Development Control Sub Committee Minutes

(Cllr Muriel Miller in the Chair)

Members of the Development Control Sub Committee expressed their condolences to the family of Mr Cliff Huggins, who had been an Isle of Wight Councillor between May 1998 and May 2001.

1. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 9 May 2006 be confirmed subject to the addition to Minute 58 (a) 3 – 15/17 St James Street, Newport that Members believed S106 Agreements should be sorted out before an application was brought to the Committee for consideration and not afterwards.

2. TCP/22460/L – MEDINA HIGH SCHOOL, FAIRLEE ROAD, NEWPORT

Members of the Committee thanked Mr Andrew Pegram, Development Control Manager for writing a letter on their behalf in connection with the planning application relating to Medina High School. No response had so far been received.

3. ELECTION OF VICE CHAIRMAN

As Cllr Miller had been one of the nominee’s for the Vice Chairman of the Development Control Sub Committee, she vacated the Chair.

It was proposed and seconded that Cllr Charles Chapman take the Chair for the Election of Vice Chairman. There being no further nominations and following a vote by a show of hands it was :

RESOLVED :

THAT Cllr Charles Chapman take the Chair for the Election of Vice Chairman.

The names of Cllr Muriel Miller and Cllr Susan Scoccia were both separately moved and seconded as Vice Chairman of the Development Control Sub Committee. Following a vote by secret ballot in accordance with Procedure Rule 18 (4), it was :

RESOLVED :

THAT Cllr Susan Scoccia be elected Vice Chairman for the ensuing year.

Cllr Charles Chapman vacated the Chair and Cllr Susan Scoccia took the Chair.

Cllr Susan Scoccia thanked both Cllrs Arthur Taylor and Muriel Miller for their help in steering the Committee through its first year. The Committee also sent their best wishes to Cllr Ivan Bulwer.

4. DECLARATIONS OF INTEREST

Interests were declared in the following matters:

Cllrs Mike Cunningham and David Whittaker - declared a personal interest in Minute 4 (a) 1 – 41 Lugley Street, Newport as they were on Newport Town Management Committee.

Cllrs Mike Cunningham and David Whittaker - declared a personal interest in Minute 4 (a) 2 – Land adjoining 5 Partridge Road, Newport as they were on Newport Town Management Committee.

Cllrs Henry Adams, Charles Chapman, Muriel Miller, Ian Stephens, Arthur Taylor and David Whittaker - declared a personal interest in Minute 4 (a) 4 - 6 Union Road, Cowes as they knew the person speaking on behalf of the applicant.

Cllrs Muriel Miller and Arthur Taylor – declared a personal interest in Minute 4 (a) 6 – Land rear of 10 Broadstone Crescent, Brading as they knew the applicant.

Cllr George Cameron – declared a personal and prejudicial interest in Minute 4 (a) 7 – Tennis Courts east of car park, Moa Place, Freshwater as he was a member of Freshwater Parish Council.

5. REPORT OF THE HEAD OF PLANNING SERVICES

(a) Planning Applications and Related Matters

Consideration was given to items 1 - 7 of the report of the Head of Planning Services.

RESOLVED :

THAT the applications be determined as detailed below :

The reasons for the resolutions made in accordance with Officer recommendation were given in the Planning report. Where resolutions are made contrary to Officer recommendation the reasons for doing so are contained in the minutes.

A schedule of additional representations received after the printing of the report were submitted at the beginning of the meeting and were drawn to the attention of Members when considering the application. A note is made to that effect in the minutes.

Application:	TCP/23641/C
Details:	Demolition of existing building and development of a 3 and 4 storey (64 bedrooms) hotel. 41, Lugley Street, Newport.
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 5 June 2006.
Public Participants:	Mr Les Pink (Applicant)
Additional Representations:	Comments and additional conditions from Highways. Southern Water had confirmed they had agreed connection to the system and had not objected to the proposal.
Comment:	Members indicated that they would prefer any windows to be of the sash window type and were not happy with the exterior design of the building preferring brick or stonework rather than render and paintwork. Additional information was requested with regard to the drainage capacity on site. There was also some discussion with regard to pedestrian movement within the area.
Decision:	The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved: THAT the application be deferred for negotiations with regard to the street scene and exterior design.
Conditions:	(Item 1)
Application:	(Cllr Julian Whittaker declared a personal and prejudicial interest in this item and left the room) TCP/27637
Details:	Conversion of dwelling into two flats to include ground floor rear extension (revised plans). 6 Union Road, Cowes.
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 5 June 2006.
Public Participants:	Mr Morris Barton (On behalf of the applicant)
Additional Representations:	An e mail had been received from the applicant confirming the subdivision of the rear garden if required.
Comment:	The Local Member, Cllr Alan Wells, spoke on this item.
Decision:	The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved: Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions:	New condition (5) which required the sub division of the rear garden area with the section furthest away from the building to be allocated to the flat occupying the first and second floors with access to be obtained down the side and through a new gateway. As per report (Item 4)
Application:	(During the debate Cllr Julian Whittaker declared a personal and prejudicial interest in this item and left the room). TCP/12426/G
Details:	Change of use of ground floor to adult gaming centre. 15 High Street, Ventnor.
Site Visit:	None.
Public Participants:	Mr David Peckitt (Applicant)
Additional Representations:	Comments from the Community Safety Officer regarding an age restriction and sale of alcohol were read out. Environmental Health Officer requested conditions relating to opening hours and sound installation scheme.
Comment:	Members were unhappy that the protocol that had recently been agreed with Community Safety, whereby comments would be received in respect of planning applications, had been breached.
Decision:	The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved: Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions:	Additional condition as follows : 6. A scheme for the sound installation of the premises to prevent/reduce the omissions of noise created by the permitted use shall be submitted and agreed with the Local Planning Authority before the use is commenced. The provisions of this scheme shall include physical controls, operational restrictions and administrative controls, where appropriate. The scheme shall included proposals for ensuring that the guideline level set out in BS8233 1999 for residential accommodation are complied with, that all necessary works are supervised by a competent person (a competent person may be contacted through the “the Association of Noise consultants” 6 Trap Road, Guilden, Morden, Nr Royston, Herts SG8 0JE, telephone 01763 852958) and that upon completion of all the works, testing is carried out and report submitted to the Local Planning Authority to verify the schemes effectiveness. The scheme approved by the Local Planning Authority should be fully implemented in accordance with the approved details before the use, the subject of this consent, commences. The scheme and any required works shall thereafter be maintained in accordance with the approved details. No alterations to the structure, roof, doors, windows or external facades shall be undertaken where the prior written approval of the Local Planning Authority. Reason: To prevent annoyance and disturbance from noise emissions from the premises and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan. As per report (Item 5)
Application:	TCP/27695
Details:	Chalet bungalow with access off Coach Lane and parking/turning area. Land rear of, 10 Broadstone Crescent, Brading.
Site Visit:	None.
Public Participants:	Mr Richard Bond (Applicant)
Additional Representations:	Brading Town Council objected to the application. Two letters of objection from neighbouring properties had been received.
Comment:	The Local Member, Cllr Patrick Joyce, spoke on this item.
Decision:	The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved: Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions:	As per report (Item 6)
Application:	TCP/24431/A
Details:	Relocation of skate park into adjoining tennis court and enlargement of existing skate park to create multi-use games area with floodlighting. Tennis courts east of car park, Moa Place, Freshwater.
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 5 June 2006.
Public Participants:	Mrs Carole Rikard (Objector) Mr Simon Craddock (Agent)
Additional Representations:	Two letters of objection had been received. Comments from the Community Safety Officer were read out.
Comment:	There was some discussion with regard to the siting of the multi-use games area (MUGA) and skateboard park. Members believed it would be better to reverse the proposed arrangement which would leave the skateboard park where it was and put the MUGA with the floodlight on the currently disused tennis courts. Further consideration of the operating hours and a more detailed and measured comment with regard to the issue of crime and disorder was requested. The objector should be invited to contribute to the discussions.
Decision:	The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved: THAT the application be deferred for negotiations with regard to the siting of the MUGA and skateboard park.
Conditions:	As per report (Item 7)
Application:	TCP/25365/B
Details:	Renewal: Outline for construction of end of terrace house with parking. Land adjoining, 5 Partridge Road, Newport.
Site Visit:	None.
Public Participants:	None.
Additional Representations:	An e mail had been received from the applicant expressing concern with regard to condition 5. Proposed conditions from the Local Member were given consideration.
Comment:	Condition 5 would be revised using a condition that had been accepted and used by a Planning Inspector on a recent application in the locality.
Decision:	The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved: Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions:	Condition 5 to be amended to read as follows : 5. No development shall take place until a detailed scheme, including calculations and capacity studies, have been submitted to and approved in writing by the Local Planning Authority indicating the means of foul and surface water disposal, such agreed foul and surface water disposal system shall indicate connections and points on the system where adequate capacity exists and shall provide for attenuation measures to ensure that any additional flows do not cause flooding or overloading of the existing system. No dwelling shall be occupied until such agreed systems have been implemented and completed. Condition 3 to be amended to read as follows : 3. No structure, natural growth or means of enclosure exceeding one metre in height above the existing road level shall be placed or permitted on the site boundary fronting the highway. As per report (Item 2)
Application:	TCP/27357/A
Details:	Demolition of bungalow; replacement with 2 detached houses with integral garages; vehicular access, (revised scheme). 32 Fishbourne Lane, Ryde.
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 5 June 2006.
Public Participants:	None.
Additional Representations:	None.
Comment:	None.
Decision:	The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved: Refusal of planning permission, for the reasons set out in the Part II Register.
Reasons:	As per report (Item 3)

(b) Planning Enforcement Quarterly Report

The Committee was advised that the enforcement function had been split and now fell within the East and West Area Teams. It was intended to continue reporting the figures on an Island wide basis.

It was also noted that powers came into force in March 2005 which amended the Town and Country Planning Act 1990. This enabled the Local Planning Authority to serve a Temporary Stop Notice against a breach of planning control where it was considered necessary to safeguard the amenity of the area and that the use/activity should stop immediately. A notice could also be served where a developer failed to comply with a planning condition.

RESOLVED :

THAT the report be noted.

6. MEMBERS' QUESTION TIME

Cllr David Whittaker asked a question in relation to S 106 Agreements (MQ 15/06). A copy of the question and reply given is contained in the Members’ Question Register.

Cllr Muriel Miller asked a question in relation to the application for Brading Golf Club being brought back to the Committee before the end of 2006 - It was likely a consultant would be engaged to assess the situation.

Cllr William Burt asked if interest could be charged on outstanding S 106 Agreements and was advised only if it was specified in the original document.

Cllr David Whittaker asked if rather than having a S 106 Agreement would it not be better to have a S 106 Agreement through a roof tax which would ensure the money would come in – There would still need to be a decision as to where the money went.

Cllr Arthur Taylor asked if there was a time limit when S 106 monies could no longer be recovered - Clauses were sometimes put in whereby the developer would have the right to take money back.

CHAIRMAN