PAPER B2

 

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE –

TUESDAY 29 NOVEMBER 2005

REPORT OF THE HEAD OF PLANNING SERVICES

 

Joint Reports - Reference Numbers:     P/00870/03 - TCP/24809/C

                                                                     P/00884/03 – TCP/24809/D

 

Parish/Name:  Newport - Ward/Name: Newport North

Registration Date:  29/04/2003  -  Full Planning Permission

Officer:  Mr J Fletcher Tel: (01983) 823552

Applicant:  Buchanan Land Holdings Ltd

 

Demolition of existing buildings; construction of 3/4/5 storey block of 69 flats (33 one-bed, 36 two-bed); basement car parking (38 spaces); access off Pyle Street (revised scheme)

 

1, 1A, 1B, 2 and 4 Pyle Street, 12 and 14 East Street and The Publican PH and 71, South Street, Newport, Isle of Wight, PO30

 

Demolition of existing buildings; construction of 3/4 storey block of 19 flats (8 one-bed, 11 two-bed) with retail unit at ground floor level; pedestrian access off South Street (revised scheme)

 

Auto Windscreens, 52 South Street, Newport, Isle of Wight, PO30 1JQ

 

Both applications are recommended for Conditional Permission subject to Section 106 Agreement.

REASON FOR COMMITTEE CONSIDERATION

 

These are major applications of some importance having significant policy implications and were both considered at the Development Control Sub Committee on 4 October 2005 at which time they were deferred to allow officers to negotiate on solely design issues as follows:

 

Give further consideration to external appearance of the buildings in order to create a scheme which reflects the prevailing pattern of development in Newport.

 
 


 

 

 

 

 

 

 

 

 

 

 

1.         Details of Application

 

1.1       P/00870/03 – TCP/24809/C

           

1.1.1    Members are reminded that application is for residential development in the form of total of 69 flats (33 one bedroom, 36 two bedroom) with basement car parking with 38 spaces accessed off Pyle Street.

 

1.1.2    Plan form the proposal indicates a lengthy terrace following the line of back of footpath to South Street terminating adjacent the fire station with the other end of the terrace returning along Pyle Street terminating adjacent the clinic in Pyle Street. In its form the terrace block follows a gentle curve with a rounded corner element on the corner of the junction of Pyle Street with East Street. Proposal provides for a mix of storey heights ranging from three storey in the vicinity of Pyle Street with East Street and along Pyle Street itself rising to four storey and five storey and then reducing to three storey where the block directly abuts the fire station. The short elevation onto Pyle Street consists of entirely three storey elements with varying styles of roof finish.

 

1.1.3    Roof finishes are in the main in the form of stopped gabled roofs but does include a hipped roof feature over the element of the terrace which abuts the fire station, a parapet curved feature where the block curves round the junction of Pyle Street with East Street and in the case of the block over the entrance of Pyle Street the roof is in the form of a mansard roof.

 

1.1.4    Following the deferral of the application applicants have reconsidered the elevational treatments with the alterations being itemised as follows:

 

·            Brickwork

 

Revised proposal indicates mainly red facing brick with elements of grey and buff facing brick. Proposal includes for brick dressings and soldier courses around the window with stone cills. Narrow vertical brick piers indicated separating each pair of dwellings within the terrace.

 

Brick detailing and eaves level indicates that traditional corbelling of the brickwork terminating in the traditional fascia.

 

The only exception to the eaves treatment as described above is one element having a parapet termination at third floor level with the parapet being capped off with a coping stone. This treatment is to be applied in respect of the rounded corner element on the junction of Pyle Street and East Street with the parapet being in a stepped form.

 

Other brick features include contrasting brick quoins contrasting brick corbelling at eaves level and contrasting waiting brick string courses at first floor level.

 

One of the pair of units has a rendered feature at ground floor.

 

·        Windows

 

The projecting bay window features which are either in the form of single projecting bay or vertical double bays to be constructed in white painted timber with appropriate panels between floors. Each bay feature to be finished in a slated hipped pitched roof feature with traditional eaves treatment. All other windows are in the form of traditional timber sash windows painted white.

 

The dormer windows similarly are to be in timber casement windows painted white under a flat roof finished in a lead style cladding.

                       

1.1.5    Each unit to be provided with ground floor protectable space being finished in steel railings on dwarf brick walls.

 

1.1.6    In general the flats to be served in pairs by communal staircase accessed off South Street through a timber stained double entrance doors.

 

            1.2       P/00884/03 – TCP/24809/D

 

1.2.1    This application relates to the smaller site on the western side of the fire station and seeks detailed consent for an elongated building providing retail with residential on the ground floor with further residential accommodation through first, second and third floors.

 

1.2.2    Plans indicate retail frontages onto South Street and returning partially along the west and east facing elevations. Remaining ground floor elevations relate to the residential use with the main entrances to the two ground floor flats being via the eastern passage way. In terms of elevational treatments these are itemised as follows:

 

·        Retail units to be provided with shop fronts consisting of central pilasters where appropriate stall risers and fascias set within brick surrounds in the form of brick dressings and string courses.

 

·        To be finished in similar specification as indicated in respect of the main site providing for the use of mainly buff facing brickwork with red brick features in the form of quoins brick dressings around the windows with soldier course arches and terminating at third floor level in the form of a corbelled parapet finish capped off with a coping stone.

 

·        Third floor to be set back both to the front and sides and to be finished in a grey facing brick again with a corbelled parapet finish as previously described.

 

1.2.3    Block occupies a width of approximately 12.5 metres by overall depth of 35.5 metres which results in a two metre gap on its western side and a 3 metre gap on its eastern side. Block is set back approximately 2.5 metres from back of footpath on the south street frontage. Apart from the flats proposal also indicated bin stores to serve the flats accessed off the western side.

 

1.2.4    Overall the proposal seeks consent for the demolition of the existing buildings and provides for a total of 19 flats (9 one bed and 11 two bed) along with the ground floor retail units providing a total retail floor space of approximately 265 m2. Finally proposal indicates that the third floor element of this proposal is set some 6 metres back from the rear elevation and therefore the height of block immediately adjacent the rear boundary is restricted to three storey only.

 

2.         Location and Site Characteristics

 

            2.1  P/00870/03 - TCP/24809/C

 

2.1.1   Application relates to an irregular shaped site on the north-western side of South Street virtually opposite the multiplex cinema and the junction of Furrlongs with South Street.  Site has a short frontage onto Pyle Street close to its junction with East Street.  Site currently accommodates a group of residential dwellings, four of which front Pyle Street and two of which front South Street.

 

2.1.2   Site also accommodates redundant public house (formerly Shoulder of Mutton) and redundant commercial buildings.  Abutting western boundary on the Pyle Street frontage is a Healthcare Clinic whilst abutting western boundary on South Street frontage is the Fire Station.  Site slopes towards the junction of East Street with Pyle Street and Coppins Bridge Roundabout.

 

2.2    P/00884/03 - TCP/24809/D

 

2.2.1   Rectangular shaped site which currently accommodates commercial premises (52 South Street) located opposite the goods entrance to Morrison's Supermarket.  Abutting eastern boundary is the Fire Station whilst abutting western boundary is the ATS premises.  Abutting to the north are rear boundaries which serve a group of terraced dwellings numbers 18,19, 20, 21 and 22 Pyle Street.  The site is virtually level.

 

3.         Relevant History

 

3.1       None in respect of any previous consents on the site. 

 

4.         Development Plan Policy

 

4.1       Relevant national policy documents relate to PPS1 – Delivering Sustainable Development, and PPG3 – Housing.

 

4.1.1    PPS1  emphasises the aim of sustainability for development proposals with reference being made in terms of design issues to the following:

 

Good design plays important role in ensuring attractive, usable, durable and adaptable places emphasising that:

 

·    There should be an avoidance of unnecessary prescription of detail

·    A concentration on overall scale, density, massing and height

·    Layout and access of new development in relation to neighbouring buildings and the local area

·    Should not attempt to impose architectural styles or stifle innovation, originality or initiatives

·    Promote or reinforce local distinctiveness where appropriate.

 

4.1.2    PPG3 emphasises the need to:

 

·            Make efficient use of urban land to take pressures off greenfield sites but not at the expense of cramped development

·            Provide wider housing opportunity and choice through better mix and size and type and location of housing

·            Ensure housing schemes where appropriate provide an element of affordable housing the need for which should be identified through a Housing Needs Survey.

·            Create a more sustainable pattern of development ensuring accessibility to public transport

·            Ensure the achievement of densities within 30 – 50 units per hectare range with even greater intensity of development being appropriate where good public transport accessibility such as town centre sites

·            More than 1.5 parking spaces per dwelling not likely to reflect the government’s emphasis on sustainable residential development.

 

4.2       Local Plan Policies

 

4.2.1    In terms of Unitary Development Plan both sites are situated within Newport town centre boundary and within a larger area of land retail allocated (known as the fire station site). The allocation includes the fire station ATS premises and other commercial and residential properties which front Pyle Street. Allocation recognising that any redevelopment proposal could only take place following the relocation of the fire station.

 

4.2.2    Neither of the two sites are within the Newport Conservation Area although both are in close proximity.

 

4.3     Relevant Strategic Policies are as follows:

 

            S1 -   Development concentrated within existing urban areas.

            S2 -   Development encouraged on land which has been previously developed (brownfield sites).

            S3 -   New developments of large scale located in defined development envelopes.

            S5 -   Proposals should be for the overall benefit of the Island.

            S6 -   Development should be of a high standard of design.

            S7 -   The need to provide for the development of at least 8,000 housing units over the planned period.

            S11 - Council will aim to encourage development of an effective efficient and integrated transport network.

S14 -New retail development will be expected to locate within existing town centres.

 

4.4     Local plan policies are listed as follows.

 

G1 -      Development Envelopes for Towns and Villages

G4 -      General Locational Criteria for Development

G6 -      Areas Liable to Flooding

D1 -      Standards of Design

D2 -      Standards for Development within the Site

D5 -      Shop Fronts and Signs 

D11 -    Crime and Design

B6 -       Protection and Enhancement of Conservation Areas

B9 -       Protection of Archaeological Heritage

H4 -       Unallocated Residential Development to be Restricted to Defined Settlements

H6 -       High Density Residential Development

H14 -     Locally Affordable Housing as an Element of Housing Schemes

TR6 -    Cycling and Walking

TR7 -    Highway Considerations for New Development

TR16 -  Parking Policies and Guidelines

R3 -      Sites for Retail Development

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

U11 -     Infrastructure and Services Provision

L10 -     Open Space and Housing Developments

 

5.         Consultee and Third Party Comments

 

5.1       Internal Consultees

 

·                Highway Engineer, Council’s Contaminated Land Officer, Council’s Housing Development and Initiatives Officer and the Council’s Archaeological Officer have all commented suggesting appropriate conditions. With regard to the Archaeological Officer in view of the sensitive location of the site predetermination archaeological investigations have taken place on the South Street site with result of those investigation indicating the need for conditions to ensure preservation by record of highly sensitive remains. 

 

·                Council’s Housing Development Initiative Officer has concluded that affordable housing is not deliverable in the traditional form and following negotiations was supportive of the proposal for affordable housing at sub market sale levels aimed at key workers in respect of 10 of the units on the South Street scheme.

 

·                Architects Panel recognise the extreme importance of the site in Newport and the need for high quality proposals.

 

·                Following the deferral it should note that the redesign process has heavily involved the Conservation and Design Team who have appraised the revised proposed and are satisfied that it reflects more readily the historic and traditional character of Newport. They emphasise the importantance of ensuring that the details of both the joinery particularly the bay windows and the decorative brick features are carefully considered with particular reference to construction methods. Their only concern relates to the range of brickwork colours being presented. They do not object in principle of introducing contrasting brickwork colours within the overall terrace but consider a more structured approach would result in a less fussy appearance and therefore would be preferable. They certainly consider the ground floor elevations required to be treated in a contrasting material with a greater use of the render finish particularly where the flats have protectable space behind the back of footpath. This would enable the ground floor to appear as a solid plinth to the main block and also reduce the vertical impact of the terrace. They are satisfied that these detailed elements can be dealt with under the auspices of conditions.

           

5.2       External Consultees

 

Southern Water and Environment Agency commented accordingly with the Environment Agency recommending appropriate conditions.

 

In view of the sites proximity to nearby Newport Conservation Area English Heritage were requested to comment and raised a number of detailed design issues in respect of the initial advertised scheme with result that a number of changes took place in respect of both sites with those changes being reflected in the schemes placed before Members on the 4 October 2005.

 

5.3       Third Party Representations

 

5.3.1    Members will recall that proposals were the subject of a number of representations from local residents identifying a number of points of concern.

 

5.3.2    P/00884/03 – TCP/24809/D

 

Following the deferral further letter of concern has been received from Pyle Street resident making particular reference to elements of the proposal on the Auto Windscreens site (P/00884/03 – TCP/24809/D) with these comments being summarised as follows:

 

·        Concern at the closeness of the development to the rear boundary causing loss of sunlight and having an overbearing and obtrusive effect.

·        Concern that the overall height will have an obtrusive impact on the nearby buildings which are in a conservation area.

·        Concern that the development will encroach on an existing boundary wall which forms the rear boundary of properties fronting Pyle Street.

·        Concern that this development does not provide any car parking with the result that further pressures will be placed on on-street parking facilities in the area.

·        Writer states that the commercial units back directly onto the properties with a fear that this will lead to noise and pollution problems from delivery vehicles etc.  (In this case the commercial units are set to the front of the building with residential being adjacent to the Pyle Street properties.)

·        Concern that the demolition works will have health and safety implications on nearby properties with particular reference to possible removal of asbestos.

·        Some concern regarding potential for overlooking from the proposed development on the properties in Pyle Street. There have been particular concerns regarding the impact of overlooking on the doctors surgery as a number of consulting rooms could be overlooked thus affecting privacy and confidentiality.

·        Suggestion that bats may occupy the existing building.

 

6.         Evaluation

 

6.1       Background

 

            Members will recall that these applications were deferred with that deferral following an extensive debate which covered a number of issues relating to scale, impact on the townscape and the methodology of providing affordable housing. The result of that debate was a deferral of the application essentially relating to design issues and the view of the Committee was that the scheme did not reflect the general character of Newport and the applicants were therefore being requested to revisit the scheme solely on this basis.

 

6.2       Revised Elevation

 

·            I am now in receipt of revised elevations which indicate a traditional approach which the architects consider are more reflective of the vernacular of Newport.

·            Prior to meeting the architects following the deferral the Conservation and Design Team carried out an assessment of characteristics of the area immediately around the site but also wider areas of Newport in order to assist in advising as to what would be the best approach in this case. The architects themselves also carried out a further assessment and a number of alternative approaches were discussed.

·            Result is the scheme now before Members which has altered the tone of the building with the fenestration now being of a more domestic scale. The main alteration has been to the proposed bay windows with particular reference to the use of timber sash windows and the provision of a roofing element which provides a visual stop to those bay windows. This is in contrast to the more contemporary approach in respect of the original bay features which included the use of reconstructed stone. My interpretation of Members concerns was that this was an example of the introduction of a feature which neither reflected the character of Newport or reflected the more traditional architectural approach of the remainder of the building.

·            Similarly with regard to the eaves treatment which again have now been carefully considered in a more simple and traditional form using corbelling in most cases and where parapetting is to be used again corbelling with coping stone.

·            Proposal also has reviewed the window proportions generally with the result being that the voids and solids relationships are better proportioned.

·            Finally the use of contrasting decorative brick features such as dressings around windows and quoins along with corbelling at eaves level are all reflective of similar details on older buildings in Newport and again represents an important improvement on the original submitted scheme.

·            One issue which will need to be carefully considered is the choice of brickwork with particular reference to texture, shape and colour however I am satisfied that there is a level of choice on the market which should ensure an appropriate quality of brickwork is provided for this important scheme.

 

            6.3       General Issues (P/00884/03 – TCP/24809/D)

 

                        I would comment as follows on the concerns being expressed:

 

·            Proposal indicates reduction in height of building to the rear with that reduction being purposely introduced to reduce the impact than neighbouring properties. The three storey element which does abut the rear boundaries of properties in Pyle Street is in the form of a flat roofed parapetted three storey element. Obviously the three storey element will have a greater impact on the existing scale of buildings on the site however your officers do not consider that this impact is sufficient to warrant a refusal of the application particularly as the north facing elevation is devoid of any windows.

·            Because of the shape and location of the site your officers can do no more than suggest that any development on this site would be difficult to achieve if parking were to be required in whatever form. This is essentially because such parking would require a vehicular access directly off South Street which would seriously sterilise the important frontage and would present an architectural problem for which there would be some difficulty in achieving a solution.

·            There is no doubt that this building will have an impact because of its overall scale and also because it stands between building which contribute little or nothing to the street scene and are generally of poor quality design. The question is whether or not the scale of building is of sufficient quality to set the standards and act as the catalyst for future developments on this side of South Street. Given the changes that have now been introduced your officers consider that a high standard will be set albeit of a traditional architectural style.

·            Issues relating to impact of demolition works and possible asbestos content in the building are outside the remit of planning with other legislation controlling these matters.

·            Reference to the possible occupation of the existing building by bats is being investigated and the outcome of those investigations will be reported to Committee accordingly.

·            In terms of any specific overlooking issues of adjoining garden areas to the properties which front Pyle Street with particular reference to overlooking of the doctors surgery these have been addressed as follows:

 

o       Ensuring that the north facing elevation is devoid of any windows and applying an appropriate condition removing permitted development rights to insert such windows.

o       The appliance of a suggested condition ensuring that the flat roofed area of the northern end of the block at third floor level will not be used as a terrace or balcony with any access to this area being for emergency or maintenance purposes only.

o       A requirement that the projecting bay windows on the western facing elevation towards the rear of the building will have no side windows thus preventing any opportunity to overlook in the northerly direction.

 

            6.4       Other Issues Relating to Background/Policy

 

General scale, parking, traffic implications, environmental impact, financial contributions and the provision of affordable housing were referred to in some detail within the previous report and in a number of cases were discussed during the debate on the determination of this application. Therefore this report has concentrated solely on the design issue being the reason for deferral.

 

7.         Conclusion and Justification for Recommendation

 

7.1       Having given due regard and appropriate weight to the matters discussed both  in the evaluation section forming part of this report and the previous report dated 4 October 2005 your officers are satisfied that this revised proposal is acceptable with particular reference to the amended elevational treatments. Both the sites are of particular importance being visually prominent and clearly being in need of regeneration which is important to the Isle of Wight generally but in particular to Newport.

 

7.2       The deferral by Members at the October meeting has, in the opinion of your officers, had the desired effect with the architects going the extra mile to ensure the incorporation of changes to the design following a further comprehensive look at the existing characteristics and context of the town centre. These changes do reflect more readily the character of Newport and this additional appraisal when linked with the input of the Council’s Conservation and Design Team and English Heritage has resulted in a scheme which does justice to this visually prominent sites.

 

7.3       Your officers therefore consider the proposal continues to be acceptable having achieved a satisfactory affordable housing package conducive to the circumstances of the site and therefore both applications are recommended for conditional approval subject to the completion of a Section 106 Agreement.

 

8.       Recommendation

 

          To grant Conditional Permission to both applications subject to the completion of a Section 106 Agreement.

 

·         Financial contribution of £72,600 towards education (both applications)

·         Financial contribution of £25,000 towards transport infrastructure (both applications).

·         Provision of 10 affordable housing units in the form of discounted properties to sell at between 70 – 80% open market value as proposed in the report prepared by Adams Integra dated August 2005 (P/00870/03 – TCP/24809/C)

 

Conditions for P/00870/03 – TCP/24809/C

 

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 development shall not be occupied until sight lines have been provided in accordance with the visibility splay shown at the proposed access junction onto Pyle Street as indicated on the approved plan (reference number 02270L (20) 2022.  Nothing that may cause an obstruction to visibility shall at any time be placed or be permitted to remain within that visibility splay.

 

Reason:  In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.

 

3

None of the units hereby approved shall be occupied until uncontrolled raised area to facilitate pedestrian crossing has been provided close to the junction of Pyle Street with East Street, pedestrian cross over and refuge island has been provided mid way between the junction of Furlongs with South Street and junction of Pyle Street and South Street/East Street and vertical curbing has been provided along the edge of carriage way along the South Street frontage. Details of these features shall be submitted to and approved by the Local Planning Authority and the development shall be carried out in accordance with those details.

 

Reason: Is in the interest of highway safety and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.

 

4

No dwelling hereby permitted shall be occupied until 38 car parking spaces (including 2 spaces for the disabled) have been provided and are fully operational in accordance with Drawing No. 02270L (20) 2021. These spaces shall not thereafter be used for any purpose other than that approved in accordance with this condition.

 

Reason: In the interests of Highway Safety to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.

 

5

A parking area management plan including management responsibilities and maintenance schedules in respect of the communal parking area indicated on the plan hereby approved shall be submitted to and approved by the Local Planning Authority prior to the occupation of any part of the development.  The parking area management plan shall be carried out as approved.

 

Reason:  In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

 

6

Prior to occupation the dwelling hereby approved and agreed refuse collection management scheme shall be in operation and such scheme shall thereafter be retained.

 

Reason: In the interests of the amenities of future residents and in compliance with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

 

7

Prior to occupation of any of the dwellings hereby approved the proposed cycle shelter and bin store facilities shall be completed in accordance with details to be agreed and in the locations indicated on Drawing No. 02270L (20) 2022.

 

Reason: In the interests of providing cycle storage facilities in compliance with Policy TR6 (Cycling and Walking) of the Isle of Wight Unitary Development Plan.

 

8

No development shall take place until a full external brick, render and roof slate schedule has been submitted to and approved by the Local Planning Authority. Such schedule shall be accompanied by samples and brick panels shall be erected on site for inspection prior to agreeing the schedule. Development shall be carried out in accordance with the approved schedule and shall not be amended without prior to written consent of the Local Planning Authority.

 

Reason:  In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

 

9

The development hereby permitted shall not be brought into use until the windows, doors, bay window surrounds, moulding, string courses, piers, quoins, brick dressings and soldier courses have been constructed in accordance with the details shown on Drawing No.s 02270L (20) 2146 and 02270L (20) 2147. There should be no amendment to these details without the prior written consent of the Local Planning Authority.

 

Reason:  In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

 

10

None of the ground floor units fronting South Street and Pyle Street shall be occupied until the walls/wrought iron boundary treatment along the back edge of footpath has been constructed in accordance with agreed details to be submitted to and approved by the Local Planning Authority. Such boundary treatments to be retained and maintained thereafter and shall not be altered without prior written consent of the Local Planning Authority.

 

Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

 

11

Prior to occupation of the dwellings hereby approved a lighting scheme shall be implemented in accordance with details to be agreed with the Local Planning Authority such lighting shall be provided both within the proposed basement car park and the hard landscaped area abutting in part the northern and eastern boundary of the site. Such lighting shall be retained and maintained thereafter.

 

Reason: In the interests of planning out crime in accordance with Policy D11 (Crime and Design) of the Isle of Wight Unitary Development Plan.

 

12

No part of the development hereby permitted shall commence until there has been submitted to and approved in writing by the Local Planning Authority:

 

a)   A desk-top study documenting all previous and existing land uses of the site and adjacent land in accordance with national guidance as set out in Contaminated Land Research Report Nos. 2 & 3 and BS10175: 2001;

and, unless otherwise agreed in writing by the Local Planning Authority,

b)   a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as appropriate by the desk-top study in accordance with BS10175: 2001 – “Investigation of Potentially Contaminated Sites – Code of Practice”;

and, unless otherwise agreed in writing by the Local Planning Authority,

c)   a remediation scheme to deal with any contaminant including an implementation timetable, monitoring proposals and a remediation verification methodology. The verification methodology shall include a sampling and

analysis programme to confirm the adequacy of decontamination and an

appropriately qualified person shall oversee the implementation of all remediation.

 

The construction of buildings shall not commence until the investigator has provided a report, which shall include confirmation that all remediation measures have been carried out fully in accordance with the scheme. The report shall also include results of the verification programme of post-remediation sampling and monitoring in order to demonstrate that the required remediation has been fully met. Future monitoring proposals and reporting shall also be detailed in the report.

 

Reason: To protect the environment and prevent harm to human health by ensuring that where necessary, the land is remediated to an appropriate standard in order to comply with Part IIA of the Environmental Protection Act 1990.

 

13

A) No development shall take place until the applicant or their agents have secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted to and approved by the planning authority in writing.

 

B) The demolition and site clearance of existing structures will only commence under direct archaeological supervision and recording. All archaeological remains should be preserved by records, in accordance with, and adhering to, the Institute of Field Archaeological codes of practice and standards.

 

C) Following completion of Condition B) no development shall take place until a full archaeological excavation has been completed in areas made available by demolition. All archaeological remains should be preserved by record, in accordance with, and adhering to, the Institute of Field Archaeology codes of practice and standards.

 

D) A full site archive and report must be prepared and deposited with the County Museums service no later than 24 months  after the archeological excavation ceases.

 

Reason: To ensure the preservation by record of highly sensitive archeological remains of national importance in compliance within Ministerial Circular DOE 11/95 and in PPG 16 and Policy B9 of the Isle of Wight Unitary Development Plan.

 

14

Prior to occupation of any of the dwellings an agreed hard and soft landscaping scheme shall be carried out. Any such scheme shall include details of surface treatments both at ground floor, basement, car parking floor levels shall include details of any tree planting noting species, plant sizes and an implementation programme.

 

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 Isle of Wight Unitary Development Plan.

 

15

No development shall take place until a detailed scheme including calculations for capacity studies have submitted to and agreed with the Local Planning Authority indicating the means of foul water and surface water disposal. Any such agreed scheme shall include for a foul water disposal system indicating connection points on the system where adequate capacity exists to ensure any additional flow should not cause flooding or overload the existing system. Any surface water system should be discharged into the nearby water course in accordance with a scheme to be agreed with the Local Planning Authority.

 

Reason: To ensure an adequate foul and surface water drainage is provided for the development and in compliance with Policy U11 (Infrastructure and Services Provision) of the Isle of Wight Unitary Development Plan.

 

16

Prior to commencement of work detail scheme shall be submitted to and approved by Local Planning Authority indicating the treatment of the eastern and northern boundaries (adjacent the Clinic and Fire Station). Such boundary treatment shall be carried out in accordance with the agreed details prior to occupation of any of the dwellings hereby approved.

 

Reason: In the interests of the amenities of the area and in compliance with D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

 

17

Prior to commencement of work a full methodology statement shall be submitted in respect of proposed site management which shall include timings of delivery of construction materials. All construction traffic relating to the development hereby approved shall be directed to leave the site by means of prominent signage details of which shall be submitted to and approved in writing by the Local Planning Authority. Such signage shall be erected at the junction between the sites and South Street and Pyle Street. Signage 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 be immediately replaced.

 

Reason: In the interest of highway safety and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development.

 

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 materials from being deposited on the highway as a result of any operation on the site. Any deposit of materials from the site on the highway shall be removed as soon as it is practical by the site operator.

 

Reason: In the interests of highway safety and to prevent mud and dust from getting on the highway and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.

           

Conditions for P/00884/03 – TCP/24809/D

 

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 occupation of any of the flats hereby approved secure cycle parking shall be provided in accordance with details to be agreed with the Local Planning Authority. Such cycle parking shall be retained and maintained thereafter.

 

Reason: to ensure adequate safe provision o facilities for cyclist and to comply with Policy TR6 (Cycling and Walking) of the Isle of Wight Unitary Development Plan.

 

3

In the event of the retail units being unoccupied upon completion temporary shop fronts should be erected for a period of 12 months in accordance with details to be submitted to and agreed with the Local Planning Authority. In the event of the retail units continuing to be unoccupied after 12 months permanent shop front shall be erected in accordance with details to be agreed with the Local Planning Authority.

 

Reason: In the interest of the visual amenities of the area and in compliance with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

 

4

The flat roofed area of the northern end of the block at third floor level shall not be used as a terrace or balcony and any access to this area shall be for emergency or maintenance purposes only. No permanent access shall be formed to this flat roofed area.

 

Reason: To avoid any overlooking of the neighbouring properties and in compliance Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

 

5

Prior to commencement of work details shall be submitted of the treatment of the existing northern boundary wall of the site. Such treatment shall ensure the retention of the wall along with its repair and development shall be carried out in accordance with the agreed details.

 

Reason: In the interest of the amenities of the adjoining properties and in compliance of D1 (Standards of Design) of the Isle of Wight Unitary development Plan.

 

6

Prior to occupation of the dwellings hereby approved agreed hard landscaping proposal should be carried out in respect of pedestrian accesses. Such hard landscaping proposal shall include any boundary treatment in respect of the western and eastern boundaries. Development shall thereafter be carried out in accordance with those agreed details.

 

Reason: In the interests of the future occupiers of the building in compliance of Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

 

7

Prior to commencement of work a full methodology statement shall be submitted in respect of proposed site management which shall include timings of delivery of construction materials. All construction traffic relating to the development hereby approved shall be directed to leave the site by means of prominent signage details of which shall be submitted to and approved in writing by the Local Planning Authority. Such signage shall be erected at the junction between the sites and South Street and Pyle Street. Signage 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 be immediately replaced.

 

Reason: In the interest of highway safety and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development.

 

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 materials from being deposited on the highway as a result of any operation on the site. Any deposit of materials from the site on the highway shall be removed as soon as it is practical by the site operator.

 

Reason: In the interests of highway safety and to prevent mud and dust from getting on the highway and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.

 

9

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 Isle of Wight Unitary Development Plan.

 

10

No development shall take place until a detailed scheme including calculations for capacity studies have submitted to and agreed with the Local Planning Authority indicating the means of foul water and surface water disposal. Any such agreed scheme shall include for a foul water disposal system indicating connection points on the system where adequate capacity exists to ensure any additional flow should not cause flooding or overload the existing system. Any surface water system should be discharged into the nearby water course in accordance with a scheme to be agreed with the Local Planning Authority.

 

Reason: To ensure an adequate foul and surface water drainage is provided for the development and in compliance with Policy U11 (Infrastructure and Services Provision) of the Isle of Wight Unitary Development Plan.

 

11

No part of the development hereby permitted shall commence until there has been submitted to and approved in writing by the Local Planning Authority:

 

a)   A desk-top study documenting all previous and existing land uses of the site and adjacent land in accordance with national guidance as set out in Contaminated Land Research Report Nos. 2 & 3 and BS10175: 2001;

and, unless otherwise agreed in writing by the Local Planning Authority,

b)   a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as appropriate by the desk-top study in accordance with BS10175: 2001 – “Investigation of Potentially Contaminated Sites – Code of Practice”;

and, unless otherwise agreed in writing by the Local Planning Authority,

c)   a remediation scheme to deal with any contaminant including an implementation timetable, monitoring proposals and a remediation verification methodology. The verification methodology shall include a sampling and analysis programme to confirm the adequacy of decontamination and an appropriately qualified person shall oversee the implementation of all remediation.

 

 

The construction of buildings shall not commence until the investigator has provided a report, which shall include confirmation that all remediation measures have been carried out fully in accordance with the scheme. The report shall also include results of the verification programme of post-remediation sampling and monitoring in order to demonstrate that the required remediation has been fully met. Future monitoring proposals and reporting shall also be detailed in the report.

 

Reason: To protect the environment and prevent harm to human health by ensuring that where necessary, the land is remediated to an appropriate standard in order to comply with Part IIA of the Environmental Protection Act 1990.

 

12

The development hereby permitted shall not be brought into use until the windows, doors, bay window surrounds, moulding, string courses, piers, quoins, brick dressings and soldier courses have been constructed in accordance with the details shown on Drawing No.s 02270L (20) 2146 and 02270L (20) 2147. There should be no amendment to these details without the prior written consent of the Local Planning Authority.

 

Reason:  In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

 

13

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any revoking or re-enacting that Order with or without modification) no window shall be constructed in the north facing elevations of the block hereby approved without the prior written consent of the Local Planning Authority.

 

Reason: In the interests of the amenities of the adjoining property owners in compliance with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

 

14

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) there shall be no north facing side window inserted within the first and second floor west facing bedroom bay windows without the prior written consent of the Local Planning Authority.

 

Reason: In the interests of the amenities of adjoining properties in compliance with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.