/00930/97 – TCP/22282 – Detached house
and double garage granted conditional permission in October 1997.
P/01581/01 – TCP/22282/A – Renewal:
Detached house with garage withdrawn March 2002.
P/01076/03 – TCP/22282/B – Detached house
with double garage; formation of vehicular access refused March 2003 on grounds
that its position, size, design and external appearance would be intrusive, out
of scale and character with the prevailing pattern of development. Furthermore,
insufficient details were submitted regarding trees and in particular their
location, species, crown spreads and assessment of their condition.
P/00912/04 – TCP/22282/C – Detached
house with detached garage; formation of vehicular access refused in October
2004 on grounds that inadequate and insufficient information had been submitted
in respect of trees. Moreover, it was felt that trees to be retained which are
considered important to the local landscape would cast considerable shade over
the dwelling, thereby prejudicing the future retention of those trees.
4. Development Plan Policy
4.1 PPS1 (Delivering Sustainable Development)
stresses the need for good design to ensure that spaces and places are
attractive, usable and durable for people. Designs which are inappropriate in
their context and /or failing to improve the character and quality of an area
should not be accepted. Good design should:
·
Be integrated into the existing urban form and natural built
environment.
·
Optimise the potential for a site to accommodate development.
·
Respond to local context and create and enforce local distinctiveness.
·
Be visually attractive as a result of good architecture and appropriate
landscaping.
4.2 PPG3 (Housing) stresses the need to make
efficient use of brownfield sites, but not to the detriment of the built
environment.
4.3 PPG15 (Planning and the Historic
Environment) states that special attention must be paid to ensuring
preservation and enhancement of the character and appearance of conservation
areas.
4.4 In terms of Local Plan Policies, site is
within the development envelope and conservation area boundaries for Ryde.
Relevant 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
·
S10 – Areas of Historic Value
·
G1 – Development Envelopes for Towns and Villages
·
G4 – General Locational Criteria for Development
·
D1 – Standards of Design
·
D2 – Standards for Development within the Site
·
D3 – Landscaping
·
B6 – Protection and Enhancement of Conservation Areas
·
H4 – Unallocated Residential Development to be Restricted to Defined
Settlements
·
H5 – Infill Development
·
C12 – Development Affecting Trees and Woodland
·
TR7 – Highway Considerations for New Development
·
TR16 – Parking Policies and Guidelines
·
U11 – Infrastructure and Services Provision
Site is within Zone 2 of the
Council’s Parking Policies which requires the developer to make a maximum of
0-50% of parking guidelines. Parking guidelines require 1 parking space per
bedroom.
5. Consultee and Third Party Comments
5.1
Internal Consultees
·
Highway Engineer recommends conditions should permission be granted.
·
Conservation Officer stresses the important role of trees insofar as the
character and appearance of this part of the Conservation Area is concerned.
The overall scale of the proposed house is considered appropriate in this
context, and initial concerns regarding quality and detail of design have been
resolved through the submission of revised plans and can be further reinforced
through the use of conditions should Members be minded to grant permission.
·
Countryside Manager confirms that he has visited the site and confirms
no objection to the proposed development. He states that the height of the
trees’ crowns is such that the trees are not going to be adversely affected by
this development and therefore this application cannot be refused on
arboricultural grounds. However, he does state that it is essential that these
trees are retained in the interests of the local landscape and therefore
suggests that conditions are imposed to protect the trees during construction,
in order to prevent disturbance, excavation or placement of structures within
the crown spread of trees.
5.2 Neighbours - Eight letters of objection have
been received from local residents and these can be summarised as follows:
·
Intrusive development by reason of size, height and location.
·
Out of keeping with the Victorian properties.
·
Footprint is too large
·
No fundamental changes since previous applications were refused.
·
Trees are wrongly described, and it is suggested that the Tulip Tree is
not dead as stated by the agent.
·
Traffic problems, as area is already congested.
·
Condition of existing private road is far from ideal and this could be
exacerbated by the proposed development.
·
Second floor windows would overlook nearby bungalows.
·
Question why existing access on the southern road frontage cannot be
utilized rather than constructing a new access through the western boundary of
the site.
6. Evaluation
6.1 The main issues for consideration are as follows:
·
Principle
·
Impact on character and appearance of Conservation Area
·
Trees
·
Impact on neighbouring property occupiers
·
Highway and traffic issues
·
Drainage
6.2 The plot is within the development
envelope for Ryde and is considered as a brownfield site for the purposes of
policy. Furthermore, plot is very much the same in terms of size and condition
as it was when planning permission was granted for a detached house in 1997.
Accordingly, the principle of developing this site for residential purposes is
considered to be acceptable.
6.3 However, were it not for the
characteristics of the Conservation Area and the effects of the TPO, officers
would have recommended the scheme for refusal because of its low density (below
the PPG3 threshold) and consequently the inefficient use of brownfield land
which has led to more Greenfield development.
6.4 In terms of assessing the impact of the
development on the character and appearance of the Conservation Area, it is not
only necessary to consider the scale, mass and design of the proposed house
relative to the surrounding built environment but also the direct and/or
indirect impact of the development on the health and stability of prominent
trees which are considered important to the local landscape. As mentioned
above, part of the special interest of this area is the mixture of prominent
and mature trees and hedgerows that create an important fusion with the
substantial historic villas. The character of this area is both defined and
enhanced by the presence of vegetation which not only creates a tranquil
atmosphere in the immediate vicinity, but also defines the skyline especially
when viewed from a distance.
6.5 The most recent application was refused
on grounds of insufficient information in respect of trees, but from the
details that were submitted it was felt that the development would have been
overshadowed by large trees which in turn would have prejudiced their long term
retention owing to likely requests to carry out significant surgery or even
total removal. The application before Members includes accurate plans in
respect of crown spreads relative to the proposed dwelling and these are
accompanied by a tree report. This has been considered by the Council’s
Countryside Manager who has also inspected the site. As a result, it is
confirmed that the proposed development would not have a direct impact on the
health or stability of the protected trees. In terms of indirect impact or
future pressure to carry out considerable surgery, it is considered that the
spacing of trees combined with the shape and height of their crowns relative to
the path of the sun would allow for an acceptable amount of light to penetrate
the site and the proposed house. Officers are of the view that any future tree
work requests could be justifiably resisted. Taking the above points into
consideration, Members are advised that this application could not be refused
grounds of adverse impact on the protected trees.
6.6 In terms of the overall size and design
of the proposed dwelling, it is relevant to note that the house would sit
central to the site where it would enjoy sufficient curtilage to provide
appropriate setting and space. Site is relatively substantial distance away
from properties which front Ryde West Sands and would also be separated from
properties to the west and south by Sea Close. Accordingly, officers are
satisfied that the proposed dwelling would not appear cramped or overcrowded within
its site or within its context. The proposed dwelling is relatively large, but
not excessively so when considering its position on the plot and the
substantial size of nearby Victorian villas. The agent has opted for a
Victorian pastiche, which has required close examination of design details to
ensure that this approach would protect and wherever possible enhance the
character and appearance of the Conservation Area. Officers are now satisfied
that the proposal has reached a more than acceptable standard through the
submission of revised plans and Members are also reminded that certain details
can be carefully controlled through the use of planning conditions.
6.7 Taking the above points into
consideration, it is considered that the proposed house would protect the
character and appearance of the surrounding conservation area and would
arguably enhance owing to the current unmanaged condition of the site which is
gradually falling into an untidy condition. Accordingly, proposal complies with
Policy B6 of the Unitary Development Plan.
6.8 As said above, dwelling would enjoy an
acceptable degree of separation with nearby properties either in terms of
actual distance (over 40m back to back and around 20m front to front or front
to flank) and the intervening road. Accordingly, proposal would not be
overbearing and neither would overlooking be of significant concern owing to
the distance between properties and the presence of mature vegetation.
Accordingly, it is considered that the amenities and privacy of nearby
residential property occupiers would not be seriously compromised by this
development.
6.9 Regarding highway issues, it is not
considered that a single dwelling house would significantly increase traffic
generation on the local highway network. It is relevant to note that highway
and access issues have not been cited as reasons for refusal in respect of
previous applications and that the Highway Engineer is recommending permission
subject to conditions. Accordingly, it is felt that proposal complies with
Policy TR7 of the Unitary Development Plan. Local residents are concerned that
the condition of Sea Close and Augusta Road (both private) would deteriorate as
a result of this development. Members are advised that as both these roads are
unadopted they are not the responsibility of the Isle of Wight Council. Those
parties who own or control these roads are responsible for their upkeep and
have the powers in Law to enforce remedial work should any third party cause
damage to it.
6.10 In terms of drainage, Members should note
that Southern Water have previously indicated that it has no objection
regarding the drainage of the application site. In any event, Officers are
satisfied that the level of drainage from a single dwelling would not be
significant and can be adequately controlled under the Building Regulations.
7. Conclusion and Justification for
Recommendation
Having given due regard and
appropriate weight to all material considerations referred to in this report, it
is considered that the previous reasons for refusing a dwelling on this site
have been satisfactorily overcome through the submission of this application
and revised plans. It is felt that the size and position of the house would
have an acceptable relationship with the protected trees whereby their
longevity would be secured. Furthermore, the scale, mass and design of the
proposed building is considered appropriate for this context and that the site
can be adequately accessed without adding to the hazards of other highway users
or interfering with the free flow of traffic on the local highway network.
Accordingly, it is considered that the development would comply with policies
of the 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 |
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 |
Notwithstanding the approved
plans, construction of the building hereby permitted shall not commence until
a full specification, including the materials for construction (at a scale of
no less than 1:20) of the barge boards, finials, window panels, clad gables
and ridge tiles 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 a high standard of design
and to reflect the requirements of Section 72 (1) of the Planning (Listed
Buildings in Conservation Areas) Act 1990 and to protect the character and
appearance of the conservation area and to comply with Policy B6 (Protection
and Enhancement of Conservation Area) of the IW Unitary Development Plan. |
4 |
Notwithstanding the approved
plans, construction of the building hereby permitted shall not commence until
a full specification (at a scale of no less than 1:20) of the windows and
doors, including cross sections for glazing bars, cills, heads, frame and
dividing mullions has 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 a high standard of
design and to reflect the requirements of Section 72 (1) of the Planning
(Listed Buildings in Conservation Areas) Act 1990 and to protect the
character and appearance of the conservation area and to comply with Policy
B6 (Protection and Enhancement of Conservation Area) 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 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 development including site
clearance shall commence on the site until all trees or groups of trees to be
retained have been protected by fencing or other agreed barrier along a line
to be agreed in writing by the Local Planning Authority. Any fencing shall
conform to the following specification: A 1.2m minimum height Chestnut
paling to BS1722 Part 4 Standard securely mounted on 1.2m minimum above
ground height timber posts driven firmly into the ground. Such fencing or
barrier shall be maintained through 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 or groups of trees to be retained are adequately protected to avoid
damage to their health and stability throughout the construction period and
in the interests of the amenities of the area and to comply with Policies D3
(Landscaping) and B6 (Protection and Enhancement of Conservation Areas) of the
IW Unitary Development Plan. |
7 |
Existing trees which are to be
retained in accordance with the approved plans shall be subject to paragraphs
a and b below. Such condition 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
the Local Planning Authority. Any topping or lopping approved shall be
carried out in accordance with the BS3998 (Tree work). b) Any retained preserved tree is
removed, uprooted or destroyed or dies, replacement trees 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 interest of the amenities of the area and to
comply with Policies D3 (Landscaping) and B6 (Protection and Enhancement of
Conservation Areas) of the IW Unitary Development Plan. |
8 |
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. |
9 |
Soft landscape works shall include
[planting plans; written specifications (including cultivation and other
operations associated with plant and grass establishment); schedules of
plants, noting species, plant sizes and proposed numbers/densities; an
implementation programme]. Reason:
To ensure the appearance of the development is satisfactory and to
comply with policy D3 (Landscaping) of the IW Unitary Development Plan. |
10 |
All planting, seeding or turfing
comprised in the approved details of landscaping shall be carried out in the
first planting and seeding seasons following the occupation of the buildings
or the completion of the development, whichever is the sooner, and any trees
or plants which within a period of 5 years from the completion of the
development die, are removed or become seriously damaged or diseased shall be
replaced in the next planting season with others of similar size and species,
unless the Local Planning Authority gives written consent to any variation. Reason:
To ensure the appearance of the development is satisfactory and to
comply with policy D3 (Landscaping) of the IW Unitary Development Plan. |
11 |
The first floor and gable end windows
to be constructed in the north and south elevations 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 glaze hereafter. Reason: In the interests of the
amenities and privacy of neighbouring property occupiers and to comply with
Policy D1 (Standards of Design) of the IW 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 unless otherwise agreed in writing by the
Local Planning Authority. Reason:
In the interests of the character and amenities of the area in general
and the privacy of neighbouring property occupiers in particular and to
comply with Policies D1 (Standards of Design) and B6 (Protection and
Enhancement of Conservation Area) of the IW Unitary Development Plan. |
13 |
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: So that the Local Planning
Authority can assess the design implications of any future extensions and to
comply with Policy D1 (Standards of Design) and B6 (Protection and
Enhancement of Conservation Areas) of the IW Unitary Development Plan. |
14 |
Prior to commencement of the
development hereby approved, the roadside boundary of the site shall be
lowered to a maximum of 1m in height above existing road level over the whole
frontage and shall be maintained thereafter at a height no greater than 1m. Reason: In the interests of highway
safety and to comply with Policy TR7 (Highway Considerations for New
Developments) of the IW Unitary Development Plan. |
15 |
Prior to any development commencing
on site, a condition survey of Sea Close and Augusta Road from the
application site to its junction with Spencer Road shall be undertaken and
submitted to the Local Planning Authority. Any remedial works required to
restore the road to its original condition following site development shall
be carried out prior to occupation of the development hereby approved. Reason: In the interests of highway
safety and to comply with Policy TR7 (Highway Considerations for New
Development) of the IW Unitary Development Plan. |
16 |
The dwelling hereby permitted
shall not 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 a maximum of 4
cars to be parked. The space shall not thereafter be used for any purpose
other than that approved in accordance with this condition. Reason:
In the interests of highway safety and to comply with policy TR7
(Highway Considerations) of the IW Unitary Development Plan. |
16 |
Reference Number: P/01417/05
- TCP/13615/L Parish/Name:
Ventnor - Ward/Name: Ventnor East Registration Date:
21/07/2005 - Full Planning Permission Officer: Miss S
Wilkinson Tel: (01983) 823552 Applicant: Vectis
Developments Ltd. Variation of condition no. 3 on TCP/13615/F relating to
the southern boundary wall (additional information) Kingsview, (former Rex Cinema site) 23, Church Street,
Ventnor, PO38 |
This application is recommended for
Conditional Permission
REASON FOR COMMITTEE
CONSIDERATION This application
relates to the boundary treatment on the major re-development site which has
remained unresolved for several years. This combined with the question over
the potential amendment relating to the accuracy of the plans and levels at
the back of the site are considered contentious and as such both decisions
should be made at Committee level. For Members
information, it is proposed to deal with the consideration of the amendment
and accuracy of the plans at the beginning of the evaluation section before
going on to consider the planning application as there are certain linkages
between the two.
1. Details of Application
1.1 This is an application to vary the
requirements of a planning condition.
1.2 Applicant seeks a release from condition 3
of TCP/13615/F requiring that the southern boundary wall between the site and
the adjoining property St. Andrews, be raised by 0.75 metres. The current
application seeks to provide the screen by way of a fence rather than a wall.
1.3 Whilst the original planning condition
referred to the southern boundary wall being raised the current application is
seeking to specify the extent of the screen which would be limited to a 16
metre section of the boundary where the two buildings face each other. The submitted
plans show that the steel posts to support the double boarded screen are to be
positioned between the Armco crash barrier and the existing brick wall without
taking any direct support from the wall. Plans show the board to be attached to
that section of the posts which projects above the top of the wall. The overall
height from the driveway level to the top of the post is shown as 1.62 metres.
The posts are to be finished in gloss paint to match the GRP panels on the
building.
1.4 Application accompanied by supporting
information which includes five separate letters from consulting engineers and
surveyors. Applicant’s agent makes the following point:
·
Subject to some maintenance work, wall will not in any way be in danger
of structural failure.
·
Raising wall not possible due to actual construction of wall.
·
Light weight screen seen as alternative solution.
·
The strong horizontal emphasis reflects building design.
·
Proposal will be 3 metres high on the St Andrews side, designed to
appear less overbearing.
·
At 1.62 metres, screen will prevent overlooking from Kingsview roadway
and somewhat baffle vehicle noise.
·
Screen limited in extent as overlooking not considered to be a problem
closer to Hamborough Road.
·
Proposed solution seen as more beneficial in appearance.
·
Does not change in essence requirement of original condition.
·
Work to be carried out strictly to Pritchard Wilmot structural design.
·
Work to be fully maintained as part of maintenance agreement for the
whole of the Kingsview development.
2. Location and Site Characteristics
2.1 Kingsview is located on the south side of
Church Street at its junction with Alpine Road and Belgrave Road. Although the
main pedestrian access into the building is from Church Street vehicle access
is off Hamborough Road entering a short driveway which drops down running
alongside the southern boundary before providing access into a basement parking
area at the lowest level of the building.
2.2 The current building is a six storey
luxury apartment block forming a landmark Art Deco building of a stepped design
at the rear giving those apartments access to a series of south facing
balconies. The southern boundary under consideration of this application
separates the application site and the neighbouring property St. Andrews. As
built it also marks a change in level with a drop in ground level into St
Andrews.
2.3 Members are advised that St Andrews is
the only property affected by the amendments currently under discussion.
2.4 The site is located within the
Conservation Area of Ventnor.
3. Relevant History
3.1 TCP/13615/F – An application for
demolition of former cinema; 4/6 storey block of 18 flats with car parking at
garden level, one retail unit and bar/restaurant at ground floor level; use of
public garden as private amenity area, car park access off Hamborough Road was
approved in October 2000.
3.2 At the 29 April 2003 Development Control
Committee meeting Members accepted an amendment to the approved scheme which
raised the floor slab level and the vehicle access by 0.5 metres and the
overall height of the building by 0.8 metres. Members also agreed to note the
position of the developer and the adjoining property owner regarding compliance
with condition 3 on increasing the height of the boundary wall and agreed not
to enforce this condition at the present time but to allow the two parties to
continue discussions and review the situation prior to first occupation of the
new development.
3.3 In parallel with the processing of the
current application further plans have been submitted to the Local Planning
Authority clarifying the situation relating to the levels at the rear of the
building and the height of the southern boundary wall.
4. Development Plan Policy
4.1 The site is located within the development
envelope for Ventnor and is within the Ventnor Conservation Area. Relevant
policies of the Unitary Development Plan are considered to be as follows:
·
S10 – Development will Conserve or Enhance the Features of Special
Character
·
G4 – General Locational Criteria
·
D1 – Standards of Design
·
D2 – Standards for Development within the Site
·
B6 – Protection and Enhancement of Conservation Areas
5. Consultee and Third Party Comments
5.1 Internal Consultees
·
Building Control have confirmed that the Pritchard Wilmott report is
satisfactory and poses an appropriate way forward for the situation.
5.2 Town Council Comments
·
The Town Council see no reason why planning consent should not be issued
in respect to the application.
5.3 Neighbours
·
Three letters of objection have been received in regards to the
application, two directly from the occupant of the neighbouring property, St.
Andrews and the third from a planning consultant acting on behalf of the
occupant of St Andrews. The letters written by the occupant carry a number of
attachments including a letter from civil and structural engineer, a further
copy of the Planning consultants letter, extracts from drawings, copies of
letters written by consultant acting on behalf of the developer and a number of
photographs taken at various stages of the development and more recent
photographs showing individuals stood on the balconies at different levels
within the building. The comments contained in all the representations, which
are strictly relevant to the current planning application, can be summarised as
follows:
§
Stability of wall
§
Privacy
§
Application does not detail scope or nature of repairs which are
necessary
§
Increase in height of land level approved during amendment has resulted
in the 0.75 increase inadequate
§
Fence is not maintenance free
§
Fence does not extend over full length of wall
§
Fence provides no safety from traffic, noise, an exhaust pollution or
light pollution and provides no privacy or protection of amenities
§
Fence is a temporary structure
§
Any approval should be conditional as full repair to all the wall as
agreed by an independent engineer.
6. Evaluation
6.1 Before considering the current planning
application Members should take a view on the situation relating to the
inaccuracies shown in the amended plans. It is the officer’s view that the
decision by Members in response to this situation will influence how the
planning application should be considered.
6.2 To recap, at the 29 April 2003
Development Control Committee meeting, Members considered a detailed report on
a number of changes that had occurred during the implementation of the approved
scheme. The developer provided the Local Planning Authority with detailed plans
prepared by an architect which included a cross section through the site and
also plans that showed a detailed spot levels survey of the building, the
driveway, the boundary detail and also included detailed spot levels of the adjoining
property to the south (St Andrews). Those proposals were the subject of a
limited consultation exercise and attracted substantial representations from
the occupant of St Andrews. After consideration of all the factors Members
resolved to accept the following as an amendment to the approved scheme:
·
An increase of approximately 0.5m in the height of the floor slab level
and the vehicle access ramp above that shown on the originally approved plans.
·
An increase in the overall height of the building of 0.8metres greater
than that shown on the approved plans.
6.3 The report also considered the situation
with regards to compliance with condition 3 which required the raising of the
southern boundary wall before development commenced. The report noted that the
occupant of St Andrews had expressed concern with regards to the benefits of
raising the wall and on the basis that the condition was imposed solely for
their benefit, the Council agreed not to enforce compliance with the condition
but to allow time for the development to take shape so that the occupant of St
Andrews could make a judgement as to whether they wish to see the boundary
raised which might reduce the level of light to a bedroom window and a kitchen
window and door or whether they valued their “light” greater than any potential
loss of privacy or amenity by virtue of being overlooked. This was reflected in
the second recommendation through which the Council deciding not to enforce
compliance with condition 3 at that time.
6.4 The local Planning Authority is aware
that discussions took place between the developer and the owner of St Andrews
on a range of alternatives which included mitigating works to St Andrews in
lieu of the wall being raised. However, negotiations between the two parties appear
to have irrevocably broken down in May 2004.
6.5 With regards to the situation relating to
the accuracy of the plans the architect’s drawing of April 2003 indicated that
the height of the southern boundary wall above the roadway level would be 1.47
metres. The actual measurement which exists on the ground is 0.88 metres. This
has led to questions as to whether the ground levels have changed and as a
consequence the Local Planning Authority carried out a detailed survey of its
own in October 2005. Based on the results of this survey it can be confirmed
that the architect’s plan of 2003 was inaccurate in estimating the height of
the boundary wall above the road level. The plan also under estimated the drop
in level into the garden area of the adjoining property by 0.2 metres with a
consequential error in the level of the roof of the adjoining bungalow relative
to the new building and roadway level.
6.6 Given the circumstances as outlined above,
the road level other than a minor alteration to reverse the camber, is as
approved under the amendment. The most fundamental impact of the architect’s
errors is that instead of adding 0.75m on top of a 1.47m wall the addition will
be added to a 0.88m wall and will as a consequence be less effective as a
screen by a reduction of 0.6m
6.7 A limited consultation exercise has been
undertaken relating to the update information on the true situation relating to
the relative levels at the rear of the building. At the time of writing this
report no responses have been received from any of the parties contacted.
6.8 The current planning application does
present an opportunity to consider if the height of the screen should be
“adjusted” to compensate for the error referred to above. In the circumstances
the Local Planning Authority would be in its right to require a variation to
the originally specified height or seek some other remedial works.
6.9 The adjoining property owner has also
continued to insist that the southern boundary wall is now functioning in part
as a retaining wall and as such is structurally unsound. The developer has
installed a concrete beam on the development side of the wall and the integrity
of this structure has been assessed by his engineers. Whilst the beam may not
be as extensive as first thought the engineer’s conclusion is that subject to
some maintenance and repair work which would involve the co-operation and
agreement of the adjoining property owner to the south, then there is no reason
to suspect that the wall would fail. Discussion with the adjoining property
owner would suggest that they have little or no confidence in the advice given
by the developer’s engineers. However, as far as the Local Planning Authority
is concerned it would not be appropriate to question a consultant’s advice and
it is considered that the Council has adequately discharged it responsibilities
as set out in PPG14 (Responsibilities of the Different Parties to Development)
paragraphs 16-20.
6.10 On the basis that Members accept that the
situation relating to the ground levels at the rear of the building it would
now be appropriate to consider the current planning application proposal and in
doing so take account of the current height of the southern boundary wall. The
determining factor with regards to this application is whether the proposed
fence provides an adequate substitute in lieu of the proposed wall with regards
to providing an adequate level of privacy and amenity for the adjoining
residential property without appearing as a discordant feature within the
conservation area.
6.11 Based on information
submitted by the applicant and from the results of the survey undertaken by the
Local Planning Authority a number of sight lines have been calculated. This
exercise has also involved visits to each floor of the balcony areas within the
building. It soon became apparent that an increase in the boundary height of
only 0.75m would be inadequate to compensate for the lower height of the
original wall. Accordingly, whilst on site a section of heras fencing was held
up against the boundary representing a new boundary height of 1.8 m. and this
was then viewed from each of the balconies to ascertain the effectiveness of a
screen of this height.
6.12 A boundary screen of 1.8m
in height would have the following benefits and effects (all measurements are
taken at the closest point):
·
from the driveway – adequate protection from overlooking, with no loss
of privacy or amenity.
·
at first floor balcony level – the screen would obscure any line of
sight into the bedroom but would screen only the lower half of the glazed
kitchen door from anyone standing at the balcony rail. A person sitting on the
balcony would probably be unable to see into either of these openings.
·
at second floor level – for a person standing at the balcony rail the
majority of the bedroom window would be obscured but the full length of the
kitchen door could be seen. A person sitting down would probably not be able to
see into the bedroom but there would be a view of the door which is only 14m
away.
·
at third floor balcony level – a person standing at the balcony rail
would see half the bedroom window and all of the kitchen door. A person sitting
down would likely to be able to see into the upper part of the bedroom window
which is only 18m away.
·
At the fourth floor and top floor balcony levels – the whole of the
bedroom window and all of the kitchen door will be visible to a person
standing, but they would be 22-26m away. A person sitting and looking down
would also be likely to have a view of this door and window.
6.13 Members are advised that
these observations were made by an officer intentionally trying to look into St
Andrews from the new development. Members are further advised that although the
land levels as provided by the architect were incorrect that new flats are no
closer to St Andrews than shown on the originally approved plans. Nevertheless,
your officers are of the opinion that the barrier to prevent intevisibility
should be 2m high to provide the occupants of St Andrews a reasonable level of
privacy and amenity and conform to UDP policy D1. This will provide adequate
protection for occupants of St Andrews from overlooking from the roadway, the
first floor and most of the second floor balconies. However, at higher levels
the screening effect diminishes, but the intervisibility distances
increase.
6.14 Consequently, it is
proposed in considering this application, to vary the requirements of the
condition to require the installation of a fence that would result in a 2m high
structure. Furthermore, notwithstanding the applicant’s suggestion that the
fence runs for 16m between the two buildings it would be appropriate if this
ran around the curved section of the boundary wall terminating at the entrance
gate to St Andrews.
6.15 There is an additional
aspect that officers would wish to clarify and the Committee is asked to give
delegated authority to pursue this if it can be achieved. This is to obscure
glaze the balcony’s clear safety glazing to further reduce overlooking by
persons seated in the balconies. An update on this aspect will be provided at
the meeting.
6.16 As a general point, there
is not considered to be any fundamental difference between the installation of
the boundary screen through the utilization of a fence as opposed to raising
the height of the brick wall. The applicant has indicated that the fence will
be adequately maintained as part of the overall management of the communal
areas of the site.
6.17 With regards to the
general appearance of the fence which is to be painted the same colour as the
GRP panels on the building, I do not consider that this would be detrimental to
the general character of the conservation area and conform to UDP policies D1,
D2 and B6.
7. Conclusion and Justification for
Recommendation
7.1 In conclusion regarding the review of the
site detail and levels as set out in the amended plans of 2003, it is
considered that this can be noted. The error in the height of the boundary wall
can be remedied by raising the height of the proposed fence.
7.2 Having
given due regard and appropriate weight to all material considerations referred
to in this report, I am satisfied that the variation of condition 3 of
TCP/13615/F to provide a fence rather than increasing the height of the
existing wall would be in accordance with the reason for the condition and as
such is in compliance with policies contained within the Isle of Wight Unitary
Development Plan.
8. Recommendation
Recommendation
1:
A) The Members note that the height of the
driveway has not changed fundamentally from the level shown on the amended
plans agreed inn 2003.
B) That Members note the situation relating
to the error in the representation of the height of the boundary wall as
depicted on the amended plans agreed April 2003 but take no further action on
this specific point.
C) That the Council continues to express a
view that it has fulfilled its responsibilities on the issue of considering
ground stability as set out in Planning Policy Guidance Note 14 and
re-emphasise to the neighbour that if they wish to challenge the developers
information relating to this point they must do so outside the planning process.
Recommendation
2:
Application
is recommended for Conditional Approval.
Conditions/Reasons:
1 |
The fence hereby approved shall be
installed within three months of the date of this decision notice. Reason: In the interest of the
amenities and privacy of the adjoining property and to comply with Policy D1
(Standards of Design) of the Isle of Wight Unitary Development Plan. |
2 |
Notwithstanding the information
shown on the submitted plans, the fence shall be installed so that it maintains
a consistent height of two metres above the adjoining roadway level as
measured up from the tarmac surface. Reason: In the interest of the
amenities and privacy of the adjoining property and to comply with Policy D1
(Standards of Design) of the Isle of Wight Unitary Development Plan. |
3 |
Notwithstanding the information
shown on the submitted plan, the fence shall be installed along the southern
boundary between points A and B as shown on drawing number...... Where the
fence line extends beyond the originally intended 16m section and prior to
any installation works taking place in this area, details of the exact
position and foundations to support the fencing posts shall be submitted to
and agreed in writing with the Local Planning Authority. The submitted
details shall include a report from the applicant's consulting engineers
containing calculations relating to the support foundations. The scheme shall
be implemented in accordance with the agreed specification. Reason: In the interest of the
amenities and privacy of the adjoining property and to comply with Policy D1
(Standards of Design) of the Isle of Wight Unitary Development Plan. |
4 |
The fence shall be maintained at
the height described in condition 2 hereafter and shall be painted to match
the GRP panels on the building and maintained in this matching colour
hereafter. Reason: In the interest of the
amenities and privacy of the adjoining property and to comply with Policy D1
(Standards of Design) of the Isle of Wight Unitary Development Plan. |