PAPER B

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL SUB COMMITTEE

TUESDAY, 6 JUNE 2006

REPORT OF THE HEAD OF PLANNING SERVICES

WARNING

1. THE RECOMMENDATIONS CONTAINED IN THIS REPORT OTHER THAN PART 1 SCHEDULE AND DECISIONS ARE DISCLOSED FOR INFORMATION PURPOSES ONLY.

2. THE RECOMMENDATIONS WILL BE CONSIDERED ON THE DATE INDICATED ABOVE IN THE FIRST INSTANCE. (In some circumstances, consideration of an item may be deferred to a later meeting).

3. THE RECOMMENDATIONS MAY OR MAY NOT BE ACCEPTED BY THE DEVELOPMENT CONTROL COMMITTEE AND MAY BE SUBJECT TO ALTERATION IN THE LIGHT OF FURTHER INFORMATION RECEIVED BY THE OFFICERS AND PRESENTED TO MEMBERS AT MEETINGS.

4. YOU ARE ADVISED TO CHECK WITH THE DIRECTORATE OF ENVIRONMENT SERVICES (TEL: 821000) AS TO WHETHER OR NOT A DECISION HAS BEEN TAKEN ON ANY ITEM BEFORE YOU TAKE ANY ACTION ON ANY OF THE RECOMMENDATIONS CONTAINED IN THIS REPORT.

5. THE COUNCIL CANNOT ACCEPT ANY RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ACTION TAKEN BY ANY PERSON ON ANY OF THE RECOMMENDATIONS.

Background Papers

The various documents, letters and other correspondence referred to in the Report in respect of each planning application or other item of business.

Members are advised that every application on this report has been considered against a background of the implications of the Crime and Disorder Act 1998 and, where necessary, consultations have taken place with the Crime and Disorder Facilitator and Architectural Liaison Officer. Any responses received prior to publication are featured in the report under the heading Representations.

Members are advised that every application on this report has been considered against a background of the implications of the Human Rights Act 1998 and, following advice from the Head of Legal and Democratic Services, in recognition of a duty to give reasons for a decision, each report will include a section explaining and giving a justification for the recommendation.

LIST OF PLANNING APPLICATIONS ON REPORT TO COMMITTEE –

06 JUNE 2006

1.	P/00676/06 TCP/23641/C	Newport	Conditional Permission
	41, Lugley Street, Newport, PO30 Demolition of existing building & development of a 3 & 4 storey (66 bedrooms) hotel
2.	P/00539/06 TCP/25365/B	Newport	Conditional Permission
	land adjoining, 5 Partridge Road, Newport, PO30 Renewal: Outline for construction of end of terrace house with parking
3.	P/00598/06 TCP/27357/A	Ryde	Refusal
	32 Fishbourne Lane Demolition of bungalow; replacement with 2 detached houses with integral garages; vehicular access (revised scheme)
4.	P/00784/06 TCP/27637	Cowes	Conditional Permission
	6 Union Road, Cowes, PO317TP Conversion of dwelling into two flats to include ground floor rear extension (revised plans)
5.	P/00899/06 TCP/12426/G	Ventnor	Conditional Permission
	15 High Street, Ventnor, PO381RZ Change of use of ground floor to adult gaming centre
6.	P/01013/06 TCP/27695	Brading	Conditional Permission
	land rear of, 10 Broadstone Crescent, Brading, Sandown, PO360AX Chalet bungalow with access off Coach Lane and parking/turning area
7.	P/01112/06 TCP/24431/A	Freshwater	Conditional Permission
	tennis courts, east of, car park, Moa Place, Freshwater, PO40 Relocation of skate park into adjoining tennis court & enlargement of existing skate park to create multi-use games area with floodlighting

1.

Reference Number: P/00676/06 - TCP/23641/C Parish/Name: Newport - Ward/Name: Newport North Registration Date: 29/03/2006 - Full Planning Permission Officer: Miss S Wilkinson Tel: (01983) 823552 Applicant: CHG Holdings Ltd Demolition of existing building & development of a 3 & 4 storey (66 bedrooms) hotel 41, Lugley Street, Newport, PO30 The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This is a major application of Island wide significance.

1. Details of Application

1.1 The application seeks consent for the demolition of existing building and development of a three and four storey, 64 bedroomed hotel.

1.2 The proposed development is a no parking scheme due to the town centre location and close proximity of transport networks. Additionally, well as the proposal is for a ‘Travel Lodge’ style hotel it has been proposed to make use of the car park almost opposite the site within Lugley Street.

1.3 The site comprises a total of 64 bedrooms comprising 39 family bedrooms, 3 double, 18 shower and 4 accessible rooms as well as providing a small bar servery and buffet area on ground floor.

1.4 The proposal has been submitted following a refusal of a previous scheme. A number of discussions have been undertaken in order to achieve the current scheme now providing a development of comparative height to neighbouring properties with a central projecting feature providing accommodation in the roof space as is characteristic of conservation areas.

1.5 The proposal make effective use of available space by providing a ‘U’ shaped building with enclosed courtyard landscaping area to the rear.

2. Location and Site Characteristics

2.1 The site is approximately 0.0932 hectares located on the south side of Lugley Street where it joins Mill Street and is the site of the former cinema.

2.2 The building currently on site is a two storey flat roofed derelict building which occupies the entire area of the site and makes no contribution to the conservation area within which it is located.

2.3 The area is of mixed appearance with a combination of terraced properties, the detached Lugley House, Lugley Street car park and the rear of the Post Office. To the east of the site there are a number of restaurants and residential properties with the west moving predominantly to residential as Lugley Street turns into Hearn Street. A number of listed buildings surround the site fronting both Lugley Street and High Street.

2.4 The streetscene is however characterised by 2/3 storey buildings of early 19^th century cottages and late Victorian terraced style, of mainly brick construction with slate roofs.

3. Relevant History

3.1 P/01014/00 – TCP/23641 – an application for alterations to shop front (High Street elevation) alterations to rear elevation (fronting Lugley Street) single storey extension to link the shop to warehouse; change of use of warehouse to retail was refused in May 2001 on the grounds of design and proposed materials having a detrimental impact on the character and amenities of the conservation area.

3.2 P/02112/05 – TCP/23641/B – an application for the demolition of the existing building and development of a three and four storey (70 bedroomed) hotel was refused in January 2006 for reasons of over development and detrimental impact on the surrounding listed buildings.

4. Development Plan Policy

4.1 National Policy Guidance

· PPS6 – Planning & Town Centres

· PPG13 – Transport is applicable

· PPG15 – Planning and the Historic Environment relates directly to the demolition and replacement of building within the conservation area.

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

· S1 - New development will be concentrated within existing urban areas

· S2 - Development will be encouraged on land which has previously been developed

· S3 – All development will be expected to be of a high standard of design

· S3 – New development of a large scale will be expected to be located in or adjacent to defined envelopes

· S11 – Reducing reliance on the private car

4.3 The following Development Plan Policies are applicable:

· G1 - Development Envelopes

· G4 - General Locational Criteria

· D1 - Standards of Design

· D2 - Standards for Development within the Site

· D3 – Landscaping

· D11 – Crime and Design

· B2 - Settings of Listed Buildings

· B6 - Protection and Enhancement of Conservation Areas

· B7 – Demolition of non-listed buildings

· T1 - The Promotion of Tourism and the Extension of the Season

· T3 – Criteria for the development of hotel accommodation

· P1 – Pollution and Development

· TR3 – Locating development to minimise the need to Travel

· TR4 – Transport Statement requirements for major developments

· TR6 – Cycling and Walking

· TR7 - Highway Considerations for New Development

· TR16 - Parking Policies and Guidelines

· U11 - Infrastructure and Services Provision

5. Consultee and Third Party Comments

5.1 Internal Consultees

· Conservation and Design Team have been instrumental in the negotiations undertaken to come to the revised scheme in front of Members and request conditions be placed on the application if approved to do with detailing, colours and finishes.

· Head of Tourism Services fully supports the application stating that it is entirely consistent with the findings of the Tourism Development Plan – Working for a Smarter, Sustainable Future completed in January 2006.

· The Council’s Crime Prevention and Design Advisor has no objections to the planning application.

5.2 Others

· One letter of objection has been received objecting on grounds of the development being out of character with the area, a burden on the drainage system, noise and disturbance to the residents of neighbouring properties and the access road not being designed for high level of traffic.

6. Evaluation

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

· Suitability of the use in this location

· Impact on the character of the area

· Impact of the development on residential premises

· Suitability of access road

· Drainage

· Suitability of the use in this location

6.2 The use as a hotel is appropriate in a town centre location. As such the principle of this proposal fully complies with the requirements of national guidance outlined in PPS6 – Planning and Town Centres. PPS6 identifies town centres as the most accessible location for refusal, leisure, office and tourism uses, including hotels.

6.3 Impact on the character of the area

The proposed development is located within the Conservation Area and extensive discussions took place between the applicant/agent and the Conservation and Design Team to produce a proposal that would receive their support. The massing of the building has been significantly reduced from the scheme originally submitted and refused at the beginning of this year. A whole storey has been removed from the element on the corner of Mill Street with the four storey element now being provided within the roof space with the provision of dormer windows, as well as a gable element that provides a design feature over at the entrance to the building. The corner element is now of a comparative height to the building recently constructed on the opposite side of Mill Street. The decrease in height of this element has in turn reduced the impact on the surrounding listed buildings, as the proposal would not protrude significantly above the height of the listed Castle Inn, which fronts High Street.

6.4 The four storey element of the proposal is at the centre of the scheme both being in keeping with the changing heights of buildings that characterises Conservation Areas and now being opposite a break in the street scene so as not to dominant or shadow any three storey building on the opposite side of Lugley Street.

6.5 The window proportions of the development have been altered to be more in keeping with the building proportions and the character of the surrounding area, with vertical emphasis.

6.6 The building has been designed as a number of separate appearing elements with breaks in the roof and building line in order to retain the character of Newport, which is generally terrace style buildings with vertical emphasis rather than large blocks. The proposal respects the character of the area and makes good use of an existing under utilized Brownfield site.

6.7 Impact of the development on residential premises

The building has a residential property opposite the Mill Street elevation however due to the intercepting road and the proximities involved not being uncharacteristic of many roads in Newport there is not considered to be an overlooking issue in this instance. The other neighbouring property is separated from the site by an access to the rear of the building known as Red House Spa that fronts High Street. Additionally the building is subject of an application for the redevelopment of the rear of Post Office. On investigation of the plans, there would appear to be no overlooking created that would cause concern in respect of impacting on the redevelopment of the neighbouring site for residential purposes. The rear service yard will be overlooked but due to the use with any overlooking being from bedrooms that would not be occupied during the day, this is not considered to be of significant impact.

6.8 Concern has been raised by an objector, on the grounds of disturbance and noise from the use to nearby residential premises. It is not considered that a hotel use would create any additional disturbance than residential flats, which would be an alternative use in this location. The site is located within the town centre of Newport; it is not considered that any disturbance from this use would be above that already experienced in this location.

6.9 Suitability of the road

Lugley Street is one of the main through roads in Newport and is one way with parking only on one side with continuous footway. These factors make it safe for pedestrians and control the speed of traffic. The development is a no parking scheme with overnighters being encouraged to use one of the two car parks along Lugley Street. The road is of adequate width and construction to take any additional traffic created by the development. Additionally the proposal has been submitted with a travel plan that sees other forms of transport to access the site, which are possible due to its town centre location.

6.10 The Traffic Transportation Manager has confirmed the suitability and capacity of Lugley Street Car Park for the guest parking and has requested that, due to the increased usage in hours of darkness, suitable lighting and security in the form of CCTV is provided. This has been conditioned accordingly.

6.11 Drainage

Comments have been received from Southern Water who confirm they would not object to the scheme if the net flow of drainage into the system is not increased above that of the sites previous use. Although it is accepted that the hotel will have an increase discharge, it has been suggested by Southern Water that if the surface water is attenuated to ensure the net flow is controlled and in these circumstances they would not object. Therefore it is proposed to place a condition on the application if members were minded to approve ensuring that the net flow rate is controlled and surface water is not released into the system unless there is capacity to do so or an alternative disposal of surface water is put in place, i.e. grey water system. Additional discussions are taking place between Officers, the agent and Southern Water and additional information will be presented to the committee.

7. Justification for Recommendation

7.1 Having due regard and appropriate weight to all material considerations referred to in this report, it is considered the proposal has overcome the previous reasons for refusal. Representing a scheme that makes good use of a Brownfield site, while providing much needed hotel accommodation into the centre of Newport. The design respects the grain and style of development making a positive contribution to the character of the Conservation Area.

8. Recommendation

Conditional Permission.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	Notwithstanding the details on the plans and application forms attached to and forming part of this decision notice no development shall take place until sample of materials to be used in the construction of the external surfaces of the development hereby permitted and a schedule of all detailing including mortar colour has been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details and retained as such thereafter. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
3	Development permitted by this planning permission shall not be initiated by the undertaking of material operations as defined in Section 56 (4) a-d of the Town and Country Planning Act 1990 in relation to the development until planning obligations pursuant to Section 106 of the said Act relating to the land has been made and lodged with the Local Planning Authority and the Local Planning Authority has been notified by the person submitting the same that it is to the Local Planning Authority’s approval. The said Planning Obligation will make provision for lighting and CCTV within Lugley Street Car Park. Reason: In the interest of safety for these hotel residence using the car park during hours of darkness in accordance with policy D11 (Crime and Design) of the IW Unitary Development Plan.
4	No development shall take place until a detailed scheme (including calculations of capacity studies) for foul and surface water drainage from the site have been submitted to and agreed with the Local Planning Authority in writing. Any such agreed foul and surface water disposal system shall indicate connections at points on the system where adequate capacity exists to ensure any additional flow should not cause flooding or over load the existing system, if necessary on alternative system for the disposal of surface water shall be submitted to and approved in writing by the LPA. Reason: To ensure an adequate system of foul and surface water drainage is provided for the development incompliance with Policy U11 (Infrastructure and Services Provision) of the IW Unitary Development Plan.
5	All construction traffic related to the approved development shall deliver, load and un-load at set times and locations, and to follow a set route, all of which are to be agreed in writing with the Local Planning Authority prior to work commencing on site. Reason: In the interests of highway safety and to comply with policies TR7 (Highway Considerations) of the IW Unitary Development Plan.
6	Details of any means of extraction and filtration system to be used shall be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure any system does not have a detrimental impact on the design of the building or amenities of neighbouring properties in accordance with policy D1 (Standards of Design) and P5 (Reducing the Impact of Noise) of the IW Unitary Development Plan.

2.

Reference Number: P/00539/06 - TCP/25365/B Parish/Name: Newport - Ward/Name: Parkhurst Registration Date: 09/03/2006 - Outline Planning Permission Officer: Miss L Frood Tel: (01983) 823552 Applicant: Lambournes Chartered Surveyors Renewal: Outline for construction of end of terrace house with parking land adjoining, 5 Partridge Road, Newport, PO30 The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

Councillor Garry Price has requested the application is considered by the Development Control Committee for the following reasons:

This development will contribute to overloading at the Prior Crescent, Dodnor Lane and Fairlee pumping stations.

Application is planned to be built upon a section of the Highway.

1 Details of Application

1.1 This is a renewal of an outline application with siting and access to be considered at this time.

1.2 The submitted plans show a three bed end of terrace dwelling, in materials to match the existing terrace. The proposal includes two parking spaces to the rear of the proposed dwelling, one allocated to the new dwelling and one to the existing dwelling no. 5 Partridge Road.

2. Location and Site Characteristics

2.1 5 Partridge Road is an end of terrace property situated on a residential development comprising of terraced and semi-detached properties. The terraced properties are clad with artificial stone with concrete interlocking roof tiles. The application site comprises of the land to the west of 5 Partridge Road which currently accommodates part of this properties rear garden, which is enclosed by 1.8m high fence and hard standing utilised by 5 Partridge Road.

3. Relevant History

3.1 P/00158/03 – TCP/25365 – Outline for construction of end of terrace house with parking – approved 8 April 2003.

3.2 P/01955/03 – TCP/25365/A - Construction of two storey building to form two flats; alterations to vehicular access and formation of parking areas – refused 13 November 2003.

4. Development Plan Policy

4.1 Relevant policies of the Isle of Wight Unitary Development Plan are considered to be as follows:

· G1 – Development Envelopes

· G4 – General Locational Criteria

· D1 – Standards of Design

· D2 – Standards for development within the site

· H4 – Unallocated residential development

· H5 – Infill development

· TR7 – Highway Considerations for New Development

· TR16 – Parking Policies and Guidelines

· U11 – Infrastructure and Services Provision

4.2 Relevant Supplementary Planning Guidance considered to be as follows:

· Isle of Wight SPG – Residential Infill

4.3 The application site is within the designated development boundary.

5. Consultee and Third Party Comments

5.1 Internal consultees

· Highway Engineer has no objection to the proposal and recommends approval with suggested conditions in relation to visibility lines, height of boundary treatment and no occupation of the building until vehicular access work has been carried out.

5.2 External consultees

· Southern Water Planning Engineer confirms that improvement works to the foul and surface water drainage system in the area have been completed and he therefore has no objection to the construction of a single dwelling at Partridge Road.

5.3 Town or Parish Council comments

Not Applicable

5.4 Neighbours

None received

6. Evaluation

The main issues relating to this application are:

· Policy

· Siting

· Access and parking

· Impact on adjoining and neighbouring dwellings

· Drainage Issues

6.2 Policy

The site is within the development envelope. There has not been any material change to the policy framework since the outline was first approved in 2003; therefore the principle of infill development is still acceptable.

6.3 Siting

The proposed dwelling is of a similar footprint to number 5 Partridge Road and the site is considered to be of a sufficient width to accommodate an end of terrace dwelling without detrimentally impacting on the character of the terraced row, or overall street scene. Although the proposed parking spaces for both properties will be to the rear of the new dwelling, the proposal is still considered to provide adequate rear garden space for the new dwelling whilst leaving an appropriate sized garden for no. 5.

6.4 Access and Parking

The Local Member raises concern that a lay-by similar to those seen else where on the estate has been lost along the western side of the site, stating the kerb stones have been realigned to enlarge the amenity space of no. 5 Partridge Road. There is no lay-by on the opposite side of the road, and no evidence has come to light to prove or disprove that the area was originally lay-by. However, in either case, as the access roads on this estate are un-adopted and the applicant claims ownership of the land, the highway department have no control over getting the lay-by reinstated even if the loss could be proved. It is acknowledged that the lay-bys have in the past provided a valuable source of parking, however it should be noted that a rising amount of occupants on the estate have instated hardstanding to the front of their properties for parking, which are now utilised instead. The concern over an approval setting a precedent for the development of other lay-bys on the estate is therefore not considered to sustain weight for a refusal. Each scheme must be looked at on a case by case basis. The highway engineer is satisfied with the parking arrangement with appropriate conditions, and the provision of parking for both properties to the rear of the new dwelling is considered acceptable.

6.5 Impact on adjoining and neighbouring dwellings

No. 5 Partridge Road will retain front and rear amenity spaces comparable to those of the surrounding terraced properties and parking will be provided for no. 5 to the rear of the proposed dwelling. Due to the site being an end of terrace plot with access roads to the north, south and west the proposed dwelling is not considered to result in an adverse impact to the amenity of the adjoining or neighbouring dwellings.

6.6 Drainage Issues

The local Member has raised concerns over the development contributing to overloading at the Prior Crescent, Dodnor Lane and Fairlee pumping stations and recommends refusal under Policies U11 (Infrastructure and Service Provision) and C7 (River Corridors and Estuaries). He requests that if members are minded to approve this application that the following conditions should be applied.

Firstly:

“No development should take place on this site until a detailed scheme for removal of surface water is submitted to and approved in writing by the Isle of Wight Council (Planning authority) prior to works within the site commencing.”

This is to ensure that an adequate system of surface water drainage is provided, protecting any existing streams in the area from additional flows from the proposed development, preventing an increase in flows to the overloaded public sewer and minimising the risk of flooding in compliance with policy U11 of the UDP.

Secondly:

“No development shall take place until a scheme has been approved ensuring that any increase in flow to the sewer does not increase the frequency and volume of storm overflows at any pumping station up or down the line from the connection to the proposed development. The scheme to be submitted in writing and approved by the Isle of Wight Council (Planning Authority) prior to works within the site commencing.”

This is to protect the River Medina Estuary, designated under EC directive for shellfish waters in compliance with Policy C7 of the UDP.

Thirdly:

“No development shall take place until a detailed scheme including calculation and capacity studies have been submitted to and agreed with the Isle of Wight Council ( Planning Authority) indicating the means of foul water disposal. Any such agreed foul water disposal system shall indicate connections at points where adequate capacity exists or shall provide for attenuation measures to ensure any additional flows do not cause flooding or overload the existing system. No dwelling shall be occupied until such agreed systems have been completed. “

This is to comply with Policy U11 of the UDP.

With respect to concerns of overloading of the Prior Crescent, Dodnor Lane and Fairlee pumping stations Southern Water has confirmed that improvement works to the foul and surface water drainage system in the area have been completed since the previous approval (P/00158/03) and they have no objection to the construction of a single dwelling at Partridge Road. In consideration of the improvements that have taken place to the local drainage systems the proposal is not considered would detrimentally impact on the local system.

The Local Member’s recommended conditions are currently under consideration. Clearly it would not be appropriate to impose a condition which effectively nullified any consent. Members will be advised at the meeting on whether these conditions or some alternative should or can be imposed.

7. Conclusion and Justification for Recommendation

There has been no change in policy since the previous approval (P/00158/03) and the foul and surface water drainage situation has actually improved since the time of the original application. The highway issue raised is not considered to sustain weight for refusal and it is therefore considered that the application is acceptable in accordance with policy and is therefore accordingly recommended for approval of the renewal of the previous consent.

Recommendation

Conditional Permission

Conditions/Reasons:

1	Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this planning permission. The development hereby permitted shall be begun before the expiration of 2 years from the date of approval of the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved. Reason: To comply with Section 92 of the Town and Country Planning Act 1990 (as amended) and to prevent the accumulation of unimplemented planning permissions.
2	Before any works or development hereby approved is commenced on site details relating to the design, external appearance of any building(s) to be erected and the landscaping of the site shall be submitted to, and approved by the Local Planning Authority. These details shall comprise the 'reserved matters' and shall be submitted within the time constraints referred to in condition 1 above before any development is commenced. Reason: To enable the Local Planning Authority to control the development in detail and to comply with Section 92 of the Town and Country Planning Act 1990 (as amended).
3	No structures or erection or natural growth, plants, shrubs, etc, exceeding one metre in height above existing road level shall be placed or permitted within the area of land as shown yellow on the plan attached to and forming part of this decision notice. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
4	The layout of the proposed development shall provide for parking spaces to a standard of one car space per dwelling in accordance with plans to be approved by the Local Planning Authority and such provision shall be retained. Reason: To ensure adequate off-street parking provision and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
5	No development shall take place until a scheme including capacity studies has been submitted to and agreed with the Local Planning Authority indicating means of foul and surface water disposal. Any such agreed scheme shall indicate connections at points on the system where adequate capacity exists. The dwelling shall not be occupied until any such agreed scheme has been completed. Reason: To ensure that adequate provision is made for drainage to the approved development and to comply with Policy U11 (Infrastructure and Services Provision) of the Isle of Wight Unitary Development Plan.

3.

Reference Number: P/00598/06 - TCP/27357/A Parish/Name: Fishbourne - Ward/Name: Binstead Registration Date: 17/03/2006 - Full Planning Permission Officer: Mr D Long Tel: (01983) 823552 Applicant: Mr S Shepheard Demolition of bungalow; replacement with 2 detached houses with integral garages; vehicular access, (revised scheme) 32 Fishbourne Lane, Ryde, PO334EZ The application is recommended for Refusal

REASON FOR COMMITTEE CONSIDERATION

This application has raised design issues which Members need to carefully consider.

1. Details of Application

1.1 This is a full application.

1.2 The proposal comprises of the demolition of an existing bungalow and replacement with two detached houses with integral garages and separate vehicular accesses.

1.3 Each house consists of 4/5 bedrooms, living and dinging room, kitchen, attached garage, 3 bathrooms, w.c and ancillary storage cupboards. Each house has the benefit of a 400 sq metre garden to the rear of the property. The houses are set 24 metres off the highway frontage (excluding the protruding garages).

2. Location and Site Characteristics

2.1 The site is located within the development boundary of Wootton as defined by the Unitary Development Plan.

2.2 Fishbourne Lane is typified by residential development of varying architectural styles and characters ranging from substantial detached dwellings to smaller bungalows. Each of the dwellings sit within their own defined curtilage, being of reasonable sizes. The dwellings are set off a highway frontage to give a distinct open character to this area.

2.3 The site in question slopes in east to west direction following the natural topography of the land. Therefore the general flow of building height slopes in the same direction having ridges stepped down with this natural line. The localised housing consists of bungalows, some of which have roof accommodation.

2.4 The site itself is 0.2 hectares currently consisting of an existing bungalow sitting within reasonably large curtilage. The boundaries of the site consist of a mixture of vegetation of varying heights and close boarded fencing at 1.5 metres in height.

3. Relevant History

3.1 P/02082/05 Demolition of bungalow; replacement with two detached dwellings; vehicular access. The application was refused for the following reasons:

· The proposal by reason of its design and external appearance would be an intrusive form of development adversely impacting on the visual amenities and prevailing pattern and character of development, and results in the built form of inadequate quality that fails to improve the character and quality of the area.

· The formation and use of an additional access to the adjoining highway at this point would add unduly to the hazards of highway users by virtue of generated activity detrimental to the free flow.

· The access is unsatisfactory to serve the proposed development by reason of unacceptable visibility.

4. Development Plan Policy

4.1 Planning Policy Statement 1 (Delivering Sustainable Development) indicates that all new development should be of a high standard of design.

PPG3 (Housing) advises that new housing should be well designed. Poor designs should be rejected particularly where such decisions are supported by clear plan policies and SPG.

4.2 The relevant Unitary Development Plan policies relevant to this determination are as follows:

· S1 – Development Within Existing Urban Centres

· S6 – High Standards of Design

· S7 – Meeting Housing Stock of Plan Period

· G1 – Development Envelopes for Towns

· G4 – General Locational Criteria

· D1 – Standards of Design

· D2 – Standards Within the Site

· H1 – New Development Within Main Island Towns

· H5 – Infill Development

· TR7 – Highway Considerations for New Development

· SPG – Residential Infill

5. Consultee and Third Party Comments

5.1 Internal Consultees

· The Highways Authority recommends conditional approval as the revised design has addressed all the previous concerns. The existing vehicular access to number 32 was situated hard up against the northern boundary of the site and was inadequate in terms of visibility due to the horizontal alignment of Fishbourne Lane. The previous application proposed to leave this access in its original location serving both dwellings. This resubmission has moved two separate accesses in a southern direction and has allowed for an improved visibility in comparison to the existing situation. This has secured an improvement to the existing access through its relocation. The engineer considers that although the splays to the north are still substandard it is deemed that given the improvements gained to the position of the existing access and the traffic generation from the site he is in a position to recommend conditional approval.

· The Conservation and Design Team comment that the size and design of the proposed buildings do not reflect to the context of the existing development which is predominantly bungalows or chalet bungalows in generous landscaped plots.

The proposed buildings would be of two storey design with prominent gabled roofs and garages set forward of the main buildings. Front gables are not considered to be characteristic of the immediate locality. The buildings would be substantial and of complex design and in close proximity to each other. The overall appearance would appear as a dense group of structures with little space for landscaping. This proposal is therefore considered incongruous and intrusive in this location.

5.2 External Consultees

There are no external consultee responses pertaining to this application.

5.3 Town and Parish Council Comments

No comments have been received upon this application.

5.4 Neighbours

There have been no letters of objection or support for this application.

6. Evaluation

6.1 The main issues relating to this application are:

· The principle of development

· Highway considerations

· The design of the dwellings

6.2 The site is located within the development boundary of Wootton and therefore the principle of redevelopment on this site is accepted. The site is of a reasonable size and can accommodate two detached dwellings subject to appropriate design, scale and mass. Members must note that the principle of development was accepted within the last application and therefore the determination upon this application primarily relates to design issues.

6.3 As noted by your Highways Engineer due to the improvements and relocation of the substandard access in a southerly direction and the insignificant intensification of land use it is deemed that on balance there would be no impact on highway safety and therefore the application should not be refused on this basis.

6.4 The original application (P/02082/05) is similar to that of the current proposal, but has included the submission of a photomontage. The design statement indicates that the two dimensional drawings do not give the visual interest that the photomontage does. The architect quotes to say that “There is a lot of interest which is created through the intersection of the three blocks which make up the houses, the roofscapes and the juxtaposition of the two buildings, all of which relate very closely to the context”. They are an “asymmetrically composed set of buildings with an appropriate scale, relating well in ridgeline with adjacent properties.” There is indication that the roofs have been designed to allow the eaves to relate to existing height of neighbouring properties in order to reduce the visual impact the construction may pose. Taking on board his recommendations within this section I draw Members attention to section 6.5 and 6.6 of the report which review the application from the Local Planning Authority’s perspective.

6.5 The proposed development for two substantial, two storey dwellings would appear intrusive and out of character with the prevailing pattern of development within the immediate locality, as noted in the comments from the Conservation and Design Team. The proposed buildings would be of a complex design with prominent gabled roofs and garages set forward of the buildings. There would be insufficient space between and around the buildings to allow for landscaping and overall on balance it is considered that the dwellings will not accord to advice within PPS1 (Delivering Sustainable Development) or policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

6.6 Although I accept the approach the architect has taken with regards to the design, whereby he has created difference within the street scene I am of the opinion that the overall scale and mass of this proposal is unacceptable. I would encourage a design to stand on its own merits creating individuality within a street scene. I do however raise concern over the creation of an identical pairing of this scale and mass within an immediate area characterised by smaller chalet bungalows. The design of these dwellings could work if scaled down, giving more space about the building. Creating two identical pairs gives a prominent mass and strong visual appearance within this locality. The architect should be encouraged to vary the design, creating two independent designed dwellings that sit comfortably within the street scene. I do not wish to hinder the architectural flair of the architect and would encourage high standards of design and character within his design but as the current application stands it should not be supported by Members for the reasons detailed above.

6.7 On the current plans I am concerned over two low level dormer windows which are in close proximity and facing no. 34 Fishbourne Lane. Revised plans have been received which overcome previous concerns regarding side facing first floor windows and potential overlooking.

7. Conclusion and Justification for Recommendation

7.1 Although Members will see that I accept the principle of development within this location for two detached dwellings, I raise concern over the collective scale, mass and external appearance of the dwellings within this location.

7.2 As noted within section 6.5 and 6.6 of this report I am concerned that the creation of an identical pairing in this location with prominent gabled features and protruding garages is not suitable and is contrary to policies contained within the Isle of Wight Unitary Development Plan. The architect should be encouraged to vary the design to create dwellings that sit on their own merit, individually designed to suit the prevailing pattern which is typified by a large mix of different characters. Although understanding the concept of the design and the way the architect has introduced a reasonable level of accommodation on this site this has created a scale and mass that on balance is deemed to be unacceptable for this area. I would however give comfort to the applicant that two detached dwellings can be accommodated on this site subject to improving the design and creating two individual houses standing on their own merits.

8. Recommendation

The application is recommended for refusal.

Conditions/Reasons:

1

The proposal, by reason of its design, external appearance, scale and mass would be an intrusive form of development adversely impacting on the visual amenities and prevailing pattern and character of development, and would result in a built form of inadequate quality that fails to improve the character and quality of the area. The proposal is therefore considered contrary to policies S6 (High Standards of Design), D1 (Standards of Design) and D2 (Standards of Development Within the Site) of the Isle of Wight Unitary Development Plan and advice contained within Planning Policy Statement 1 (Delivering Sustainable Development).

4.

Reference Number: P/00784/06 - TCP/27637 Parish/Name: Cowes - Ward/Name: Cowes Castle East Registration Date: 28/03/2006 - Full Planning Permission Officer: Miss L Frood Tel: (01983) 823552 Applicant: CADdelta Architectural Services Ltd Conversion of dwelling into two flats to include ground floor rear extension (revised plans) 6 Union Road, Cowes, PO317TP The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The local Member, Councillor Alan Wells has requested the application is considered by the Development control Committee for the following reasons:

1. There is strong local opposition for altering the existing family house into flats especially where there is an abundant supply of new build smaller accommodation units (1 and 2 bed flats) locally. It would set an unhealthy precedent in a very attractive area of the old town area of Cowes.

2. The amenity area of no. 6 Union Road is already at absolute capacity. To split this to serve two dwellings makes it, in my view, unsustainable.

3. The pressures on parking considerations and access into a narrow street is doubled up by allowing this proposal.

4. The invasion of privacy into the neighboring property, which uses a side front door, is I believe unacceptable. Whilst I appreciate that the proposed access path will be lower, the neighbouring property has a glazed front (side) door and a large window alongside which would allow residents of the two proposed flats to look right into their living area.

5. The Town Council are not supporting this application and I believe that their detailed local knowledge should be respected in this instance.

1. Details of Application

1.1 This is a full application.

1.2 The proposal comprises the conversion of a dwelling into two flats including a single storey extension to the rear of the property.

1.3 Unit 1 will consist of a one bedroom flat utilizing the ground floor living accommodation, enlarged through the construction of a single storey extension to the rear and conversion of the existing integral garage. This unit will be accessed from a new front door located in the side elevation of the property and will retain access to the rear garden of the property. Unit 2 will comprise of a two bedroom flat occupying the first and second floors accessed from the existing front door. It is not intended for unit 2 to have access to any of the rear amenity garden area.

1.4 The existing planted area to the front of the property is proposed to be removed to enlarge the hardstanding area that presently exists outside the garage door. This will provide two parking spaces and access to a side gate accessing a bin storage area for both units and the entrance to unit 1. One parking space is allocated to each unit.

2. Location and Site Characteristics

2.1 The site is situated on the western side of Union Road in proximity to where the road forks into Sun Hill and Market Hill. Number 6 is the southern most of a modern block of three x 3 storey properties that form a short terrace.

2.2 The middle unit in the terrace (No. 4 Union Road) is a residential dwelling. No.6 Union road has a right of access to the rear garden along the path which runs directly alongside the northeast elevation of no. 8 Union Road. Although this property has a door on the street frontage information has been put forward that the occupant’s use the side door as the main access. There is a small window alongside the door helping to illuminate what is now the middle of the house with a single storey extension having been added on the rear. No 4 also shares this path which provides access to its rear garden.

2.3 No. 2 Union Road has recently been granted planning permission for change of use from dwelling. To be used as the temporary base for a small office business.

2.4 The area is predominantly residential in character with occasional business premises.

3. Relevant History

3.1 No relevant planning history.

4. Development Plan Policy

4.1 National Policy Guidance

Relevant policies of the Isle of Wight Unitary Development Plan are considered to be as follows:

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

· G1 - Development Envelopes

· G4 - General Locational Criteria

· G10 – Existing surrounding Uses

· D1 - Standards of Design

· D2 - Standards for Development within the Site

· D6 – Alterations and Extensions to non Listed Buildings in Conservation Areas

· H7 - Extensions and Alterations

· TR7 - Highway Considerations for New Development

· TR16 - Parking Policies and Guidelines

4.2 The application site is within the designated development envelope and within the Cowes Conservation Area.

5. Consultee and Third Party Comments

5.1 Internal Consultees

· Highway Engineer raised the issue that as proposed the parking of vehicles to the front of the property would block the entrance gate to unit 1, this issue has been addressed through the submission of revised plans, the Highway Engineer therefore recommends approval based on the revised plans with a condition relating to the layout of parking spaces.

· Conservation and Design Officer raises no objection to the rear extension and comments that the infilling of the garage door could be set back to minimise the difference in materials and the proposed window on the front elevation appears out of proportion.

Environmental Health has no adverse comments in respect of the application, however advises to liaise with Building Control with regard to sound insulation.

5.2 External Consultees

None consulted.

5.3 Town and Parish Council Comments

Cowes Town Council objects to the application on the grounds of overdevelopment and total lack of amenity space.

5.4 Neighbours

Four third party representations have been received objecting to the proposal for the following reasons:

· Conversion will result into two extremely small living units and the loss of a family house, which there are a lack of in Cowes.

· Property is located on a much used town road, in proximity to a fork in the road, the parking to the front of the property barely accommodates two cars which would have to back out into the main flow of the road with limited visibility around the separate house next door into the road which has two way traffic.

· Extension and balcony to rear of property presents a loss of light and privacy to no. 4 Union Road.

· Proposal presents a reduction in parking space and presumably an increase in traffic.

· Proposed front door to unit 1 will invade privacy of living room window of no.8 Union Road should people be waiting outside the flat entrance.

· Ownership of land to front of property questioned.

· Having a car parked at the end of a steep pathway will make entrance to no. 8 Union Road and new flat very narrow and dangerous; more cars in this conservation area increases pollution, noise and traffic.

· Concerns on safety as traffic travels down Union Road at a high speed than the road is designed for, particularly lorries.

· The car parking area is in a slight blind spot, particularly when cars parked nose in first.

· Two cars parked will interfere with access to no. 8 Union Road.

· When a house is turned into flats, there are more occupants in the premises, flats attract younger occupants, and this leads to noise particularly during unsocial hours.

· Two flats in a building use more resources than a house, including water, drainage, waste, energy, Council resources, satellite dishes and therefore an environment impact assessment should be carried out.

6. Evaluation

6.1 The main issues relating to this application are:

· Impact on adjoining dwellings.

· Impact on character of surrounding area.

· Whether subdivision creates 2 flats with adequate level of amenity for future occupants.

· Highway issues.

6.2 Impact on adjoining dwellings

· The use of a property as two flats in comparison to one dwelling is not considered to present adverse disamenity to either the adjoining or adjacent dwelling. Due to ground level changes between no. 8 and no. 6 Union Road, the pathway and the new side entrance to unit 1 is at a lower ground level to no. 8 Union Road. Members should also note the existing shared use of the path alongside no. 8. It is therefore considered that with appropriate boundary treatment, comings and goings from this entrance would not present loss of privacy to the living room window of no. 8 Union Road.

· At the depth proposed the single storey extension to the rear of the property is not considered to adversely impact on the amenity of the neighbouring property occupier. The initial scheme presented a balcony to the rear of the property over the single storey extension; revised plans have deleted the balcony due to concerns of overlooking and loss of privacy to the adjoining property.

6.3 Impact on the character of the surrounding area.

· The adjoining terraced property no. 4 Union Road has also had the garage door removed and replaced with a window, which is considered to have had limited impact on the character of the street. The similar proposal to no. 6 is therefore considered acceptable. The rear extension will not be highly visible from any public vantage point and the Conservation Officer is satisfied that it would not significantly affect the character or appearance of the Conservation Area. The loss of the planted flower bed to the front of the property and new gated access to the side entrance is also considered to present limited impact to the visual amenity of the area. Revised plans have addressed the proportion of the window on the front elevation to match those existing.

6.4 It is not considered that the loss of a single dwelling and the introduction of two flats causes harm to the character of the area. A mix of property types and accommodation levels is considered beneficial providing greater opportunities for individuals to enter the property market.

6.5 Whether the subdivision, creates 2 flats with an adequate level of amenity for future occupants.

· The size of unit 1 is considered adequate for a one bedroom flat, with sufficient outdoor amenity space provided by the rear garden. The flat also benefits from a refuse storage space and one parking space. It is acknowledged that under the revised plans Unit 2 lacks an external amenity area; however as explained above the originally proposed balcony that was to fulfil this function was seen to be detrimental to the privacy of the neighbouring properties and is therefore unacceptable. The subdivision of the rear garden was considered, inappropriate, as the only access possible for unit 2 would be through the use of the shared access path, directly adjacent no. 8 Union Road, i.e directly past their side door and window in the side of no. 8. However, regular use of this path was thought to potentially impact on the amenities of no. 8 Union Road. The increased internal accommodation provided in unit 2 compared to unit 1 is considered to compensate for a lack of external amenity area. However if Members considered this unacceptable there is the option of use of the access alongside no. 8 Union Road to a gate into a subdivided rear garden. 

6.5 Highway Issues

· The site is located within parking zone 1; therefore zero parking could be supported in this location. However, both units would have a single parking space. Revised plans have relocated the access gate to unit 1 and widened the porch entrance to unit 2 to allow for two parking spaces on the frontage of the site and clear access to each unit. These provisions have overcome the initial concerns of the highway engineer and he now supports the application with the suggestion of a condition regarding the layout of parking spaces.

7. Conclusion and Justification for Recommendation

7.1 The conversion of the existing dwelling into flats is considered acceptable due to its location in close proximity to the town centre. The size of the accommodation of each unit is considered acceptable for one and two bedroom flats. Proposals are considered to present limited adverse impact to the adjoining and adjacent neighbouring properties, and the proposal is therefore considered to be acceptable in accordance with policy and is accordingly recommended for approval.

8. Recommendation

Conditional Permission.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	Materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those in the existing building. Reason: In the interest of the amenities of the area and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
3	Each of the two flats hereby approved shall be allocated one of the car parking spaces shown on the approved plan. The allocated space shall be retained solely for parking purposes hereafter by the nominated flat. Reason: In the interest of highway safety and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
4	The ground floor flat hereby approved shall not be occupied until details have been submitted and approved in writing by the Local Planning Authority of boundary treatment to be erected along the southwest boundary of the site facing no. 8 Union Road. The boundary treatment shall be completed in accordance with the approved details before the use hereby permitted is commenced. Reason: In the interest of maintaining the amenity value of the area and to comply with Policy D1 (Standards of Design) of the IW Unitary Development.

5.

Reference Number: P/00899/06 - TCP/12426/G Parish/Name: Ventnor - Ward/Name: Ventnor East Registration Date: 19/04/2006 - Full Planning Permission Officer: Mr S Wiltshire Tel: (01983) 823552 Applicant: Mr D Peckitt Change of use of ground floor to adult gaming centre 15 High Street, Ventnor, PO381RZ The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The Local Member has requested that this application is referred to the Development Control Committee for consideration for the reasons of the impact that this use would have on Ventnor Town Centre.

1. Details of Application

1.1 This application proposes the change of use of the ground floor of No. 15 High Street, Ventnor from educational use (Use Class D1) to an adult gaming centre. The accommodation would provide a 10.8 metre by 5.6 metre area for gaming machines, with associated office, store and toilet facilities for staff. This application proposes no change to the internal layout, or external appearance of this building.

1.2 Members should note that a separate planning application is also under consideration by the Local Planning Authority for alterations to the shopfront of the dwelling and the change of use of the upper floors to residential use (application number P/01025/06).

2. Location and Site Characteristics

2.1 The application site constitutes a 3 storey mid terraced property, which is currently vacant. It was formerly occupied by the Ventnor Community Learning Centre. At ground floor the building has a part glazed / part tiled shopfront flanked by painted concrete pilasters to each side. A separate doorway in the front elevation leads to the upper floors.

2.2 The application site is within Ventnor town centre and the conservation area. The NatWest Bank adjoins the application site to the west, with a solicitor’s office with residential flats on the first and second floors to the east.

3. Relevant History

3.1 The following applications have been determined on the application site;

TCP/12426/A	Change of use from shop to wine bar / restaurant	Approved – 21.4.81
TCP/12426/B	Change of use of ground floor from wine bar to bank	Approved – 5.8.88
TCP/12426/C	Conversion of wine bar to banking branch (revised)	Approved – 25.8.89
TCP/12426/D	Change of use of ground 1^st and 2^nd floors to educational use	Approved – 10.10.02
TCP/12426/E	Change of use of ground floor to educational use	Approved – 19.8.02

4. Development Plan Policy

4.1 The Isle of Wight Unitary Development Plan (UDP) identifies the application site as being within the Development Envelope boundary for Ventnor and within Ventnor Town Centre. The site is also within Ventnor Conservation Area.

4.2 Relevant policies of the Isle of Wight Unitary Development Plan are considered to be as follows:

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

· G1 – Development envelopes for towns and villages

· G4 - General Locational Criteria

· B6 – Protection and enhancement of Conservation Areas

· D1 - Standards of Design

· D2 - Standards of Development within the site

· R1 – Existing Town Centres

· R13 – Amusement centres

· TR7 - Highway Considerations for New Development

· TR16 – Parking policies and guidelines

5. Consultee and Third Party Comments

5.1 Internal Consultees

· Conservation & Design Officer – The proposal would not directly affect the appearance of the building in the Conservation Area. The appearance of any window display should be given consideration.

· Highway Engineer – No comments as the proposal has no highway implications.

· Environmental Health – Comments awaited

5.2 External Consultees

· Police Liaison Officer – Comments awaited

5.3 Town or Parish Council Comments

· Ventnor Town Council – Object to this application on grounds that it constitutes unsuitable development in the area.

5.4 Neighbours

Five letters of objection have been received, as well as an objection from the Manager of NatWest Bank. These letters raise the following planning issues;

· Noise impact

· Adverse impact on the character of the area

· Security risks to bank and local residents

The deadline given for the receipt of representations is 26 May 2006.

Evaluation

6.1 The application site is located within the boundary to Ventnor Town Centre, but outside the area identified in the UDP as a retail only frontage. The authorised use of the ground floor of this building is for education uses, thus the building is currently not in an A1 retail use. Policy R13 (Amusement centres) of the UDP specifies that amusement arcades should be situated outside any retail only frontage within a town centre. Therefore the proposal would not impact on the retail function of the town centre. The applicant has also indicated in a supporting statement that the shop front would be used for retail display purposes for local charitable bodies. The proposed use is therefore considered to be acceptable in principle within this town centre location, provided the considerations set out below are satisfied.

6.2 Conservation Area – 15 High Street is situated within Ventnor Conservation Area. The Conservation and Design Officer has commented that the submitted plans show that there would be no external alterations to the building, thus the external appearance of the building in the conservation area would not be affected. As stated above a supporting statement indicates that the shop front would be used for retail display purposes for local charitable bodies. For these reasons the proposal is considered to be in accordance with Policy B6 (Protection and enhancement of conservation areas) of the UDP.

6.3 Criterion (a) of Policy R13 of the UDP specifically states that amusement centres should not be located within Conservation Areas. It is noted that a previous Inspector’s decision on a proposal for an amusement centre at 9/13 Pier Street, Ventnor considered that a blanket exclusion of such uses in these areas could not be justified. As stated above, the Conservation and Design Officer does not consider that there would be an adverse visual impact on the conservation area. Given the circumstances it is considered that the refusal of permission could not be sustained in terms of Policy R13 (a).

6.4 Amenity for Neighbouring Occupiers – The application site is situated within an area of mixed land uses, in particular there are residential flats in the adjoining building, and an application for the change of use of the first and second floors above the application site is currently under consideration. Therefore the potential impact of the proposal in terms of noise and disturbance to residents of these flats from the gaming machines needs to be given consideration.

6.5 The impact of noise from the gaming machines could be satisfactorily mitigated by the incorporation of sound proofing measures within the building and the provision of a self-closing automatic door to the front entrance. The comments of the Environmental Health Officer are awaited and will be reported to Members at the meeting.

6.6 Crime and Disorder – The police liaison officer has expressed concern about the possibility of public access to the toilets through a kitchen / store. The applicant has subsequently confirmed that the toilets would be for staff use only, with no public access to these areas. Further comments of the police liaison officer are awaited in relation to anti-social behavior issues within Ventnor and will be reported to Members at the meeting.

6.7 The moral issues associated with the development of amusement centres are covered by legislation which is outside the scope of planning control, and would be considered by the Local Authority as part of a licensing application.

6.8 Highways and Parking – The application site does not provide any car parking for staff or customers to the proposed amusement centre. The site is within Ventnor town centre, with two long stay car parks in close proximity to the building. The Highways Engineer has no comments to make on this application. It is considered that zero parking provision is appropriate for this location.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard to the material considerations set out in the above report, it is considered that the proposed change of use of the ground floor of 15 High Street, Ventnor into an adult gaming centre would not have any detrimental impact on the town centre or the Ventnor Conservation Area. Equally, at the present time it is not considered the proposal would have any adverse impact on the overall character of the area or the amenities of neighbouring properties. Accordingly, it is considered that subject to receipt of the comments from the two outstanding consultees that the scheme can be supported subject to appropriate conditions.

8. Recommendation

Conditional approval. (Subject to the final comments of the Environmental Health Officer and the Police Liaison Officer).

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	The use hereby permitted shall not commence until full details of the type, positioning and installation method of soundproofing between the proposed use and adjoining use and the rooms above has been submitted to and agreed in writing with the Local Planning Authority. Use of the gaming centre shall not commence until the soundproofing has been installed in accordance with the approved details. Reason: To protect the amenities of the neighbouring residential properties and to comply with Policies D1 (standards of design) and P5 (Reducing the impact of noise) of the Isle of Wight Unitary Development Plan.
3	The use hereby permitted shall not commence until self-closing automatic doors have been installed at the front entrance and these doors shall thereafter be retained. Reason: To protect the amenities of the neighbouring residential properties and to comply with Policies D1 (standards of design) and P5 (Reducing the impact of noise) of the Isle of Wight Unitary Development Plan
4	The use hereby permitted shall not commence until full details of the shop window display and the proposed system to vary the display over time has been submitted to and agreed in writing with the Local Planning Authority. Use of the gaming centre shall not commence until the shop window display has been installed in accordance with the approved details. The shop window display shall thereafter be retained. Reason: In the interests of the visual amenity of the Conservation Area and general street scene and to comply with Policies D1 (standards of design) and B6 (Protection and enhancement of Conservation Areas) of the Isle of Wight Unitary Development Plan.
5	The use hereby permitted shall not be open to customers outside the hours of 10.00 to 20.00 hours on any day. Reason: To protect the amenities of local residents and to comply with Policy D1 (Standards of design) of the Isle of Wight Unitary Development Plan.

6.

Reference Number: P/01013/06 - TCP/27695 Parish/Name: Brading - Ward/Name: Brading and St Helens Registration Date: 21/04/2006 - Full Planning Permission Officer: Mr P Stack Tel: (01983) 823552 Applicant: Mr D Long Chalet bungalow with access off Coach Lane and parking/turning area land rear of, 10 Broadstone Crescent, Brading, Sandown, PO360AX The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The application has been submitted by a member of staff and under Standing Orders requires determination by Committee.

1. Details of Application

1.1 Detailed application seeks consent for construction of dwelling (chalet bungalow) on land fronting Coach Lane which presently comprises rear garden to semi-detached property which has return frontage onto Broadstone Crescent. Details indicate ‘L’ shaped chalet bungalow comprising lounge, bedroom, kitchen/diner and study at ground floor level with two bedrooms above.

1.2 As existing site levels are higher than road level and rise to rear (south) of site property is shown to be dug in with benefit of retaining wall around proposed building and incorporating parking and turning area served off new dropped kerb. Site will be enclosed by a 1.8 metre high close boarded fencing. It terms of design building is a traditional chalet bungalow having gable end feature on front elevation and cropped gables with front facing dormer providing light to bedroom. With regards rear facing first floor windows proposal would incorporate two velux type rooflights again providing light to bedrooms with central dormer feature comprising obscure glazing and providing light to bathroom. External finish building would comprise brick finish at ground floor level underneath tile hanging and concrete tile roof.

2. Location and Site Characteristics

2.1 Plot which has maximum size dimensions of some 19 metres width by similar distance in depth currently comprises rear garden to two storey semi-detached property fronting Broadstone Crescent and additional land fronting Coach Lane which is currently in third party ownership and on which appropriate certificate has been served. Broadstone Crescent itself comprises two storey semi-detached properties in cul-de-sac layout whilst properties to west of application site fronting Coach Lane comprise bungalows and chalet bungalow style developments.

2.2 Site is elevated above carriageway level in Coach Lane and in general properties fronting this Highway reflect topology in locality.

3. Relevant History

3.1 None.

4. Development Plan Policy

4.1 National Policy Guidance.

· Relevant national policies are considered to be PPS1 - Delivering Sustainable Development, PPG3 – Housing (March 2000).

· PPG3 underlines need to provide range and mix of house sizes using brownfield sites and supporting the efficient use of land.

4.2 Relevant Strategic Policies:

· S1 – New Development Concentrated within Existing Urban Areas

· S2 – Brownfield Site Encouragement

· S7 – Housing Targets

4.3 Relevant Local Planning Policies

· G1 – Development Envelopes

· G4 – General Locational Criteria for Development

· D1 – Standards of Design

· D2 – Standards for Development within the Site

· H4 – Unallocated Residential Development to be Restricted to Defined Settlements

· H5 – Infill Development

· TR7 – Highway Considerations for New Development

· SPG – Residential Infill

5. Consultee and Third Party Comments

5.1 Internal Consultees

Highway Engineer recommends conditions should consent be granted

5.2 Town or Parish Council Comments

None received at time of report preparation.

5.3 Neighbours

None received at time of report preparation.

6. Evaluation

6.1 Site lies within development envelope boundary for Brading and therefore there is no objection in principle to residential development.

6.2 Existing property (number 10) whilst fronting Broadstone Crescent has generous curtilage including significant rear garden element which when combined with third party land has return frontage onto Coach Lane. Application seeks to take advantage of this double road frontage by subdivision of plot thereby providing chalet bungalow having its own highway frontage. Proposal therefore does not represent backland development and should be considered in similar terms to potential infill plot within development envelope.

6.3 Proposal seeks to reflect and extend pattern of building along Coach Lane frontage whilst achieving acceptable distances between existing development to rear in Broadstone Crescent.

6.4 Determination of this application turns on three fundamental issues:

· Does proposal represent appropriate development in terms of street scene characteristics particularly when viewed from Coach Lane

· Potential impacts of proposal on residential amenity of surrounding residential occupiers

· Associated highway considerations

6.5 In terms of first issue proposed dwelling is to be dug into site and will result in lower floor levels than nearest adjoining property. As a result eaves level is also below level of adjoining property however given fact that proposal involves chalet bungalow eaves level will be approximately 0.25 metres above adjoining bungalow. Given distance to nearest property on this road frontage (7.75 metres) and set down of property it is not considered that proposed dwelling would represent unduly prominent feature when viewed in street scene and given mix of style and character of developments on this road would not represent inappropriate development in terms of scale, mass and design. Characteristics of site are such that proposal represents unique opportunity to provide additional dwelling unit which it is felt represents natural visual stop to ribbon development in Coach Lane and is unlikely to set precedent for further development in immediate locality.

6.6 With regards potential impact on residential amenity of adjoining and surrounding residential occupiers Members should note that proposal is to be dug in and will only involve rear facing velux style windows and obscure glazed dormer windows. No other rear or side facing openings are proposed.

6.7 Distance to nearest adjoining property fronting Coach Lane to west is considered more than adequate and whilst distance to nearest property to rear (south) is some 11.5 metres and recognising distances recommended in SPG “Residential Infill” it is considered given both type of development and relative levels to adjoining property the proposal allows sufficient space between proposed new build and existing residential development. Additionally resultant curtilages are considered to be adequate in terms of area available.

6.8 With regards highway arrangements and implications, Highway Engineer recommends conditions should consent be granted.

7. Conclusion and Justification for Recommendation

7.1 Having due regard and appropriate weight to the material considerations outlined in this report I am of the opinion that proposal represents acceptable infill development within development envelope. Opportunity arises to provide additional residential unit which will not be an uncomfortable addition to street scene and can be accommodated without undue loss of residential amenities to surrounding occupiers. Proposal is therefore considered to be in conformance with relevant national and local policies and can be supported in this instance.

8. Recommendation

The application is recommended for Conditional Permission

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	No development shall take place until [samples of materials/details of the materials and finishes, including mortar colour] to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
3	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order, with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed unless the express written consent of the Local Planning Authority is obtained. Reason: In the interests of the character and amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
4	The boundary fencing shown on drawing number 22-06.3 rev 1.12 shall be constructed in full prior to the occupation of the dwelling hereby approved and shall be maintained thereafter. Reason: In the interests of the character and amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
5	The development shall not be occupied until sight lines have been provided in accordance with the visibility splay shown on the approved plan (reference number 22-06.2 dated April 2006). 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.
6	No dwelling hereby permitted shall be occupied until space has been laid out within the site and in accordance with drawing number 22-06.2 for 1 car to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
7	Prior to commencement of the development hereby approved, the roadside boundary of the site shall be lowered to a maximum of 1 metre in height above existing road level over the whole frontage and shall be maintained thereafter at a height no greater than 1 metre. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
8	Notwithstanding the provisions of any Town and Country Planning (General Permitted Development Order) 1995 (or any Order revoking and re-enacting that Order), no gates shall be erected without the prior written approval of the Local Planning Authority. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.

7.

Reference Number: P/01112/06 - TCP/24431/A Parish/Name: Freshwater - Ward/Name: Freshwater Afton Registration Date: 02/05/2006 - Full Planning Permission Officer: Mr S Wiltshire Tel: (01983) 823552 Applicant: Freshwater Parish Council Relocation of skate park into adjoining tennis court & enlargement of existing skate park to create multi-use games area with floodlighting tennis courts, east of, car park, Moa Place, Freshwater, PO40 The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This planning application involves the development of Council owned land and under the Council’s Scheme of Delegation it is required to be referred to the Development Control Committee for consideration.

1. Details of Application

1.1 This planning application seeks consent for the enlargement of an existing hard surfaced area currently used as a skate park to provide a Multi Use Games Area (MUGA). The skate park and associated ramps would be relocated into the adjacent tennis court.

1.2 The existing tarmac skate park area would be enlarged by 1 metre to each of its southern and northern sides, as well as by 1 metre to the west to provide a deeper goal area. The enlarged hard surfaced area would be enclosed by 3 metre high chain link fencing with associated 1.2 metre high rebound boards on anti-shock mountings. In addition the application proposes that the MUGA would be floodlit, with the installation of 1 x 1 kw lamp on a 10 metre high lighting column in each of the 4 corners of the games area. The lights will be controlled by a timer switch.

1.3 A plan prepared by the suppliers of the lighting has been submitted which provides details of the projected horizontal luminance levels of the proposed lighting scheme on the area surrounding the MUGA.

1.4 The hours of use of the MUGA are given as Monday to Friday 09.00 – 21.30 hrs, Saturdays 09.00 to 18.99 hrs and on Sundays and Bank Holidays 10.00 to 18.00 hrs. If necessary, these are negotiable. Outside these hours the MUGA will be locked.

Location and Site Characteristics

2.1 The application site consists of a tarmac area with dimensions of 70 metres by 16.5 metres located directly to the east of a car park serving the West Wight Sports Centre, Moa Place, Freshwater. It was originally created as two tennis courts. The western half of the hardsurfaced area is currently occupied by a number of skateboard ramps, with the eastern half a tennis court. The area is enclosed by 2.8 metre high fencing which is in a poor state of repair and partially missing.

2.2 The application is situated within a landscaped area to the south of School Green Road, with a number of mature trees surrounding the site. A school playing field is situated to the south of the application site, with a residential property, No. 100 School Green Road, located to the east of the site. Approximately 55 metres away on the northern side of School Green Road are a mixture of residential and business premises.

3. Relevant History

3.1 Planning permission TCP/24431/ granted consent for the use of a basketball court as a skateboard/bmx park in December 2001.

4. Development Plan Policy

4.1 The Isle of Wight Unitary Development Plan (UDP) identifies the application site as being within the Development Envelope boundary for Freshwater. The site is also identified as an area of open space which is protected by Policy L4 of the UDP.

4.2 Relevant policies of the Isle of Wight Unitary Development Plan are considered to be as follows:

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

· G1 – Development envelopes for towns and villages

· G4 - General Locational Criteria

· D1 - Standards of Design

· D2 - Standards of Development within the site

· D14 – Light spillage

· L2 – Formal Recreation Provision

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

· C12 – Development affecting trees and woodland

· U1 – Location of health, social, community, religious and education services

· TR7 - Highway Considerations for New Development

· TR16 – Parking policies and guidelines

5. Consultee and Third Party Comments

5.1 Internal Consultees

· Tree Officer – The proposal would result in the loss of a few semi-mature trees, their loss could be mitigated by planting multiple replacements.

· Environmental Health – No objection to the proposed flood lighting. There is considerable potential for noise disturbance from the proposed skate park, thus the imposition of conditions relating to hours of operation and the implementation of noise attenuation measures recommended.

· Highways Engineer – No comments to make as there is adequate parking available next door.

· Principal Policy Officer (Health and Sustainable Development) - Supports the application as providing local facilities in West Wight, where there is currently a lack of high quality outdoor sporting facilities.

5.2 External Consultees

None

5.3 Parish Council Comments

This application has been submitted on behalf of Freshwater Parish Council, and the Parish Council has confirmed it fully supports the proposal.

5.4 Neighbours

One letter of objection and one letter of support form local residents have been received. (The deadline given for the receipt of representations is 2 June 2006). The letter of objection raises concerns about the skate park in terms of noise and disturbance arising from anti-social behaviour by users of the facility.

5.5 Others

Letters of support have been received from:

· Cllr Gill Kennett, the Local Ward Member for Freshwater Afton

· Isle of Wight Youth Council; Youth Empowerment Worker, Chair and Vice Chair

· Local West Wight Youth Councillors

· Charlotte Cooke, Member Isle of Wight Youth Parliament

· CPRE

6. Evaluation

6.1 The main issues to be considered in the assessment of this proposal are discussed under the sub-headings set out below.

6.2 Recreation provision – Policy L2 of the UDP allows for new formal sports facilities within the development envelope boundaries, subject to the consideration against 3 criteria relating to highways, hours of use and amenity issues. The supporting justification to Policy L2 gives specific encouragement to the provision of all-weather floodlit outdoor facilities in appropriate locations. The Council’s Principal Policy Officer (Health and Sustainable Development) supports the provision of this facility. Members should be aware that this officer is part of the team which has put the application forward.

6.3 The proposal would result in the loss a tennis court in this location. It is noted the tennis court is currently in a poor state of repair with limited safety netting. It is considered that the loss of this tennis facility would be compensated for by the provision of a floodlit outdoor games area suitable for various uses. As such it is considered that the principle of this development, which would result in the loss of the tennis facility, is acceptable in this location.

6.4 Amenity for Neighbouring Occupiers – The application site is bounded by a school playing field to the south and a public car park to the west. No. 100 School Green Road is a detached dwelling located adjacent to the eastern boundary of the site. In addition there are residential properties located on northern side of School Green Road, approximately 55 metres to the north of the application site.

6.5 The existing skateboard park would be relocated to the section of the hard surfaced area which is approximately 25 metres from No. 100 School Green Road, with the nearest lighting columns in a location which would be around 60 metres from this property. The impact of the proposed lighting columns as well as the potential for noise and disturbance from the use of the games / skateboard area will need to be considered for the amenity of occupiers of this residential property.

6.6 The proposed floodlighting would be provided by a 1 kw lamp on 10 metre high columns located at each of the four corners of the MUGA. It is proposed the lamps would be fitted with baffles to prevent any horizontal light spillage. A plan showing horizontal luminance values submitted with the application demonstrates that there would not be horizontal light spillage outside a 12 metre radius of the MUGA. The application also states that the floodlights would be on timers which would limit the use to hourly periods, to a latest time of 21.30 hours Monday to Friday and 18.00 hours Saturdays, Sundays and Bank Holidays.

6.7 The horizontal light spillage would be limited to a 12 metre radius from the proposed MUGA. The nearest residential properties are situated on the northern side of School Green Road, approximately 55 metres away, with a heavily landscaped area between these properties and the application site. No. 100 School Green Road is situated approximately 60 metres to the east of the nearest proposed lighting column, and this property has a blank western side elevation. The Environmental Health Officer has no objection or comments to make concerning the potential for light nuisance from the proposed flood lighting. Therefore it is considered that the proposal would have an acceptable relationship with these properties. It is understood that the type of floodlights proposed have been used successfully at Sandown High School, Ventnor Middle School, Osborne Middle School, Ventnor Tennis Club and Ryde Tennis Club.

6.8 The existing skate park would be relocated to a position which is 35 metres closer to a neighbouring residential property. The Environmental Health Officer has expressed concern about the potential for noise disturbance to this property. In order to protect the amenity of these residents he has recommended that conditions relating to hours of use and noise attenuation measures are attached to any approval. Whilst the applicant may have considered leaving the area around the skate park unfenced, I cannot see any other way of satisfying the Environmental Health Officer’s requirement to control hours of use other than by enclosing the area off. This is reflected in the conditions.

6.9 Trees – The proposed widening of the hardsurfaced area would extend the hardsurfacing under the canopy of two trees which are located adjacent to the northern and western boundaries of the site. The Tree Officer has commented that the loss of these two trees, which are of public amenity value, could be mitigated by replanting multiple replacements.

6.10 Highways and Parking – The application site is located adjacent to a public car accessed via Moa Place which serves the town centre as well as the adjacent West Wight Sports Centre. No changes to the access or the existing car park layout are proposed. The Highways Engineer has no comments to make on this application since there is adequate car parking available next door.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard to the material considerations set out in the above report, it is considered that the proposed creation of a floodlit Multi Use Games Area and the relocation of the existing skate park, would provide a beneficial recreation facility for the community and with the imposition of appropriate conditions would have an acceptable relationship with the neighbouring properties. In this regard the proposed development complies with the policies set out in the Unitary Development Plan.

8. Recommendation

Conditional approval.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	Before the development hereby approved commences details of the proposed boundary fencing and rebound boards shall be submitted to and agreed in writing with the Local Planning Authority. Use of the Multi Use Games Area shall not commence until the boundary fencing and rebound boards have been installed in accordance with the approved details. Reason: In the interests of the visual amenity of the area and to prevent nuisance to the public from stray balls and to comply with Policy D1 (Standards of design) of the Isle of Wight Unitary Development Plan
3	Before the use of the skate park is commenced the facility shall be enclosed by fencing of a type and height to be agreed in advance in writing with the Local Planning Authority. Reason: To protect the amenities of local residents and to comply with Policy D1 (Standards of design) of the Isle of Wight Unitary Development Plan.
4	The light sources hereby permitted shall be fitted with baffles / shields to minimise any horizontal light spillage. Reason: To protect the amenities of local residents and to comply with Policy D1 (Standards of design) of the Isle of Wight Unitary Development Plan.
5	Both the multi games area and the skate park shall not be used outside the hours of 09.00 to 21.30 hrs Monday to Friday, 09.00 to 18.00 hrs Saturday and 10.00 to 18.00 hrs on Sundays and Bank Holidays. Outside these times both facilities shall be kept locked. Reason: To protect the amenities of local residents and to comply with Policy D1 (Standards of design) of the Isle of Wight Unitary Development Plan.
6	The floodlights hereby permitted shall not be illuminated outside the hours of 9.00 to 21.30 hours Monday to Friday, 9.00 to 18.00 hours Saturdays and 10.00 to 18.00 hours on Sundays and Public Bank Holidays. Reason: To protect the amenities of local residents and to comply with Policy D1 (Standards of design) of the Isle of Wight Unitary Development Plan.
7	Before the development hereby permitted is commenced details of a replacement tree planting scheme shall be submitted to, and agreed in writing by, the Local Planning Authority. These details shall include the species, number, size and position of the replacement trees. The approved tree planting scheme shall be carried out within 1 year of the completion of the development and any trees which die, are removed or become seriously damaged or diseased within a period of 5 years from the completion of the development shall be replaced in the next planting season with other trees of similar size and species. Reason: In the interests of the visual amenity of the area and to comply with Policy C12 (Development affecting trees and woodland) of the Isle of Wight Unitary Development Plan.

Andrew Ashcroft

HEAD OF PLANNING SERVICES