PAPER C

 

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE –

TUESDAY 4 OCTOBER 2005

REPORT OF THE HEAD OF PLANNING SERVICES

 

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

                                                                     P/00884/03 – TCP/24890/D

 

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

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

Officer:  Mr J Fletcher Tel: (01983) 823598

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.

 

 

REASON FOR COMMITTEE CONSIDERATION

 

These are major applications of significant importance having significant policy implications and therefore forced to be determined by the Development Control Committee.

 

 

1.       Details of Application

 

          1.1     P/00870/03 - TCP24809/C

 

1.1.1    Originally submitted April 2003 with consent being sought for two/five storey development consisting of 2 retail units with parking, 74 flats on upper four floors.

 

1.1.2   Following negotiations application readvertised February 2005 with that re-advertisement indicating that the proposal is a departure from the provisions of the Unitary Development Plan.

 

1.1.3   This is a detail application for residential development in the form of a total of 69 flats (33 one-bed, 36 two-bed), basement car parking (38 spaces) and access off Pyle Street.  In detail proposal consists of the following:

 

1.1.4    Basement

          Approximately two-thirds of the site directly adjacent to the Fire Station set aside for basement car parking providing a total of 38 spaces, two of which are for the disabled.  Two staircase accesses provided, along with a lift for the disabled.  Access is via a ramped access off Pyle Street providing separate egress and ingress.  Total width of the access is approximately 5 metres, with the access being on the southern side of Pyle Street approximately 30 metres west of the junction of Pyle Street with East Street.

 

1.1.5   Ground Floor

·            15 one-bedroom flats

         1 two-bedroom flat

         Total 16

 

·            2 communal staircase entrances are provided at either end of the terraced row with the ground floor flats being accessed by a common corridor.  The common corridor is also linked to a raised block paved courtyard area which directly abuts the north facing and west facing boundary and provides bin storage and cycle shelter facilities with some raised planters.  Each of the ground floor flats is provided with some enclosed protectable space of varying size and shape, with that space directly abutting the rear of the footpath along South Street.

 

1.1.6    First and Second Floor

            24 two-bed flats

            12 one-bed flats

            Total 36 (18 on each floor)

 

1.1.7    Third Floor

            7 two-bed flats

            4 one-bed flats

            Total 11 (10 facing South Street, 1 facing Pyle Street)

 

1.1.8    Fourth Floor

            6 one-bed flats (within roof space)

 

1.1.9    In general flats to be served in pairs by communal staircases accessed off South Street.

 

1.1.10 Density

            328.5 units per hectare.

 

1.1.11  In plan form the proposal indicates a terrace of units essentially following the line of back of footpath to South Street and then returning along Pyle Street.  In this form the block follows a gentle curve with a rounded corner element on 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 roof finishes. 

 

1.1.12 Roof finishes are in the main in the form of stopped gabled roofs but does include a hip roof feature over the element of the terrace which abuts the Fire Station, a parapet curved feature where the block curves around the junction of Pyle Street with East Street, and in the case of the block over the vehicular entrance off Pyle Street this is in the form of a mansard roof.

 

1.1.13 Applicants indicate that wall finishes will be in the form of contrasting facing bricks under slated roofs, bay window features that have reconstituted Portland stone moulded surrounds with the ground floor protectable spaces being finished in steel railings on a dwarf brick wall.  Each pair of units to be enclosed by a narrow reconstituted stone clad pilasters which run through four floors encapped by a stone coping.  Windows to be both double glazed casement or sash windows, all to be dark stained.  Proposal indicates a moulded horizontal feature at first floor level finished in reconstituted stone.

 

          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 also 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   Ground Floor

           Ground floor indicates retail floor space totaling approximately 265 square metres with that retail floor space being sited to the front of the elongated building facing South Street.  The remaining element of the ground floor is in the form of two flats (1 one-bed, 1 two-bed).  Block occupies a width of approximately 12.5 metres by overall depth of 35.5 metres which results in a 2 metre gap on its western side and a 3 metre gap on its eastern side.  The building is set back approximately 2.5 metres from back of footpath on the South Street frontage.  Apart from the flats, proposal also indicates bin stores to serve the flats accessed off the western side.

 

1.2.3   Overall the detailed proposal needs consent for the demolition of the existing buildings and the construction of a three/four storey block of 19 flats (9 one-bed and 11 two-bed) along with the ground floor retail units.  As with the previous application, proposal has been the subject of a readvertisement in February 2005, although was not advertised as a departure as the proposal does indicate some retail floor space on the ground floor.

 

1.2.4   The following represents a schedule of accommodation excluding the two flats as already described on the ground floor.

 

1.2.5   First Floor and Second Floor

           8 two-bed flats

           4 one-bed flats

           Total: 12 (6 on each floor)

 

1.2.6   Third Floor

           3 two-bed flats

           2 one-bed flats

           Total: 5

 

1.2.7   Density

           270 units per hectare

 

1.2.8   In elevational terms plans indicate retail frontages to South Street and returning partially along the west and east facing elevation.  The remaining ground floor elevations relate to the residential use with the main entrances to the two ground floor flats being via the eastern passageway.  Retail unit is provided with a reconstructed stone moulded fascia with copings and mouldings at first floor level.  Proposal indicates stone pilasters both to the corners and either side of entrance doors to the retail unit.  Upper floors to be finished in facing brick with timber casement and sash windows.  Third floor to be set back both the front and to the side and to extend approximately 29 metres back from the South Street frontage.  The remaining element of the building to be three storeys in height finished in a parapeted flat roof to the rear of the site.  Proposal also provides for a projecting bay windows with solid side panels to the rear of the west facing and east facing elevations.  Block to be finished in facing brick with contrasting stone clad features under a symmetrical hipped roof set behind a low parapet.

 

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    Both the above-mentioned sites form part of a larger site which included the Fire Station, the ATS premises, the Clinic building and a group of three premises which fronted Pyle Street and related to a development proposal as follows.

 

         Demolition of existing buildings, proposed two/three/four storey development of 11 A1 units (retail), 3 A1/A3 units (retail food and drink), 1 D2 unit (leisure), 10 residential flats, 1 healthcare clinic, 1 Samaritan centre, 217 space roof car park, new access off South Street opposite Furrlongs for ingress/egress for cars and ingress for lorries service yard, new access onto Pyle Street for lorry egress only.

 

3.2    The application was submitted in March 2002 and was subject of protracted negotiations relating to design, mass and scale, highway issues, drainage, ground condition issues, environmental impact issues and concerns relating to mix of uses.  The negotiations failed to reach satisfactory conclusions with both applications, conservation area and planning applications being withdrawn in April 2003.

 

3.3    Members are also advised that an application for a new Fire Station on the western side of St Georges Way, diagonally opposite Newport Football Club, was also submitted at the same time but the application was also withdrawn.

 

4.      Development Plan/Policy

 

4.1    National policy guidance is contained within PPG3 - Housing, with relevant considerations itemised as follows. 

 

·             In providing sufficient housing land, priority should be given to reusing previously development land within urban areas in preference to development of greenfield sites.

 

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

 

·             Local plan policies should seek to achieve as an element of housing schemes 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 site suitability, and be a matter for agreement between the parties.

 

·             Planning Authority should ensure maintenance and supply of housing by concentrating most additional housing development in urban areas.

 

·             Make more efficient use of land, particularly previously developed land.

 

·             Create more sustainable patterns of development ensuring accessibility to public transport, jobs, education, etc.

 

·             Make more efficient use of land by adopting appropriate densities, with 30 to 50 units per hectare quoted as being the appropriate levels of density, with even greater intensity of development being appropriate with good public transport accessibility such as town centre sites.

 

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

 

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

 

4.2     Members' attention is also drawn to a recent amendment to PPG3 providing advice on supporting the delivery of new housing as follows.

 

·             Local Planning Authorities should consider favourably planning applications for housing or mixed use developments which concern land allocated for industrial or commercial use in saved policies and development plan documents, and redundant land or buildings in industrial or commercial use, but which is no longer needed for such use...

 

          There are three caveats to this advice, the most significant of which states that it should only apply if there is no realistic prospect of the allocation being taken up for its stated use in the planned period, or that its development for housing would undermine regional and local strategies for economic development and regeneration.

 

4.3     Reference is also made to Planning Policy Statement 6 (PPS6) - Planning for Town Centres. (This document replaces PPG6 - Town Centres and Retail Developments).

 

4.4     This document emphasises sustainability as the core principle, with the objective being to promote vitality and viability in town centres.  Among numerous factors referred to to achieve this aim is the promotion of social inclusion and encouragement of more sustainable patterns of development, ensuring that locations are fully exploited through high density mixed use development, with particular emphasis on the promotion of high quality and inclusive designs to improve the quality of the public realm.  In terms of housing this recognises that this is an important element in most mixed use multi-storey developments.  Focus should be given to existing centres in order to strengthen them and where appropriate regenerate them.

 

4.5     Finally, document emphasises that the sequential approach for site selection in respect of retail development continues to be an important contributor to the objectives of promoting vitality and viability in town centres.  The application of this policy in relation to these particular sites will be covered in the Evaluation.

 

4.6     Final national policy document applicable to this proposal is PPS1 - Delivering Sustainable Development. 

 

          This document lays down a number of key principles  which should achieve the main aim of sustainable development and makes a positive difference to people's lives and helps to deliver homes, jobs, etc. whilst protecting and enhancing the historic environment.

 

4.7     Document emphasises the need for high quality inclusive designs both in terms of function and impact, not just for the term but over the lifetime of the development.  It promotes more efficient use of land through higher density, mixed use developments, suitably located on previously developed land and building.

 

          It emphasises the role that good design plays in ensuring attractive, usable, durable and adaptable places.  In respect of the current application the following principles within this document apply in respect of good design.

 

·             Address the connections between people and places.

·             Ensure integration into the existing urban form and built environments.

·             Ensure successful, safe and inclusive towns.

·             Create an environment where everyone can access the benefits from the full range of opportunities available.

 

4.8     Finally in respect to this document, it emphasises that design policies should:

·              avoid unnecessary prescription or detail;

·              concentrate 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.

 

          4.9     Local plan policies are summarised as follows.

 

4.10   In terms of the Unitary Development Plan, both sites are situated within the Newport Town Centre boundary as defined in the Unitary Development Plan.  Also both sites form part of a larger retail allocated site (Fire Station site) which includes the Fire Station, ATS premises and other commercial and residential properties which front Pyle Street.  The site has been identified as being suitable for retail developments either independently or linked to proposals for Coppins Bridge Car Park.  The allocation recognises that any redevelopment proposal could only take place following the relocation of the Fire Station.

 

4.11   This retail allocated site is one of four such sites in Newport and is the only one that has not been developed out.  The other three are Sainsbury's Superstore, Sainsbury's Petrol Filling Station and the development of the multiplex cinema and its surrounding commercial developments.

 

4.12   Neither of the two sites which are subject of this application are within the Newport Conservation Area, although both are in close proximity with the smaller site (west of Fire Station) which directly abuts the Conservation Area on its southern side.  Incidentally the part of the overall retail allocated land encroaches within the Conservation Area.

 

4.13   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.

 

4.14   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

 

4.15   Both sites are within Zone 2 of the Council's Parking Policy thus requiring a parking provision that shall not exceed 0 - 50% of parking guidelines.

 

4.16   Finally Members' attention is drawn to Statutory Supplementary Planning Guidance on affordable housing issued in August 2004 and which essentially, following a full assessment of Council's affordable housing needs, recommends that a figure of 30% of development be the starting point for negotiation regarding provision of affordable housing in any housing scheme.

 

5.       Consultee and Third Party Comments

 

          5.1     Internal Consultees

 

·             Following a series of extensive negotiations the Highway Engineer is now satisfied with the proposal and recommends conditions if approved.

 

·             Following predetermination archaeological investigation by the applicant enough information has now been supplied on which to base a planning decision and therefore he is suggesting a series of four conditions applicable to both sites, although the pre-determination archaeological investigation has only taken place on the South Street Site with those conditions required to ensure the preservation by record of highly sensitive archaeological remains.

 

·             Council's Contaminated Land Officer recommends appropriate conditions for both sites.

 

·            P/00884/03 - TCP/24809/D - Council's Environmental Protection section suggests conditions covering the type of operation in respect of the ground floor commercial use, details of any plant and machinery to be installed including its hours of operation and any abatement plant proposed, and details of any extract or exhaust to atmosphere, their likely content and any abatement plant proposed.

 

·             Council's Housing Development & Initiatives Officer has commented in some detail following direct negotiations with the applicant's representative.  He concludes that affordable housing is not deliverable in the traditional form of a Section 106 agreement unless grant is made available by the Housing Corporation.  (This issue will be covered in some detail in the Evaluation section.)

 

·             Council's Architects Panel considered sketch proposals and commented to the effect that generally any development of this site would be expected to follow the pavement line but with some articulation and be in character with the traditional development within Newport.  Panel recognised the extreme importance of the site in Newport which warranted a high quality development proposal.

         

          5.2     External Consultees

 

·             Southern Water state that all public sewers in the area are combined and advise that flows should be separated, with surface water potentially discharged into the nearby watercourse subject to appropriate consents, thus allowing capacity for the foul drainage in the existing combined sewer.  The new surface water sewer could be adopted by Southern Water.  They state they know of no sewage incidents in the immediate vicinity.

 

·             The Environment Agency raise no objection to the proposal providing specific floor levels are adhered to.  Agency advises flood proofing measures to reduce damage to buildings/properties.  These measures include bringing all electrical services down from the ceiling, raising slab levels, covers for doors/air bricks, solid stone/concrete floors with no voids underneath and no studwork partitions on the ground floor.

 

·             In view of the site's close proximity to the nearby Newport Conservation Area and its prominence in respect of the gateway access into Newport, English Heritage have been further consulted in respect of the revised readvertised scheme.  They generally consider that the proposal represents an improvement from the previous initial scheme but continue to have a number of reservations with particular reference to bulk in form and appearance and overly fussy fenestration.  In detail their comments are summarised as follows.

 

·        Proposal overly bulky in the street appearance, largely due to combinations of height and recessed upper elevations and roof forms.  Particular criticism of large mansards from front to back.

·        The corner building wrapping around Pyle Street and South Street generally satisfactory.

·        Scheme would be assisted by addressing the propositions and scale to create a hierarchy within the windowing from ground to second floor.

·        Further consideration needs to be given to fenestration proportion with particular reference to the upper floors.

·        In general both elevations are too busy at roof resulting in a cluttered appearance to the elevations of the four blocks with set backs and mansards.  General very strong criticism of the mansard approach to the roof finish.

·        English Heritage is not convinced that the set backs being indicated sufficiently reduces the impact of the bulk.

·        The visually strong vertical elements are compromised by the horizontal intervention of set backs and bays, with the whole being excessively complex.  This aspect is particularly important both when viewed from the street and viewed from the leisure centre opposite.

·        Environment Agency suggests that traditional format should be followed and therefore careful examination is required of the details and roof forms in the town core using a simple variety of heights within a pattern of vertical units.

·        EA suggests some double gables could be used running front to back linked to a variety of simple plain roof forms.

·        Does not consider there is a need to design ground floor frontages in identical manner.  EA does suggest as an alternative a more modern lightweight approach to the upper floors.

 

·             In terms of the Auto Windscreen site (TCP24809/D) English Heritage comments as follows:

 

·               Elevation works rather better as a single block due to its window hierarchy relationship of solid to void onto South Street.

·               Side elevations excessively busy, however this large block might be better dealt with as two distinct blocks with two or three roof elements.

·               Rear layout has problems integrating pedestrians with services, and it is important that routes through are both feasible and capable of pedestrian friendly treatment.

 

·             English Heritage consider changes are needed to the scheme to address the above issues, and if not possible the scheme should be rejected.  However English Heritage is now content to leave such deliberations to the Local Planning Authority without further reference to them.

 

          5.3     Third Party Representations

 

·             Initial proposals in respect of both sites attracted a 21 signature petition objecting to the proposal, along with 10 individual letters of objection from local residents addressing a substantial number of concerns.

 

·             Following the readvertisement of the revised proposals a total of 7 letters of objection which raise both general matters and specific concerns regarding the proposal's impact on the existing environment currently enjoyed by neighbouring properties.  Also e-mail received from local councillor who attended a small public meeting on the issues following which he has raised a number of concerns.  Five of the letters of objection are from residents of Pyle Street including a letter of objection from the doctor's surgery in Pyle Street, one from a resident of Prospect Road and one from a representative of the NHS Trust.  Communication also received from local councillor summarising concerns expressed by local residents following a public meeting on the issue.  I would summarise the concerns of the local councillor as follows.

 

·           General view that five storeys is excessive, any development should be restricted to a maximum of four storeys.

·           Any traffic access should be off South Street and not Pyle Street, the general view being that the Pyle Street access is excessively dangerous and would present hazards to vehicular and pedestrian users.

·           The scheme on the Auto Windscreen site excessively close to the rear boundaries of properties in Pyle Street.

·           Concern that the lack of parking will increase pressures on on-street parking in Pyle Street.

·           It was acknowledged that the revised scheme represented an improvement to that which was initially submitted.

 

·            P/00870/03 - TCP/24809/C - In terms of individual letters of objection these are summarised as follows.

 

·         Concern at overall height, with one objector considering three storeys should be the maximum.

·         Introduction of five storeys intrudes into residents' privacy and could cause loss of sunlight to premises in Pyle Street.

·         Facade of 2 Pyle Street should be incorporated into the design as this represents a good example of Grade II Listed Buildings in Pyle Street.

·         Proposal is excessive in density and provides insufficient parking.  Basement car parking should be increased to provide additional parking to achieve at least a parking space per unit.

·         Proposal will increase pressures on on-street parking and increase pressures on requests for parking permits, which will result in an excessive number of cars chasing too few car parking spaces.

·         The exit onto Pyle Street is dangerous and could contribute to congestion, especially during peak times, thus resulting in more pollution.  Road also used by emergency vehicles, thus causing a delay to those vehicles reaching the emergency.

·         Included in the package of plans is a proposal for the overall development of the area which some writers consider to be misleading.

·         Should development go ahead it is essential that there is a social and private mix to match the social cohesiveness currently existing in the area.

·         Writers consider the proposal should be refused and consider a more modest plan to address the points of objection raised.

·         Proposal will result in increased traffic in the town centre which is already suffering from traffic congestion.

·         Increased traffic movements will cause noise disturbance to neighbouring properties.

·         Specific concern expressed on behalf of the health clinic in Pyle Street which abuts the site.  Particular reference made to the use of the therapy rooms within the clinic being overlooked from the proposed development, thus impeding confidentiality.

·         Concern that the construction works will both represent an imposition and create considerable disturbance to adjoining residents, again with particular reference to the adjoining clinic premises.

 

·         P/00870/03 - TCP/24809/C - The following issues are specific to this application.

 

·         Those residents who back onto this development are concerned at the closeness of the development to their rear boundary causing loss of sunlight and having an overbearing and obtrusive effect.

·         Considerable concern expressed regarding the introduction of commercial element on the ground floor and the concerns that this will have an intrusive impact on neighbouring residential properties.

·         The doctor's surgery has a number of consulting rooms which could be overlooked thus affecting privacy and confidentiality.

·         Some reference made to the future development of the adjoining land and the fact that there is no guarantees that space will be provided as indicated on the illustrative proposals for the overall site including the Fire Station.

·         Any development on this site should not be considered at this time but should be considered in conjunction with the adjoining land as an overall development.

 

6.                Evaluation

 

          6.1     Background/Policy

 

          Before evaluating the current two applications I consider it is important Members are aware of how the current situation has been reached.  The following represents a brief précis of the chronological order of events.

 

·               In March 2002 a comprehensive application was received encompassing the whole of the retail allocated site as defined in the Unitary Development Plan and included Council owned land (Fire Station), the ATS premises, clinic buildings and group of three premises in Pyle Street.

 

·               A parallel application was also received in respect of the relocation of the Fire Station to a site on the western side of St Georges Way.

 

·               A series of protracted negotiations took place regarding that application in respect of issues of design, mass and impact on the townscape with those negotiations floundering somewhat and resulted in the withdrawal of that application in April 2003.  The application in respect of the relocation of the Fire Station was also withdrawn.  The reason for the withdrawal was not only due to the failure of the negotiations but also due to the decision of the Authority in respect of the withdrawing from the comprehensive approach which the applicants claim made the scheme an attractive proposition.

 

·               In the meantime a Planning Brief was produced in November 2002 recognising the importance of the site in terms of Newport.  That Brief, being a nine page document, flagged up all the issues which require to be addressed in any design process relating to the overall allocated site.  The Brief has not been rolled on to being a statutory Supplementary Planning Guidance document and it is assumed that it will be updated and rolled forward as part of the Local Development Framework process.  This apart it is a document that provides general guidelines to development on this land.

 

·               The collapse of the comprehensive approach resulted in the withdrawal of the overall application, with the applicant submitting immediately two current applications in April 2003 which was within the time period for such applications to be free of an application fee.  The quality of these two applications was somewhat disappointing in terms of their architecture and the fact that they appeared to have paid little regard to the Design Brief referred to above.  In view of the circumstances mentioned above, rather than consider recommending these application for refusal, negotiations were undertaken.

 

·               During the negotiating process an application was received in respect of the Bus Station which, as Members are aware, involved a substantial area of retail floor space on a site the location of which was nearer the town centre than the Fire Station retail allocated site.

 

·               The obvious impact on the viability of the Fire Station site in terms of retail use was reviewed as part of the overall process.  Council's Retail Consultant confirmed the conclusions reached by the retail consultants acting on behalf of the Bus Station application that retail viability on the Fire Station was seriously compromised.

 

·               Council's Retail Consultants came to the following conclusions.

 

        "I am not sure that two medium/large retail development schemes could be supported in Newport at the same time simply because the market could not absorb two schemes at the same time.  In my view if consent is granted for this scheme (the Bus Station) I would not expect major retail development to come forward on the Fire Station site.  Indeed, on the latter site I consider that it is relevant that there are two applications for the smaller scale development which I believe reflects the marginal retail potential for this location."

 

·              Council's Retail Consultant recognised that the Bus Station was the prime pitch in terms of Newport and its retail development would not harm the health of the town centre as a whole.  They were satisfied that there was not an issue releasing a sequentially preferable site before the allocated site.  Reference was also made to the Bus Station being identified for redevelopment in respect of the UDP inquiry process, with the Inspector justifying its rejection that it should be formally identified as a retail allocated site on the basis that the Bus Station is to be retained within that scheme.

 

·              On this basis the omission of any retail floor space within the main site (TCP/24809C) was acceptable albeit being contrary to the retail allocation.  The current application being for entirely residential is considered to be appropriate despite the fact that it does not contain any retail contrary to its allocation, and the readvertisement of the residential proposals indicated that it was a departure from those statutory policies.

 

          6.2     Applicant’s comments

 

                   Applicants not surprisingly point out that these two sites were purchased on the basis that there would be a comprehensive approach on the overall larger site including the Fire Station.  The failure of the Council to move forward regarding the relocation of the Fire Station and this, coupled with the submission and approval of the substantial retail development on the Bus Station site, has clearly had a significant effect on the viability of the initial business plan which was effectively to form a partnership with the Council in terms of the overall development.  The issues raised by the applicants are as follows:

 

·               Current proposal for residential development is an attempt to retrieve the situation and provide Newport with a much improved entrance to the town.

 

·               Applicants accept the logic behind the approval of retail development on the Bus Station site bearing in mind its advantageous position in respect of the town centre.

 

·               The Bus Station decision however deprived the applicant’s land of a commercially advantageous position, thus ruling out viable retail element on the applicant’s land with particular reference to the lower site.

 

          6.3     Whilst I have some sympathy with the applicants with regard to the situation they find themselves in, in respect of the failure to achieve a suitable relocation of the Fire Station thus creating a comprehensive site, the fact remains that there is a need to move forward and establish development proposals on this important site.  It is important to appreciate that following encouragement from your officers the applicants have submitted an indicative layout indicating how the Fire Station site could be linked into the two current proposals thus indicating that the schemes have not been produced in isolation from adjoining land.  Applicants have every right to expect these applications to be determined given the extensive nature of the negotiations that have taken place and the length of time the application has been with the Authority.  Whilst Members are required to determine the two application on their merits they should bear in mind that these proposals, both in terms of uses proposed which is mainly residential, and in terms of siting design and massing, consideration needs to be given to the potential of redevelopment of adjoining sites.

 

          6.4     Detail assessment of the two applications

 

                   6.4.1   In view of the circumstances which existed at the time of the submission of these two application in April 2003 it was decided to pursue without prejudice negotiations on the two schemes which unfortunately were poorly conceived and presented without justification through the auspices of a Design Statement.  Those negotiations have been extensive resulting in the scheme which has been described in detail above.  I will assess the two sites separately as follows.

 

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

                              Members will appreciate the importance of this site, representing a significant gateway site into Newport.  The principle therefore of placing the development along the back edge of footpaths both on Pyle Street, East Street and South Street is an approach which is considered to be wholly appropriate in principle and which has been subsequently supported by the Architects’ Panel, English Heritage and Council’s own Conservation and Design Team.

 

                   6.4.3   Members will note that the applicants have taken a traditional architectural approach in design term on the basis that it provides a greater level of integration with the existing adjacent Conservation Areas and general character of the town centre.   Such an approach was specifically referred to as being appropriate by the Architects’ Panel.

 

                   6.4.4   Having established that the general siting of the development and architectural approach was acceptable, the most important issue is whether or not the quality of the architecture and the massing of scale were appropriate over this extensive length of frontage development.  All design consultees emphasised the need for quality development proposal on this site.

 

                   6.4.5   The applicant’s architect’s Design Statement lists five aims, and Members will need to establish whether those aims have been achieved.  These aims are as follows:

 

·               To provide quality sustainable accommodation/units.

 

·               To respond to and respect the physical environment of the site.

 

·               To integrate the new developments with the existing adjacent Conservation Areas and town centre.

 

·               To raise and set the standard for design and material quality along South Street for the future redevelopment of the Fire Station and related adjacent sites.

 

·               To respect in massing terms the possible redevelopment of the adjoining adjacent sites.

 

       6.4.6   The most critical comments of the scheme came from English Heritage, whose input has been invaluable in this instance.  Again it should be emphasised that English Heritage support the scheme in principle but raised numerous issues which in the main related to treatment of upper floors, treatment of fenestration in the area of the upper floors and criticism of the use of mansard roofs.  It is important to appreciate that English Heritage, having made these comments, have effectively handed over the resultant negotiation process to the Local Authority to conclude.

 

                  These negotiations have been extensive in nature, involving the Conservation and Design Team, the result of which are the following amendments.

 

·               Revisions to window proportions within the upper floors and within the roofscape.

 

·               Omission of mansard roofs apart from one element of proposal fronting Pyle Street.

 

·               The revisit of the corner unit where it abuts the Fire Station introducing new fenestration proportions at roof level.

 

·               An interpretation of the concerns of English Heritage related in the main to the treatment of the upper floors, with particular reference to traditional roof shapes and window proportions.  It is considered that the submitted scheme has now successfully addressed those concerns with the end result being a scheme which respects an overall traditional architectural theme whilst still incorporating a level of variety within that theme.  A simplicity of approach to the window proportions at the upper floor levels and the introduction of traditional roof shapes as opposed to the mansard roofs has also assisted in addressing the English Heritage’s criticism of excessive clutter at this level.

 

       6.4.7   Members will note that the quality of materials to be used not surprisingly reflect the traditional architectural character of the development, with reference being made to quality facing bricks, use of stone surrounds to feature windows and slated gabled roofs.  This, coupled with the introduction of brick and railed frontage boundaries to provide elements of protectable space along the back edge of footpath, leads me to the view that in architectural terms this scheme does justice to this important gateway site.

 

       6.4.8   Scale (massing and height)

                  Any scheme which introduces an element of five storey development is bound to be controversial.  In this regard proposal as described introduces in the main three storey, however there are at least two elements of the terrace in four storey and three elements in five storey form.  Firstly it is important to appreciate that the top floors both of the four storey and five storey elements are wholly within the roof space served by modest sized dormer windows.  Therefore effectively the vertical heights are limited to three storey and four storey.  Also the changes in fenestration proportion, with the main feature projecting dormer windows terminating at the third floor level in the case of the five storey elements and second floor level in the case of the four storey elements, helps to reduce the overall visual impact of the scale of the proposal.

 

                  It is also important to appreciate that the three five storey elements are located within that element of the terrace which faces the junction of South Street and Furrlongs, being the road access to the multiplex cinema and adjacent commercial premises along with access to Matalan.  As the terrace sweeps round towards East Street it reduces to four storey and then to three storey as it turns the corner partially up Pyle Street.  It is considered that this mix of scale within this long terrace assists in articulating the terrace, takes account of the prominence of the junction of South Street with Furrlongs by introducing the five storey elements in this location and, more significantly, provides an appropriate scale of terrace development in respect of this important approach into Newport.  It also would represent a marked contrast to the contemporary building opposite, being the multiplex cinema complex.  In this regard it is important to appreciate that this development will be extremely prominent when viewed from the reception area which serves the multiplex cinema, with particular reference to the roof shapes and roofscape generally.  Given this represents an important viewing platform, it is particularly important to ensure that roofscapes and fenestration proportions are appropriate.

 

       6.4.9   Parking

                  Members will note that proposal provides limited parking provision (38 parking spaces) which I understand will be specifically allocated.  The provision of parking for residential schemes has proved to be a difficult issue to address, however to expect a site in this particular location, virtually in the town centre, to provide 100% parking, would be highly unrealistic.  To do so would seriously compromise the level of density which will be expected from brownfield sites in this location.  It would also compromise the aims of achieving a development which is aimed at the lower price range end of the market, i.e. first time buyers, whilst also making it more difficult to achieve an appropriate architectural and scale of development.  Needless to say the parking provision entirely accords with statutory policies and effectively provides one parking space per two dwelling.  It will also be appreciated that purchasers of these properties will be fully aware that 50% of the units will not have an allocated parking space.  Finally it is pointed out that there are two long stay car parks within relatively short distance of this development, i.e. in Sea Street and to the rear of the multiplex cinema.

 

       6.4.10 Traffic implication

                  Again this has been the subject of extensive negotiations with the Council’s Highway Engineers, with particular reference to the suitability of the access off Pyle Street.  The location of the block on the Pyle Street frontage has been marginally amended to ensure suitable visibility exists in the direction of East Street.  Also the introduction of specific ingress and egress into the parking area will assist in controlling level of traffic movement from this basement car park.

 

                  Some concern was expressed regarding mechanisms in respect of refuse collection.  In this regard two bin stores have been provided within 30 metres of the accommodation as required under Building Regulations and, if approved, management arrangements will be made to ensure four bins are assembled adjacent to the Pyle Street entrance for collection through the Local Authority refuse collection service.

 

                  Finally other benefits which would accrue relate to the provision of a controlled raised area tactile pedestrian crossing a short distance up Pyle Street from its junction with East Street, the introduction of a pedestrian crossover with refuge island midway between the junction of Pyle Street and East Street and the junction of South Street and Furrlongs, and following negotiation the introduction of a specific type of kerbing along the South Street frontage to ensure a deterrent to parking on the pavement.  This approach was considered to be more appropriate than the introduction of visually prominent bollards.

 

       6.4.11 Environmental Impact

                  There is no doubt that any development on this site will have an impact on the immediate neighbouring properties, which in this case is the clinic which fronts Pyle Street.  The concerns being expressed are noted and in this regard in the main any overlooking in this direction will be from windows which service bedrooms, with the lounges almost entirely facing South Street and East Street.  Also apart from that element of the terrace towards the junction of Pyle Street with East Street, the distance between the clinic and the terrace block increases as the terrace sweeps round towards the Fire Station.  I repeat that the location of the terrace block along the back edge of the existing footpath creates the greatest distance from that adjoining clinic building could be achieved on this site, and even the development of a lesser density would have impact on this building and its function.  If Members are mindful to approve the application then consideration could be given to the insertion of obscure glazing in the lower half of the upper windows to reduce overlooking.

 

          6.5.1   P/00884/03 - TCP/24809/D Detail Evaluation

 

                     As with the larger site the initial proposal in April 2003 was seriously flawed in terms of its concept and in this case particularly its impact on South Street, its likely relationship to adjoining sites on either side, i.e. ATS and the Fire Station, and significantly in this case its impact on the rear gardens of the properties which front Pyle Street to the north.  This is a much narrower site and although inherently linked to the larger site on the other side of the Fire Station, it will stand separate from it.

 

          6.5.2   Negotiations have resulted in a significant change to the initial proposal of April 2003, with this scheme now providing in the main residential accommodation in the form of 19 flats (9 one bed and 11 two bed), but also significantly including 255 sq.m. of retail floor space within the forward area of the ground floor fronting South Street.  In view of this provision of retail floor space this application is not a departure from statutory policies.

 

          6.5.3   In terms of siting, proposal provides for almost total site coverage as described and as such has been designed on the assumption that any future adjoining developments would need to respect the fact that the more significant aspects are in a westerly and easterly direction, with those elevations containing fenestration which serves bedrooms in the case of the west facing elevation and in the main lounge/dining rooms in the case of the east facing elevations.  The Architect’s Design Statement specifically refers to the fact that the layout has been based on the premise that redevelopment of the adjacent spaces either side of the site will result in the creation of significant open spaces (squares).  Such space would be necessary to ensure pedestrian routes can be made available through to Pyle Street and beyond to the town centre, thus increasing connections to those areas.

 

          6.5.4   In terms of the architectural approach, this is similar in all respects to the architectural theme described above apart from the need to incorporate such an approach into the retail frontages.

 

          6.5.5   In terms of the quality of the design approach, this again has been subject to negotiations which included recognition that there needed to be a reduction in height to the rear of the block, the importance of the west and east facing elevations which will be of some prominence when approaching from those particular directions.  The scheme has also been amended to ensure the introduction of projecting bays at first and second floor level which are significant both in terms of their architectural contribution but also to avoid the potential for direct overlooking in a northerly direction with reference to the adjoining surgery.  As with the larger scheme the general architecture and fenestration proportions have been simplified and the parapet treatments at third floor level provides a visual stop and reduces the potential impact of the third floor, which is recessed and has a shallow pitched slated roof providing a visual stop.

 

          6.5.6   Architects are confident that this scheme will contribute to the design aims previously referred to within the Design Statement with, in this case, the importance of the potential development with the adjoining sites playing a significant role.  The architect states that the building has been designed to be part of a group of buildings possibly contributing to new neighbouring public open spaces or streets, and as such has a pivotal role in the overall development of the area and should therefore be of sufficient height to be a visual vocal point.

 

          6.5.7   In terms of addressing the concerns of English Heritage, whilst the negotiations have not complied with the comment development could be dealt with as two distinct blocks, general simplification of the fenestration provides a balanced elevation and this, coupled with the use of the ground floor for retail purposes, introduces a differing element at that level which assists in reducing the impact in height terms. The Conservation and Design Team is satisfied that this block is of a sufficiently high standard to be acceptable on this awkward shaped site.

 

          6.5.8   Materials to be used are similar to those specified in respect of the larger site with the exception of horizontal moulded bands in respect of the ground floor, particularly in terms of the retail units which is extended into the ground floor flats to the rear of the site.  Similarly with regard to stone banding and capping where the parapet finishes at second floor level also assists in introducing an element of variety while still adhering to the traditional architectural theme.

 

          6.5.9   A more important issue with regard to this site is that of scale, with all the above mentioned architectural features assisting in reducing the impact of a building of this mass and height.  There is no doubt that this building will have an impact because of its overall scale and also because it stands between buildings which contribute little or nothing to the street scene and are generally of poor quality design.  The question is whether or not this scale of building with its traditional architectural style is of sufficient quality to set the standards and act as the catalyst for future developments on this side of South Street.

 

                     The applicants have adhered to the strong encouragement to reduce the scale of the building to the rear and to ensure no windows are inserted in the north facing elevation.  This stepping back of the main façades at the third floor level both contributes to the architectural appearance of the building but also reduces the impact on the neighbouring properties.

 

          6.5.10 Proposal, because of its shape and location, provides zero parking.  I 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.  The units are a mixture of two and one bedroom units ideal for a town centre location such as this, and the zero parking provision accords entirely with policy.  To provide a vehicular access off South Street would seriously sterilise that important frontage and would present an architectural problem to which there would be some difficulty in achieving a solution.  If anything this is a classic situation caused by the fact that this site is now having to be looked at in isolation from the adjoining sites which clearly, if looked at more holistically, could have provided some limited parking.

 

          6.5.11 Highway Engineers have expressed concern regarding how the retail units are to be serviced, with the submitted application indicating a future service bay which essentially stands to the front of the Fire Station but would not be provided in that form until redevelopment takes place of the Fire Station.  This is another example where a comprehensive approach could well have provided a solution to these issues.  Highway Engineer is not suggesting however that this problem is sufficient to warrant a recommendation for refusal, particularly given that the retail floor space is relatively small and is unlikely to need to be serviced overly regularly or by large articulated lorries.

 

          6.5.12 In terms of environmental impact, this has been touched upon under previous sections, with the potential issue of overlooking of the adjoining surgery having been addressed by the introduction of projecting bays with no side windows which would result in any overlooking in that direction being virtually impossible.  This, coupled with the setting back of the third floor, does indicate the applicants have addressed as far as they are able the concerns of the neighbouring properties, although I acknowledge that the three storey element of the development almost touching the northern boundary will have a greater impact than the existing scale of building on the site.  I do not consider that this impact is sufficient to warrant a refusal of the application, particularly as the north facing elevation is devoid of windows.

 

          6.5.13 In summary, whilst recognising that this proposal represents intensive development of this relatively small site, its location even closer to the town centre makes such a proposal inevitable with the block being sited to create activity onto the South Street frontage and to the frontage to the east, which will have shop fronts facing that footpath and also provide access to the residential ground floor units and the communal staircase serving the upper floors.  I am satisfied that if this is satisfactorily laid out then it will provide a user friendly pedestrian access which should be well lit and managed and therefore should not present antisocial behaviour problems.

 

6.6     General issues (both sites)

 

6.6.1  Members will note that during the processing of the application a complete archaeological dig was considered to be essential, and a full Archaeological Evaluation Report has been prepared involving the digging of trenches on the larger site.  Results of that evaluation have proved that there are very good survival of archaeological deposits within the area which also indicates that the chance of further archaeological deposits surviving within the study area is therefore very high.  Council’s Archaeological Officer has acknowledged the level of information that has now been provided following this on site evaluation and has suggested a series of conditions which would be applicable to both sites.  Incidentally the cost of this process has been in the region of £150,000.

 

          A similar appraisal would be necessary in terms of potential contamination, which applicants have again referred to as a potential for added costs.  Both the Environment Agency and Southern Water have been further consulted and essentially support the proposals subject to the appliance of appropriate conditions.

 

6.6.2  The submission of the comprehensive layout does indicate how both the ATS site, the Fire Station site and the land accommodating the clinic in Pyle Street could be incorporated into an overall comprehensive approach.  This comprehensive indicative plan indicates desirable footpath lines through the site linking South Street with Pyle Street and how this additional development could be serviced both in terms of retail use and any residential floor space above the retail usage.  I am satisfied that this provides a method of developing adjoining land although obviously it does not necessarily indicate that this is the only method of developing adjoining land.  It is important that Members appreciate that this is indicative only and is essentially for information.

 

Financial Contributions

 

·       Through negotiating process the applicants have emphasised that following the collapse of the comprehensive approach which formed the Business Plan and assumed that development would be carried out in partnership with the Local Authority, viability of the scheme had become marginal to say the least.  This apart however, the applicants have been advised that a development of this nature would be expected to address the need to make the necessary contribution, as would any other development of this level of density, and particularly given the site’s town centre location.  However, your officers have tried to balance these requirements against the unusual circumstances and events which have resulted in the schemes now before Members for determination.  Obviously there is a need to ensure such contributions are reasonable and relate to the development being permitted, and more importantly any waiving or reduction in contributions can be fully justified.  Following these negotiations the applications have accepted that the proposal will attract an education contribution of £72,600 and a highway infrastructure payment which has in this case been set at £25,000 acknowledging the highway improvement works in respect of introducing pedestrian safety features in South Street and in Pyle Street.

 

·       Members will be aware of the current state of dereliction of much of the site and the unfortunate visual impact when entering Newport from this direction.  Therefore it is fully acknowledged that there is an urgent need to see a high quality development take place on this site which may also act as an impetus to decisions being made regarding the relocation of the Fire Station.  Members should also appreciate that national advice clearly indicates that viability of schemes is a factor that needs to be taken into account when loading those schemes with contributions.

 

6.7     Affordable housing

 

6.7.1    Further discussions have taken place with the applicants and their own affordable housing consultants with a view to establishing the mechanisms by which this proposal will be administered and more significantly what cost factors are involved to the Council. It is important to appreciate the Council does not have staffing resources to provide the appropriate vetting and nomination procedures which would be essential to administer this type of scheme. Essentially this scheme can be best defined as a key worker scheme for it would be anticipated that appropriate nominees for occupation of these properties would need to satisfy the test of being key worker.

 

6.7.2    Independent discussions have taken place between the Council’s Housing Initiative Officer and the applicants housing consultants which have resulted in the following:

 

·         Recognition scheme would be an Affordable housing sub market sell levels for key workers as defined by the Key Worker Living Programme.

·         Housing Initiative Officer considers that the mix that has been offered whilst not meeting our highest priority for affordable housing does provide a mix suitable to meet the need for key workers on the Island at present.

·         The scheme will not offer affordable housing in perpetuity and is not provided by a housing association but the developers arguing that this is the only method that make the scheme viable.

·         In terms of administering the scheme contact has been made with the current key workers own agents (Swathling Housing Association) to establish whether or not they would be able to assist with the management of a list appropriate to vetting and nominations. Confirmation has been received from the current key worker zone agents that they are happy to provide this service within the cost capable of being absorbed by the developer. It was also noted that should the situation change the revenue implications to the Council would be of no significance and would not compromise the delivery of the scheme.

 

6.7.3        For Members information a nomination process would therefore work as follows:

 

·         The developer would notify the agency managing the scheme of the completion dates of the units.

·         The managing agent would supply a list of nominations for the scheme.

·         The appropriate vetting would then be undertaken by the Zone Agent, Council or developer.

·         The selected nominations once vetted would be shown the properties.

·         The nominations would be made.

·         Subsequent nominations would be made as and when properties became vacant using the same process.

·         The Council, zone agent and the developer would agree on who would deal with each part of the process with the Council specifying this part.

·         The developer to pay all reasonable costs associated with the nominations and vetting procedure as agreed in the specification.

 

6.7.4        The Council’s Housing and Initiative Officer find sufficient comfort in this process that there are sufficient checks and balances within it to enable him to support the proposal as being the only realistic provision of affordable housing on this site given the viability issues outlined by the developers and referred to in this report.

 

         6.7.5    Once of the planning concerns regarding this offer is that unless circumstances are sufficiently exceptional it could set a precedent as an alternative method for providing for affordable housing on other development schemes. It should be remembered that the paramount need in terms of affordable housing is rented accommodation. However, I am satisfied that the circumstances of this particular site in terms of viability are such that they provide a justification for an exception for the reasons outlined above.

 

7.       Conclusion and Justification for Recommendation

 

Having given due regard an appropriate weight to the matters discussed in the evaluation section your officers are satisfied that this revised proposal is acceptable and does justice to this visually prominent site the regeneration of which is important to the Isle of Wight generally and Newport in particular. The issues of scale and design are considered to be appropriate although it is acceptable that concerns still remain regarding these issues. The input of the Council’s Conservation and Design Team and English Heritage has assisted in introducing improvements to the scheme and having now achieved a satisfactory affordable housing package conducive to the circumstances of the site and I recommend both applications for conditional approval

 

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/Reasons: 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 IW 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: In the interest of highway safety and to comply with Policy TR7 (Highway Considerations) of the IW 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 IW 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 IW 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 IW 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.

 

8

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.

 

9

The development hereby permitted shall not be brought into use until the windows, doors, bay window surrounds, moulded string course have been constructed in accordance with the details shown on Drawing No. 02270L (20) 2046 .

 

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.

 

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.

 

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 IW 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 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.

 

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 IW 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 IW 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 IW 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 IW 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 IW 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 IW Unitary Development Plan.

 

Conditions/Reasons – P/00884/03 – TCP/24809/F

 

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 IW 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 IW 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 IW 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 IW 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 IW 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 IW 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 IW 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 IW 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 I W 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, moulded string course have been constructed in accordance with the details shown on Drawing No. 02270L (20) 2046 .

 

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.

 

 

 

ANDREW ASHCROFT

Head of Planning Services