PAPER B1

01

Reference Number: P/00495/06 - TCP/05597/C Parish/Name: Ryde - Ward/Name: Ryde South West Registration Date: 03/03/2006 - Full Planning Permission Officer: Mr J Mackenzie Tel: (01983) 823552 Applicant: 3D Homes Demolition of public house & flat; residential development comprising 2/3 storey block of 4 houses & 6 flats with associated parking & landscaping 52 Swanmore Road, Ryde, PO33 2TQ The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This is a major application and contentious by reason of objections raised by local residents regarding traffic, parking and access.

1. Details of Application

1.1 This is a full application with all matters to be considered at this stage.

1.2 The proposal comprises the demolition of this public house and for the residential redevelopment of this site with a 2/3 storey block of four houses and six flats. Originally submitted the scheme also sought consent for an additional pair of semi-detached houses but negotiations have culminated in the removal of these houses from the scheme thus reducing the number of dwellings by two to ten.

1.3 Following demolition of the two storey property the plans show a single block of development tracing the frontage of the site to both Parklands Avenue and Swanmore Road essentially with three planes. The short part of the elevation which fronts Parklands Avenue is shown on the plans to be with a similar depth of frontage to the adjoining property, the first in Parklands Avenue but numbered 13. This is a two storey Victorian property situated approximately 6 metres back from the front boundary and the front of the proposed building is on a similar line. The long plane fronting Swanmore Road is closer to the highway with a frontage depth of about 2 metres to the back of the footway. The third links these two at approximately 45 degrees and presents a façade to the junction of Swanmore Road and Parklands Avenue opposite the junction with Ashey Road. The northern end of the block almost abuts Partlands Close, being approximately 2 metres back from that highway.

1.4 The proposal comprises six flats and four houses, three of the houses form the northern part of the terrace fronting Swanmore Road at its junction with Parklands Close, the fourth house at the western end of this angular terrace abutting the junction with number 13 Parklands Avenue and fronting Partlands Avenue. The flats form the remainder of the development in the corner section fronting the junction, six flats arranged on three floors each comprising two bedrooms, one bathroom, one kitchen and one living room. The dwellings are all two storey and comprise two or three bedrooms with a kitchen and lounge on ground floor.

1.5 Plans show the intention to construct the building in buff or yellow brickwork with reconstructed stone quoins and band courses with the hipped and gabled roof clad in artificial slate.

1.6 Following negotiation and the omission of the pair of semi-detached houses and the rear, the site layout has been revised to enable a more sweeping access into the site from Parklands Close and the formation of a parking area for ten vehicles and small gardens for the development. Pedestrian access via steps enables front access to the houses and, similarly, to communal entrances and stairwell to the flats. A brick boundary wall along the frontage separates the proposed development from the footpath.

1.7 Drainage for both foul and surface water is proposed to be provided to the combined sewer in the public highway.

2. Location and Site Characteristics

2.1 Site is located on the junction of Parklands Avenue with Swanmore Road, the site is currently occupied by a two storey public house known as Lily Deacon. The pub is closed and currently boarded up. It is a two storey slate roofed yellow brick building of generous proportions and scale situated towards the south of the site, the northern part last used for car parking. To the west lies a single residential property fronting Parklands Avenue and, beyond, comparatively large detached buildings in substantial sites whilst to the north east, fronting Swanmore Road, pairs of semi-detached and detached houses comparatively close to the highway with all buildings of substantial proportions.

2.2 The northern boundary of the site is marked by Parklands Close, a small cul-de-sac serving three pairs of semi-detached houses constructed in the last 20 years or so whilst on the eastern side of Swanmore Road, again, pairs of semi-detached dwellings and some detached dwellings in relatively close proximity to the highway.

2.3 The site is particularly prominent when approaching it from a southerly direction from Ashey Road and a south westerly direction from the continuation of Swanmore Road. The area is almost entirely residential and the site forms a rather prominent location in an area which is characterised by Victorian and Edwardian buildings of substantial scale and finished in a mix of different materials and colours.

3. Relevant History

None.

4. Development Plan Policy

4.1 PPG3 – Housing and PPS3 – Housing both advocate increased densities and the efficient use of urban land, particularly the redevelopment of brownfield sites.

PPG13 – Transport encourages the use of public transport, cycling and walking and reduces reliance upon the private car.

4.2 UDP policies applicable to this particular development are: -

· G1 – Development Envelopes

· G4 – General Locational Criteria for Development

· D1 – Standards of Design

· D2 – Standards for Development within the Site

· H1 – New Development within main Island Towns

· H2 – Variety of House Sizes and Types

· H5 – Infill Development

· H6 – High Density Residential Development

· TR7 – Highway Considerations for New Development

The site is not within either a Conservation Area or an Area of Outstanding Natural Beauty.

5. Consultee and Third Party Comments

5.1 Internal Consultees

Highway Engineer recommends conditions following resubmission of revised scheme reducing numbers and relaying out car parking and other facilities.

5.2 Town or Parish Council Comments

Not Applicable.

5.3 Neighbours

Two letters of objection from local residents on grounds of congestion and inadequate parking, overdevelopment of the site and development out of keeping, three storeys excessive, overlooking and loss of privacy, loss of light and inappropriate siting of bin store close to a residential property.

5.4 Others

Campaign for the Protection of Rural England (CPRE) object on grounds of over development, excessive density and inadequate car parking. (Comments relate to original submission of 18 units).

6. Evaluation

6.1 The main determining factors in relation to this proposal are considered to be:

· Policy and principle

· Density, mass and height of the building

· Design and appearance and materials

· Matters relating to access and parking

· Affect on adjoining properties

· Contributions payable to the Local Authority for education and provision or maintenance of open space.

6.2 Policy and Principle

The site is within the development envelope surrounded by residential properties and is a brownfield site. There is no policy objection to the loss of the public house as a facility bearing in mind the sites location and the prevalence of similar establishments in the settlement.

6.3 Density, Mass and Height

The revised scheme has resulted in a reduction in numbers by two, creating a development of 10 units on 0.1 of a hectare which computes at 100 dwellings per hectare, a density which is achievable through the inclusion of six flats. Density is considered appropriate bearing in mind national planning guidance and the type of accommodation provided. In terms of the mass of the building, it is a long façade which turns the corner and would be visible from Ashey Road as a single entity. From other viewpoints in Swanmore Road and in Parklands Avenue, only part of the building would be seen from that direction due to its shape. On a corner site such as this where roads meet, a building of some stature is justifiable as the area evolves. The houses, three to the northern end and a single one to the south western end are of two storeys in height with the flats, centrally located reaching to three. The height and therefore the perceived mass is separated in two elements thus reducing the impact.

6.4 Design and Appearance

The existing building, the Lily Deacon is a building of stature with detailing to the elevations to the highway with window head, key stones, quoins, picked out in contrasting materials or finishes and the proposed building seeks to echo such detailing more subtly the use of maintenance free materials such as facing brick, reconstructed stone, cills, quoins and window heads which should be more visible than contrasting by way of texture. In terms of its proportions and style it reflects the general appearance of properties in the vicinity. The three storey element sits approximately mid way and represents approximately 55% of the façade. At this junction of highways and the site’s prominence, I consider the three storey element to be acceptable.

6.5 Parking and Access

Originally submitted for 12 properties, the revised plans now seek consent for 10 with the omission of the pair of detached dwellings located in the northwestern corner. This has enabled the number of car parking spaces to be increased to one per dwelling as well as increases in amenity space. Access to the site is as before, off Partlands Close which originally serviced the public house at potentially a greater volume of traffic than the 10 dwellings now proposed. Accordingly, I do not consider the development is likely to generate additional levels of traffic in excess of that which the public house would have or could have generated and so long as parking standards within the site are acceptable, I see no reason to resist this development on parking grounds at the ratio of one parking space per dwelling. There will still be a need to segregate parking areas from amenity areas and the need to maintain adequate privacy from adjoining properties from the parking area, following the removal of the pair of semi-detached houses in the revised scheme.

6.6 Affect on Adjoining Properties

With the omission of the pair of semi-detached house in the northwestern corner of the site, the remaining development adjoins more closely the roadside boundary onto Partlands Avenue and Swanmore Road. The only property in close enough proximity to be affected by the development is likely to be no. 13 Partlands Avenue but the development in close proximity is only two storeys in height, is constructed at a lower level and in the elevation which fronts no. 13 Partlands Avenue there are shown to be only two, small windows serving a downstairs cloakroom and the landing. These windows could both be glazed in obscure glass in order to prevent any overlooking if necessary. The omission of the pair of semi-detached houses in the northwestern corner now eliminates a source of overlooking to no. 13 Partlands Avenue. Bearing in mind the fall of the land, other properties to the northwest and north would be at such distance and such elevation that overlooking will not occur to any great degree.

6.7 Contributions

Despite the omission of the pair of semi-detached houses in the northwestern corner and the subsequent relaying out of the site for improved parking standards, the development of the site with ten dwellings still attracts a need for the payment of contributions to the Local Authority for education and the maintenance or provision of public open space. It will therefore be necessary for a legal agreement to be concluded for these contributions but required as a condition of permission.

7. Conclusion and Justification for Recommendation

7.1 The proposal represents the residential redevelopment of a brownfield site located within the development envelope and surrounded by residential properties. Although of relatively high density the site’s location at this important junction of highways warrants the development of a landmark building and so the three storey element at the junction, diminishing to two storeys on either side is, in my view, justifiable since the reduction of the scheme by two units to enable the provision of a higher ratio of car parking spaces at a level of one space per unit with improved amenity areas. The development also retains significant space around and between its neighbours to allow the maintenance of adequate light and privacy levels and accordingly it is felt that the proposed development is in accordance with National Planning Guidance and Unitary Development Plan Policies

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	The development permitted by this planning permission shall not be initiated by the undertaking of any material operation as defined in Section 56 (4) (a) - (d) of the Town and Country Planning Act 1990 in relation to the development, until a planning obligation pursuant to S106 of the said Act relating to the land has been made and lodged with the Local Planning Authority and the Local Planning Authority has notified the persons submitting the same that it is to the Local Planning Authority's approval. The said planning obligation will provide for the payment of a sum set at the Authority's current contribution rate for the purpose of provision of educational facilities and the provision or maintenance of open space facilities in the area. Reason: To ensure the development does not put undue pressure on the education and open space provisions within the area and in accordance with policy U2 of the Isle of Wight Unitary Development Plan.
3	No development shall take place until details of the materials and finishes and detailing, 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.
4	No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include [proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. refuse or other storage units, signs, lighting, etc); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines, etc, indicating lines, manholes, supports, etc); retained historic landscape features and proposals for restoration, where relevant]. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
5	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the buildings hereby permitted are occupied. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
6	No development shall take place on site until a scheme for the disposal of foul and storm water/surface water has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall not be occupied until the agreed scheme of foul and storm/surface water disposal has been implemented and is operational to the reasonable satisfaction of the Local Planning Authority. Reason: To ensure that surface water run-off is satisfactorily accommodated and to comply with policies G6 (Development in Areas Liable to Flooding) and G7 (Development on Unstable Land) of the Isle of Wight Unitary Development Plan and to minimise the risk of pollution and to comply with policy P1 (Pollution and Development) of the Isle of Wight Unitary Development Plan.
7	No dwelling hereby permitted shall be occupied until space has been laid out within the site and drained and surfaced in accordance with details that have been submitted to and approved by the Local Planning Authority in writing for 10 cars and 6 bicycles 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 Isle of Wight Unitary Development Plan.
8	Development shall not begin until details of the design, surfacing and construction of any new roads, footways, accesses and car parking areas, together with details of the means of disposal of surface water drainage therefrom have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To ensure an adequate standard of highway access and drainage for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
9	The bottom half of the landing window on the first floor of Unit 1 shall be glazed and shall thereafter be maintained in obscured glass to the reasonable satisfaction of the Local Planning Authority. Reason: In the interest of the privacy and amenity of the adjoining residential property and in accordance with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

02

Reference Number: P/00549/06 - TCP/15578/B Parish/Name: Sandown - Ward/Name: Sandown South Registration Date: 02/03/2006 - Full Planning Permission Officer: Mr J Mackenzie Tel: (01983) 823552 Applicant: Atherley Court Developments Residential development of 9 houses & 2 bungalows with parking & access off Drabbles Lane site of former Country Gardens and, Summerhill Cottage, Drabbles Lane, Sandown, PO36 The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This is a major submission and has proved contentious due to matters of access.

1. Details of Application

1.1 This is a full application with all details to be considered at this stage. The proposal comprises the residential redevelopment of a site of approximately 0.16 hectares of land formerly comprising the curtilages of two residential properties located on the north side of Drabbles Lane at Sandown.

1.2 Proposal seeks to form a single vehicular access located roughly centrally in the sites frontage, a short ‘L shaped’ cul-de-sac serving 11 dwellings arranged around the vehicular access but with five of the properties fronting Drabbles Lane.

1.3 First block of three residential properties towards the east boundary fronting Drabbles Lane comprise a short terrace, two houses and a bungalow and on the western side of the new access road a pair of semi-detached houses.

1.4 Each of the properties has a single car parking space and the cul-de-sac includes a turning area at its end and is shown on the plan to be surfaced in contrasting coloured porous block paviours to both road and parking bays.

1.5 The eastern most dwelling on the frontage has its own parking space immediately adjoining and access directly off Drabbles Lane and immediately adjoining that space is a single visitor space. Short front paths access the front doors onto Drabbles Lane except for the bungalow which fronts onto the access road. The pair of dwellings to the west of the access road fronting Drabbles Lane are set slightly askew and a little way back from the highway. The western most dwelling has its own car parking space immediately adjoining access directly off Drabbles Lane. The frontages are marked by low brick walls, the rear gardens are separated by 1.8 metre high close boarded fences and separated from the front gardens by 1.8 metre high brick walls.

1.6 Development comprises five 3 bedroom houses, four 2 bedroom houses and two single bedroom bungalows. Each has adequate and private garden areas and a single parking space.

1.7 Dwellings closest to the north east boundary have shallow gardens of 3.5 metres as a minimum but have a width of 9 or 10 metres.

1.8 Dwellings proposed to be constructed and finished in facing bricks with contrasting string and quoins, UPVC windows and interlocking concrete roof tiles. Both bricks and tiles yet unspecified. Accommodation ranges between 36 square metres in the case of the bungalow to 75 square metres in the case of the three bedroom house.

2. Location and Site Characteristics

2.1 Site of 0.16 hectares, formerly two residential properties located on the north side of Drabbles Lane approximately 75 metres from its junction with Broadway.

2.2 Former residential properties have been demolished and some of the site cleared. Site has a frontage of approximately 45 metres to Drabbles Lane and an overall depth of just under 50 metres.

2.3 Area is predominantly residential but also contains a hotel (Melville Hall Hotel) situated to the north other hotels fronting the western side of Broadway and the Town Council offices, formerly the Christchurch Primary School. Drabbles Lane serves many residential properties in a comparatively modern development comprising semi-detached and terraced properties and immediately to both sides of the site are comparatively recent redevelopment sites with dwellings of a similar nature to that currently proposed i.e. semi-detached houses. All of these properties are served by Drabbles Lane junction with Broadway.

3. Relevant History

3.1 In May 2005 planning permission was granted for ten houses with parking and new access road. This is a valid permission and was granted subject to, amongst others, a condition treating the layout submitted with the application for guidance purposes only.

4. Development Plan Policy

4.1 National Policy Guidance in the form of PPG3 and PPS3 encourage higher densities, development of brownfield sites and efficient use of urban land.

PPG14 (Transport) seeks to discourage reliance on the private car.

4.2 Unitary Development Plan policy includes: -

· G1 - Development Envelopes

· G4 - General Locational Criteria for Development

· D1 – Standards of Design

· D2 – Standards for Development within the Site

· H1 – New Development within Main Island Towns

· H2 – Variety of House Sizes and Types

· H4 – Unallocated Residential Development

· H5 – Infill Development

· H6 – High Density Residential Development

· TR7 – Highway Considerations for New Development

4.3 The site is not within a Conservation Area nor an Area of Outstanding Natural Beauty.

5. Consultee and Third Party Comments

5.1 Internal Consultees

· Highway Engineer recommends conditions if approved.

5.2 External Consultees

None at the time of writing.

5.3 Town or Parish Council Comments

Sandown Town Council support the application

5.4 Neighbours

Letter of objection from adjoining hotel owner on grounds of overlooking of his site and the outdoor pool. Suggests that additional measures to improve screening would be an acceptable solution but this screening should not be reliant on planting but should be a permanent solution.

5.5 Others

Letter from the MP objecting on grounds of overdevelopment, insufficient parking and landscaping. Also arguing underuse suggesting more bedspaces could be provided in 3 storey terraced houses or flats. Echoes objection from adjoining hotel and loss of privacy and loss of trees.

6. Evaluation

6.1 The main determining factors in relation to this proposed development are considered to be:

· Policy and principle.

· Design, mass and appearance of the dwellings.

· Density and space around and within the development.

· Matters relating to access and parking and manoeuvring.

· Affect on adjoining properties.

6.2 Policy and Principle

The site is located within the development envelope; it is a “brownfield” site since the site was formerly used for two residential properties and the site is surrounded by, in the main, residential development. The site has also been the subject of a planning permission last year for residential redevelopment with ten houses although it is acknowledged that the form that development was proposed to take was not approved at the time the decision was made as the plans were considered to be unacceptable in terms of layout and form. There is, therefore, no objection to the residential redevelopment of this site in policy terms nor in principle.

6.3 Design, Mass and Appearance

The proposal represents a simple but interesting design concept incorporating details in contrasting materials and the interrelationship of dwellings masses and positions works well on this site. It represents a continuation and conclusion of development off Drabbles Lane in a similar style to the adjoining developments. It comprises single and two storey buildings in pairs or threes and in mass terms is satisfactory.

6.4 Density and Space

The proposed development of 11 dwellings on this site should be considered in the light of the 10 units previously approved on the site but it should be borne in mind that, although the density is high, approximately 68 dwellings per hectare, the development includes a variety of dwelling sizes, including two small single bedroom bungalows which provide a range of accommodation advocated in Council’s policy and National Planning Guidance.

Despite the density, this development includes space around and between dwellings and represents a form which provides adequate amenity space and parking for each of the units.

6.5 Access and Parking

Ten dwellings were previously approved on this site and one of the conditions appended to that consent required a maximum of 17 car parking spaces for 10 dwellings. It is understood that increased use of the access is of concern but the development currently proposed includes a single car parking space for each dwelling and one visitor space for the development. Two of the units are single bedroom; four of the units are two bedroom and therefore the chances of additional car parking demand being generated is seen to be limited.

The Highway Engineer is satisfied that the development of this site for 11 units can be adequately accommodated and serviced by Drabbles Lane at its junction with Broadway. Currently this junction serves a substantial number of properties and this development is likely to be the last development of new dwellings off this access. The parking provision of one space per unit represents 44% car parking, falling between the 0 – 75% required under the policy.

6.6 Effect on Adjoining Properties

There are modern properties adjoining to the east which have been constructed and occupied in the last few years. These properties will not be adversely affected due to the orientation of the proposed dwellings, the boundary treatments and the fact that the property most likely to affect them is a bungalow. However, the small parking area located adjoining the eastern boundary could have an impact from noise unless the boundary treatment in that area is retained as a solid, masonry wall to a height of 1.8 metres.

To the west of the site is a continuing development of dwellings currently under construction but, again, boundary treatments and other measures can be taken to reduce any overlooking perceived.

The most likely property to be affected is the Melville Hall Hotel located to the north. Whilst there is a dense and relatively high brick wall already in place along this boundary, the dwellings are in very close proximity and first floor windows could overlook if no other means of screening is taken. Potentially there are four properties which could overlook the hotel, units 8, 9, 10 and 11 which are situated towards the north east of the development adjoining the common boundary. Unit 11 is a bungalow and therefore there are no first floor windows which can potentially overlook but the other three could have some degree of overlooking. Steps can be taken to reduce if not prevent this occurring and it is proposed that a combination of lowering the ground floor level of these units, increasing the boundary height with an appropriate means and requiring certain windows to be glazed and maintained in obscured glass should overcome possible adverse effects.

7. Conclusion and Justification for Recommendation

7.1 The site is a typical brownfield site located within the development envelope and in close proximity to a major arterial route. It is also close to Sandown town centre and other amenities and therefore the residential redevelopment a comparatively high density of development with limited parking is felt to be an appropriate form for the site. The proposal represents a range of dwelling sizes and including two single bedroom bungalows gives a choice of accommodation for single people and small families. The development also represents the conclusion of development off Drabbles Lane as there are no other similar sites in the vicinity which would be readily developed such as that proposed. It is therefore considered that the development is fully in accordance with national planning guidance and local development policies.

As with the outline permission granted for 10 units last year, it is appropriate for contributions to be made towards education and open space provision and/or maintenance.

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	The development permitted by this planning permission shall not be initiated by the undertaking of any material operation as defined in Section 56 (4) (a) - (d) of the Town and Country Planning Act 1990 in relation to the development, until a planning obligation pursuant to S106 of the said Act relating to the land has been made and lodged with the Local Planning Authority and the Local Planning Authority has notified the persons submitting the same that it is to the Local Planning Authority's approval. The said planning obligation will provide for the payment of a sum set at the Authority's current contribution rate for the purpose of provision of educational facilities and the provision or maintenance of open space facilities in the area. Reason: To ensure the development does not put undue pressure on the education and open space provisions within the area and in accordance with policy U2 of the Isle of Wight Unitary Development Plan.
3	No development shall take place until 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.
4	No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include [proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.. other storage units, signs, lighting, etc); proposed and existing functional services above and below ground (e.. drainage power, communications cables, pipelines, etc, indicating lines, manholes, supports, etc); retained historic landscape features and proposals for restoration, where relevant. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
5	Soft landscape works shall include[planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities; an implementation programme. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
6	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the buildings hereby permitted are occupied. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
7	No development approved by this permission shall be commenced until a scheme for the provision and implementation of foul drainage works has been approved by and implemented to the reasonable satisfaction of the Local Planning Authority. Reason: To minimise the risk of pollution and to comply with policy P1 (Pollution and Development) of the Isle of Wight Unitary Development Plan.
8	No development approved by this permission shall take place until a scheme for the drainage and disposal of surface water from the development hereby approved has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be completed and operational before any residential unit hereby permitted is first occupied. Reason: To ensure that surface water run off is satisfactorily accommodated and to comply with policies G6 (Development in Areas Liable to Flooding) and G7 (Development on Unstable Land) of the Isle of Wight Unitary Development Plan.
9	The bottom half of the first floor windows in the north elevation of Units 8, 9 and 10 shall be glazed and thereafter maintained in obscured glass to the reasonable satisfaction of the Local Planning Authority. Reason: In the interests of the amenities of the adjoining property and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
10	The bottom half of the first floor window in the south west elevation of Unit 6 shall be glazed and thereafter maintained in obscured glass to the reasonable satisfaction of the Local Planning Authority. Reason: In the interests of the amenities of the adjoining property and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
11	A 1.8 metre high masonry boundary wall shall be erected and maintained along the eastern boundary of the site between the rear boundary wall of Unit 1 and the front boundary wall of Unit 11 in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority before the development is occupied. Reason: In the interests of the amenities and privacy of the adjoining residential property and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
12	Notwithstanding condition 6 above, additional boundary screening shall be erected along the north east boundary of the site along the rear boundaries of Units 8 to 11 inclusive in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. Those dwellings shall not be occupied until the agreed scheme of boundary screening has been implemented to the reasonable satisfaction of the Local Planning Authority. Reason: In the interests of the amenities and privacy of the adjoining property and in accordance with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
13	Notwithstanding the finished ground floor levels shown on the plans hereby approved, the finished ground floor levels of the dwellings numbered 6 to 10 inclusive shall be lowered in accordance with details to be submitted to and approved by the Local Planning Authority and, thereafter, the dwellings shall be constructed in accordance with the agreed levels. Reason: In the interests of the amenities of the adjoining property and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
14	No building shall be occupied until the means of vehicular access thereto has been constructed in accordance with the approved plans. Reason: To ensure adequate access to the proposed development and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
15	No building shall be occupied until the means of access thereto for pedestrians and/or cyclists has been constructed in accordance with the approved plans. Reason: To ensure adequate safe provision of facilities for pedestrians and cyclists wishing to gain access to the site and to comply with policy TR6 (Cycling and Walking) of the Isle of Wight Unitary Development Plan.
16	Development shall not begin until details of the sight lines to be provided at the junction between the access of the proposal and the highway have been submitted to and approved in writing by the Local Planning Authority and the development shall not be occupied until those sight lines have been provided in accordance with the approved details. Nothing that may cause an obstruction to visibility shall at any time be placed or be permitted to remain within the visibility splay shown in the approved sight lines. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
17	Development shall not begin until details of the design, surfacing and construction of any new roads, footways, accesses and car parking areas, together with details of the means of disposal of surface water drainage therefrom have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To ensure an adequate standard of highway access and drainage for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
18	No dwelling shall be occupied until the parts of the service roads which provide access to it have been constructed, surfaced and drained in accordance with the approved plans/details which have been submitted to and approved by the Local Planning Authority. Reason: To ensure an adequate standard of highway and access for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
19	No dwelling hereby permitted shall be occupied until space has been laid out within the site and drained and surface in accordance with details that have been approved by the local planning authority in writing for 12 cars to be parked and for car parked in spaces labelled 2,3,4,6,7,8,9,10 and 11 on drawing 2651-06-A to be able to turn so they may enter and leave the site in forward gear. The space shall not thereafter be used for any other 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 Isle of Wight Unitary Development Plan.
20	Both the 1.8m close boarded fence next to parking space 5 and the existing fence next to the parking space marked 'visitor' shall be reduced to a maximum of 1m in height over a length of 2m to maximise visibility for both egressing drivers and pedestrians crossing the frontage of the site. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.

03

Reference Number: P/00888/06 - TCP/03595/F Parish/Name: Newport - Ward/Name: Newport North Registration Date: 06/04/2006 - Full Planning Permission Officer: Miss S Wilkinson Tel: (01983) 823552 Applicant: Woodward Leisure Ltd Demolition of buildings; residential development comprising five storey block of 51 flats with mixed residential and retail at ground floor level (revised scheme) 15-17 St. James 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 Application seeks consent for the demolition of buildings and a residential development comprising a five storey block of 51 flats with mixed residential and retail at ground floor.

1.2 Due to the town centre location of the site it is a no parking scheme. Provision has however, been made for bicycle parking for each unit.

1.3 The proposal comprises 42 one bedroomed flats and nine two bedroomed. Flats are accessed from an internal atrium between the two blocks and private walkways bisecting the space above ground floor level.

1.4 The external design incorporates features from the immediate location with the inclusion of bay windows, square dormers and mansard roofs. The two ground floor retail units allow for a continuation of retail along St James’ Street where the previous uses were a daytime stop in the freeflow of pedestrians.

1.5 The rear elevation is a contemporary designed in concept incorporating smooth render and interknit weather board cladding with variations in the elevation to avoid the appearance of a singular block. The fifth storey is viewed separately and set back from the main structure in order to reduce any over dominance to the neighbouring properties.

1.6 The front elevation of the building has been designed to appear as four separate buildings in order to be more in keeping with the general character of St James’ Street. The rear elevation is read within its own context of the existing car park and provides surveillance into this space and the passage way that connects Lugley Street to the High Street.

2. Location and Site Characteristics

2.1 The northeastern boundary of the site currently backs onto a car park and the rear of a number of retail premises and some residential properties. There is currently an alley that runs along the rear of the existing building, which provides a shortcut from the car park and Lugley Street to the High Street.

2.2 The application includes the demolition of three buildings, the most substantial being Temptations Nightclub, previously Newport Congregational Church. At the time of the conversion the interior of the church was completely removed with only the front façade remaining. A mezzanine floor supported by steel columns was inserted into the retained shell and additional works were undertaken to the external structure of the building including the insertion of fire doors and other works required for building regulations, which have further altered the fabric of the original building. The exterior of the building is now in a poor state of repair.

2.3 The other buildings on site are of little architectural merit and do not make a significant contribution to the street scene. They currently provide a stop within the street, interrupt the flow of pedestrians and have a negative effect on the commercial viability of retail units further down St. James Street.

2.4 The site is located within Newport Conservation Area and has a number of listed buildings around the boundaries of the site. The adjoining properties within the street scene are two storey and two storey with accommodation in the roof space however the design of properties within St. James Street are varied with some properties of greater heights.

3. Relevant History

3.1 TCP/3595/B – P/1216/01 – an application for a change of use from church and church hall (Class D1) to music/dance hall (Class D2); external alterations including formation of emergency escape doors and external staircase, Newport Congregational Church, 16 St James Street was approved in October 2001.

3.2 CAC/3595/D – P/01349/05 – conservation area consent for demolition was refused in December 2005 as at that time no acceptable replacement scheme had been submitted.

3.3 P/01415/05 – TCP/3595/E – an application was received for the demolition of buildings; residential development comprising 5 storey block of 51 flats with mixed residential and mixed retail and residential at ground floor level in 2005. This application was however subsequently made invalid due to land ownership. Four letters of objection were received in respect of this scheme, which has subsequently been revised.

4. Development Plan Policy

4.1 National Policy Guidance

· PPG3 – Housing and PPS Consultation Paper 3, relating to Housing are applicable.

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.

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

· S7 – Provision of housing units on the Isle of Wight

4.3 The following Unitary Development Plan Policies are applicable:

· G1 - Development Envelopes

· G4 - General Locational Criteria

· G10 – Existing Surrounding Uses

· 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

· B9 - Protection of Archaeological Heritage

· H1 - New development within main Island towns

· H4 - Unallocated Residential Development to be Restricted to Define Settlements

· H6 - High density residential development

· TR6 - Cycling and Walking

· TR7 - Highway Considerations for New Development

· TR16 - Parking Policies and Guidelines

· U1 - Infrastructure and Services Provision

· R1 - Existing Town Centres

· R2 - New Retail Development

· R4 - Development on Unidentified Sites

· R6 - Areas outside Retail – Only Frontages

· R8 - Residential Use of Upper Floors in Town Centres

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, their comments will be contained within the evaluation of this report.

· Environmental Health Department have requested conditions be attached to any approval.

· Archaeology have requested conditions are attached to any approval in respect of a watching brief to ensure that any historical remains under the existing structure are preserved.

· The Council’s Crime Prevention Design Advisor has commented on the application stating that ideally he would wish to see the alley way connecting the High Street with the car park accessed by Lugley Street permanently closed, however as this is not possible within this scheme appropriate lighting and railings need to be installed to protect the residents of the ground floor flats.

5.2 Others

One letter of objection was received at the time of writing the report raising concerns in respect of drainage capacity of the Quay Pumping Station.

6. Evaluation

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

· Impact of the development on the surrounding area

· Overdevelopment

· Highway Issues

· Drainage Issues

· Affordable Housing

6.2 Impact of the development on the surrounding area

When considering the impact of the development on the surrounding area one must first examine the issue of demolition of the existing buildings and more specifically the former church. The buildings known as Bar Blu and Coffee Plus are of little architectural merit and do not make a positive contribution to the street scene therefore the demolition of these is no considered to be contentious. Concern has been raised by objectors however in relation to the demolition of the former church building.

6.3 A structural engineers report has been submitted examining the suitability of the building for conversion, also taking into consideration the neighbouring buildings that are within the current site area. The report has concluded that the size and scale of the current building makes it unsuitable to be incorporated into the wider development of the site and it would be unable to comply with fire regulations as an individual unit. It is considered that the existing foundations of the building would be inadequate for the increased loading that would result if floors were to be incorporated into the existing structure to provided flatted development. The windows within the elevations would oversail floor levels, which would present a spread of fire risk as well as proving to create insulation problems. Additionally the current building appears to have no visible damp proof course to the solid walls. It is considered that the works that would be required to convert the building would be both impractical and extremely expensive. Therefore it was considered that the demolition was the most suitable course of action in order to provide a redevelopment scheme and appropriate use for this Brownfield site.

6.4 The scheme has been designed in consultation with the Conservation and Design Team Leader in order to develop a scheme in this central location that would not have a detrimental impact on the character of the surrounding area. In designing the scheme, the character of this zone within Newport Conservation Area has been taken into account. The incorporation of bay windows at first floor level and a vertical emphasis in the design with the building appearing as a number of separate units in order to ‘break up’ the front elevation and sit more comfortably within the multi-period conservation area and street scene. Newport is characterised by buildings of varying heights and architectural forms. The existing street scene sees a dramatic height contrast between the single story café (Coffee Plus) and the Church. The scheme in front of members allows for this contrast between buildings that characterises this street scene. The proposed buildings ‘step up’ in height resulting in the contrast being reintroduced into the street.

6.5 The rear elevation has been designed in a contemporary style, as there is no distinctive character to the rear of the site with which to relate the design. The massing has been ‘broken up’ in the design and the rear elevation is read within its context and separately from the more traditional front elevation.

6.6 The proposal has not been able to see the removal of the alley between Lugley Street and the High Street but it does provide increased surveillance and the building line has been designed so that one can now see from one end to the other improving the current safety of this ‘shortcut’.

6.7 Overdevelopment

The development comprises 51 living unit which are predominantly one bedroom therefore the density appears very high. However, this is a large site within a town centre location and has been designed to make best use of the space available by splitting the scheme into two blocks due to the depth of the site being too great for one large building. Circular 6/98 states that “higher densities should be encouraged on easily accessible sites” as well as advice in PPG3: Housing outlining that LPA should “seek greater intensity of development at places with good public transport accessibility such as city, town, district and local centres.” The result of this provides an open atrium allowing for light to enter into the internal facing windows as well as providing an area of communal open space but private to residence. The atrium is bisected above ground floor level by walkways, which provide the circulation route and a defined personalised access. The atrium has been widened from the original scheme in order to provide an unobstructed angle for sunlight into the central void ensuring adequate daylight enters the space and the quality of environment is maintained.

6.8 Although this is a high-density scheme it has been designed with a break up of the massing on the elevations, with functional space for refuse and bike storage as well as providing a area of open space. In determining whether a scheme is overdevelopment one must not consider formal calculations, with regards to flatted development, as they will always give a distorted impression of density of development. In such instances the proposal should be considered in relation to its context and the resultant environment for both existing and proposed residents. In this instance the proposal has been designed to sit comfortably within the street scene, incorporating changes in height to respect the existing variation in height of the building, which is a feature of special interest within the conservation area. It also carefully considered the living standards of the residents and provides low cost housing in an area of need. If the development incorporated greater bedroom numbers per flat the density would not appear as high but due to the scheme being predominantly one bedroom accommodation as would be expected within a town centre location the density is distorted.

6.9 Highway Issues

Due to the town centre location of this scheme is within parking guidance zone 1 in which no on-site parking either operational or non-operational will be allowed. The proposal has been put forward in full accordance with policy as a no parking scheme, but does provide secure bicycle parking for each unit.

6.9 The scheme has been submitted with a project management and traffic management report detailing how the development could be constructed without unacceptable disruption to the free flow of traffic through Newport. This has been examined by the Council’s Highway Engineer who is satisfied with the findings and recommends conditional approval.

6.10 Drainage

Concerns have been raised in respect of drainage capacity at the Quay pumping station. However, as the current nightclub has capacity for 600 persons and Bar Blu 285, the flatted development is considered to result in a reduced net waste water productivity, therefore not putting any additional strain on the system.

6.11 Affordable Housing

The site is located within the centre of Newport and is therefore in a prime sustainable location ideally situated for on site affordable housing. Numerous discussions have been undertaken between Medina Housing Association, Housing Services and the agent of the scheme in respect of providing either affordable units on site or a financial contribution.

6.12 In respect of a financial contribution a case has been put forward that due to costing it would not be financial viable to contribute the £760,000 requested due to the relocation costs of the nightclub, and an amount between £130,000 would be more viable. It is considered however that the information that has been presented is inadequate to justify the contribution. The relocation costs of the nightclub are not a consideration of this scheme as the Local Planning Authority are not requesting that the works be undertaken as part of this proposal. The relocation of Temptations Nightclub to the High Street is a separate scheme and should be considered on its individual merits and not as part of the current application.

6.13 It is considered by your Officers that the provision of units on site would be the preferable option as this is a sustainable location within the town centre in accordance with Policy and could provide a mix of one and two bedroom units. However, discussions have taken place between the housing association and housing services as the association are of the opinion that the units must be located in one block due to ease of maintenance as well as having concerns in respect of the affordability of these units. As a compromise the developer was prepared to enter into a agreement that the units were for first time buyers only and they were sold at a percentage below market value with a development company (or a RSL) retaining the remaining value, rather than selling an element of the scheme directly to an RSL. This opinion however was not considered acceptable to Housing Services, as it was not in line with the true definition of affordable housing.

6.14 The concentration of the units in one block may not be physically possible within this scheme. However, such an approach is of concern as this could create social segregation between the privately owned and managed accommodation. Therefore, we would consider it preferable to disperse the affordable units through out the development, so there is no visual difference between the two forms of accommodation. In an attempt to compromise and bring the scheme in line with current policy your Officers believe that it should be conditioned that affordable housing is providing on site at 30% and future discussions take place between ourselves and the Housing Association in order to come to a consensus on the wider issue of whether affordable housing is pepper-potted through a site or in concentrated in one area of the development. If members were minded to approve the scheme this could be undertaken through a condition requiring a 106 agreement that stipulates affordable housing is provided on site. Alternatively members may be minded to approve with an agreement of a financial contribution for off site provision at the level requested by the housing section.

7. Conclusion and Justification for Recommendation

7.1 Having due regard and appropriate weight to all material considerations referred to in this report, it is considered that the redevelopment of this site for mixed residential and retail purposes will remove a current nonconforming use from this location and provided much need low cost housing with Newport town centre as well as allowing for a continuation in the retail function of the area, in compliance with policies contained within the Unitary Development Plan. The design of the proposed schemes sits comfortably within the street scene and is not considered to have a detrimental impact on the amenities of neighbouring or 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	No development shall take place until 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	A form of enclosure shall be erected along the length of the northeastern elevation in a type, position and material to be agreed in writing with the Local Planning Authority. Reason: In the interests of the privacy and security of the residents of the ground floor units and to comply with policy D11 (Crime and Design) of the Isle of Wight Unitary Development Plan.
4	No construction traffic shall enter the public highway during the construction unless their wheels and chassis have been cleaned to prevent the material being deposited on the highway. Reason: In the interests of highway safety and in compliance with policy TR7 (Highway Considerations) of the Isle of Wight 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 Isle of Wight Unitary Development Plan
6	The building hereby permitted shall not be occupied until space has been laid out within the site in accordance with details to be submitted to and approved by the Local Planning Authority in writing for 51 bicycles to be securely stored. 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 Isle of Wight Unitary Development Plan.
7	No building shall be occupied until the means of access thereto for pedestrians and/or cyclists has been constructed in accordance with the approved plans. Reason: To ensure adequate safe provision of facilities for pedestrians and cyclists wishing to gain access to the site and to comply with policy TR6 (Cycling and Walking) of the Isle of Wight Unitary Development Plan.
8	The demolition and construction works must be undertaken in accordance with details that have been provided within the Project Management and Traffic Management accompanying the application unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure safety of all road users during construction works in accordance with policy TR7 (Highway Considerations for Highway Development) of the Isle of Wight Unitary Development Plan.
9	Prior to the use hereby authorised commencing, the Local Planning Authority shall be notified of the intended activities and classified use of the proposed retail premises. Upon receipt of this information the Local Planning Authority shall specify measures to be taken by the applicant for the control of any potential disamenity to the residential properties. The use hereby permitted shall not commence until those measures have been completed by the applicant to the satisfaction of the Local Planning Authority. Any measures specified by the Local Planning Authority shall be maintained thereafter in the premises whilst the use continues. Reason: In the interests of the amenities of the area and to comply with policies G10 (Potential Conflict Between Proposed Development and Existing Uses), D1 (Standards of Design), R2 (New Retail Development) and R6 (Areas Outside Retail-Only Frontages) of the Isle of Wight Unitary Development Plan.
10	Any use approved under condition 9 shall not be altered without the prior written consent of the Local Planning Authority. Reason: In the interests of the amenities of the area and to comply with policies G10 (Potential Conflict Between Proposed Development and Existing Uses), D1 (Standards of Design), R2 (New Retail Development) and R6 (Areas Outside Retail-Only Frontages) of the Isle of Wight Unitary Development Plan.
11	Prior to the use hereby authorised commencing, the Local Planning Authority shall be notified of the intended business hours of the premises. The use shall not commence until these hours have been approved, or amended as necessary, by the Local Planning Authority. Reason: In the interests of the amenities of the area in general and future occupiers in particular and in compliance with policies G10 (Potential Conflict Between Proposed Development and Existing Uses) and D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

04

Reference Number: P/02170/04 - TCP/16761/C Parish/Name: Chale - Ward/Name: Chale Niton and Whitwell Registration Date: 14/10/2004 - Full Planning Permission Officer: Mr A Pegram Tel: (01983) 823552 Applicant: Mr & Mrs M O'Keefe Conversion of redundant barn to unit of holiday accommodation with terrace on south west elevation; alterations to vehicular access (revised plans) Gladices Barn, Gladices Lane, Chale Green, Ventnor, PO38 The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This application is being reported to the Development Control Committee on the basis of the previous history of the site and because the current application is particularly contentious having attracted a substantial number of representations.

This application was considered by the Development Control Sub Committee at the meeting held on 15 June 2005 when Members resolved to defer the application to enable officers to obtain further information to justify the conversion of this building to holiday accommodation, particularly given its location within a landscape designated as an Area of Outstanding Natural Beauty. In particular, it was considered that the proposal should be supported by a Whole Farm Plan which should provide details of how the proposal would be integrated with and contributed to the existing operation carried out on the land.

The applicant has submitted a Whole Farm Plan in support of his proposal. This has been the subject of consultation with an agricultural consultant. The contents of the Whole Farm Plan and the response from the agricultural consultant are summarised in this report. However, a full copy of these documents can be made available to Members on request.

1. Details of Application

1.1 This is an application for full planning permission for conversion of this agricultural building to comprise self catering holiday accommodation. The submitted details indicate the provision of seven bedroom accommodation with a separate lounge, TV room, dining room, kitchen and utility areas. The accommodation would be contained within the shell of the existing building which would require little external alteration, although some new door and window openings are proposed.

1.2 The ground levels to the south of the building are significantly lower than the internal floor level and the plans which accompanied the original submission indicated a raised timber deck with balustrading. Following negotiations, this element has been reduced and redesigned to form a solid platform to give access from the interior accommodation but to reduce the overall visual impact of this structure. The submitted details also indicate improvements to the vehicular access, landscaping within the site and provision of hard surfacing for vehicle parking.

1.3 A Structural Engineers report has been submitted which indicates that the building is of substantial construction and in good condition capable of conversion to provide holiday accommodation.

1.4 The applicants have submitted a letter to accompany the application which indicates that when the land was purchased in 1980 there was no building on the land and the stone barn was commenced using traditional materials both on aesthetic and functional grounds. The following information and comments have been submitted in support of the proposal:

· The barn was needed for the deer enterprise and also to house implements and store hay and straw. After nearly 20 years the deer enterprise was brought to an end by the imposition of a public right of way through the handling area. The consequent reduction in size of the herd rendered the business no longer profitable. In addition, the applicants have stated that frequent acts of damage to animals and property have occurred as the area cannot easily be surveyed by the owners. The discontinued use of the barn as an agricultural building would not in any way disadvantage the continued use of the surrounding land for agriculture. The barn only served and sustained the deer enterprise. The size of the entrance is too small in width for modern farming purposes and it cannot be reached or entered by the large trailers used in the transportation of grain on account of its size and its topography of the surrounding land.

· An alternative use for the building is therefore sought and the provision of holiday accommodation appears to be the most viable option. The applicants intend to apply to DEFRA for a grant towards the conversion. The planned conversion would provide accommodation to a high standard in accordance with advice given by Isle of Wight Tourism and would make use of the traditional features of the structure and would harmonise with nearby buildings.

· The applicants indicate that traffic movements would improve compared with the existing situation where large tractors, trailed machinery and implements gain access to the site. The lighter and more sporadic traffic serving the holiday accommodation could therefore easily be accommodated. Parking and disabled facilities are also planned.

· As a result of comments received and further discussions regarding the application, the applicant has submitted further information to clarify the situation. This indicates that for the best part of the last fifteen years the use of the barn has been for wintering of calves plus the storage of foodstuff and hay and straw. In spring it was used for storage and chitting of seed potatoes and in summer for the storage of organic potatoes. The traditional construction was successful for these purposes. Small agricultural equipment was also stored in the barn. The nature of agriculture is changing and the production of certain food does not remain constantly profitable. This was equally true of venison and potatoes where the cost of production did not match the market price especially on the island. The establishment of the right of way has also been detrimental to the business. It is necessary therefore to diversify in order to return the business to profit.

1.5 The application details also include a letter from the NFU outlining the history of deer farming on the holding. This indicates that the holding has become uneconomic due to a number of factors and is currently running at a loss. A small deer herd is maintained but the business needs to be supported with a more viable, sustainable source of income. Conversion of the building for agricultural storage would not be a viable proposition and would also involve an increase in the use of Chale Lane by large agricultural machinery. The conversion of traditional barns into holiday accommodation, offices or similar forms of accommodation has proven a popular way to preserve such structures and is also supported by grant aid from organisations such as SEEDA and DEFRA.

1.6 The submitted details also indicate that a new drainage system would be installed with foul water drainage discharged through a new septic tank or sewage treatment plant subject to the necessary building regulation and Environment Agency approvals.

1.7 Following deferral of the application by Committee, and in response to requests from officers for additional information, applicant has submitted a Whole Farm Plan produced by a qualified agricultural consultant. This document indicates that the applicants holding, which includes Windmill Wood Farm and Pyle Farm comprises an area of some 96 hectares, involving 77 hectares of arable land, 15.4 hectares of permanent pasture, 2.4 hectares of woodland and the balance comprising buildings and wasteland. The document also indicates that, in addition to the land the farm supports a farmhouse and grain storage bins at Pyle Farm, along with stone barn the subject of this planning application, located at Windmill Wood Farm. In addition, planning permission remains valid for an agricultural building, measuring approximately 50 metres by 25 metres, to be located at Pyle Farm.

1.8 The Whole Farm Plan provides the history of agricultural activities undertaken at this holding and indicates that up until the year 2000, the holding supported combinable arable crops, a potato enterprise and a herd of some 180 red deer for venison production. The report also indicates that, for a number of reasons, these enterprises have declined, including a reduction in the number of deer kept at the site. Therefore, the proposed barn conversion has been identified as providing a possible additional income stream to supplement the income provided by the agricultural activities undertaken by the applicant. In this respect, the applicant estimates that, given the size, quality and location of the proposed holiday let, significant letting fees could be generated amounting to a gross income of some £35,000 per annum. After running costs, this reduces to a margin of £27,100 from which loan payments (both capital and interest) of £16,100 need to be deducted, leaving a net cash margin of £11,000 to contribute to the farm business. It is anticipated that the diversification would produce a positive cash flow at the end of the second year. The main enterprise of the farm will remain combinable arable cropping and the small deer herd will be retained to enhance the holiday experience for tourists using the holiday let.

1.9 In terms of possible alternative uses of the building, the report indicates that, in its current format, it could not be utilised to house cattle or sheep as ventilation, access and distance from the farmers dwelling would present a problem regarding safety and surveillance of permanently housed livestock. The applicants’ consultant expresses a view that it would not be economic or sensible to undergo a conversion of the building for this purpose, not least because the holding has no need for livestock housing and the remaining small deer population has a field shelter and can quite legitimately survive outside. In addition, he expresses a view that the building could not be safely and economically converted for grain storage, even if the access allowed such a possibility, as the ability to load grain into the store and unload it into heavy goods vehicles is severely restricted by the access to the barn.

1.10 In attempting to reassure the Authority that the conversion of the barn will not result in additional buildings at this holding, the applicants’ consultant reiterates the fact that his client already has planning permission for a new farm building at Pyle Farm, which would easily meet the needs of the current farming business and be constructed in a format which was adaptable to any future farming needs.

2. Location and Site Characteristics

2.1 This application relates to a substantial building located on the western side of Chale Lane just to the south of Gladices Lane. The building is situated on ground which falls away from Chale Lane and the building is not readily visible from the local highway network due to the presence of a good hedge screen and the topography in the area. The building is more prominent however in distant views from the south and west and from the public footpath. There is an existing vehicular access to Chale Lane which serves the agricultural holding.

2.2 The building is of relatively modern construction although it has been built using traditional stone and brick finishes with a tiled pitched roof. There are a number of large window and door openings as the building was constructed as a barn to serve the deer farm.

2.3 Access is from Chale Lane via an unmade track and there is some hard surfacing in the vicinity of the building which is currently used for parking of agricultural machinery. A public footpath runs from Chale Lane to the north of the building and there is a separate access to the north-west onto Gladices Lane

2.4 The barn has been constructed on land forming part of the deer farm and an enclosed paddock is situated immediately to the west of the building and there are further buildings and dwellings to the west beyond this paddock which are also accessed from Gladices Lane.

2.5 The area is generally rural in character with scattered development and open views, particularly to the west. The access lanes are relatively narrow and are partly enclosed by hedges although these are sparse in character.

3. Relevant History

3.1 Construction of this building commenced in 1988 and concerns were expressed regarding the size and appearance of the building and its location in the rural area. Information submitted by the applicants indicated that the building was being erected for agricultural purposes and was necessary to support the deer farming enterprise at the holding. This matter was reported to the Planning Committee of the former South Wight Borough Council in 1989 and again in 1990 and concern was expressed that the design and construction of the building resembled that of a dwelling rather than an agricultural barn and that its construction was not justified for agricultural use. However, following submission of information from the owners, a legal opinion was sought from Counsel and it was deemed that in the absence of any evidence to the contrary, the building had been constructed as an agricultural building under permitted development rights pertaining at that time. Therefore there was no action which the Council could take in this respect. This outcome was reported to the Planning Committee in November 1994.

3.2 Since November 1994 the building has been roofed in and the applicants indicate that it has been used for storage of farm implements, feed stuff etc. Members are advised that the exterior of the building has not been completed but is essentially weatherproof and sufficient for agricultural storage.

4. Development Plan Policy

4.1 National guidance is contained in Planning Policy Statement 7 and paragraphs 18 to 20 refer to re-use of buildings. In principle, the re-use of rural buildings for suitable purposes is encouraged providing the use is acceptable for a particular location especially where the building was originally erected under Permitted Development rights.

PPG21 refers to re-use of rural buildings for tourist accommodation and the use of appropriate conditions.

4.2 The site is located outside of any development boundary defined on the Unitary Development Plan, within a landscape designate as an Area of Outstanding Natural Beauty. Relevant policies of the Unitary Development Policy are considered to be as follows:

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

· S4 - The countryside will be protected from inappropriate development

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

· S10 - Designated and defined areas

· G1 - Development envelopes for towns and villages

· G4 - General locational criteria for development

· G5 - Development outside of defined settlements

· D1 - Standards of design

· C1 - Protection of landscape character

· C2 - Areas of Outstanding Natural Beauty

· C15 - Appropriate agricultural diversification

· C17 - Conversion of barns and other rural outbuildings

· TR7 - Highway considerations for new development

· TR16 - Parking policies and guidelines

4.3 The Council has published supplementary design guidance relating to conversion of rural buildings which contains advice relevant to this application.

5. Consultee and Third Party Comments

5.1 Internal Consultees

· The Highway Engineer has indicated that visibility to the south from the vehicular access is extremely poor and as the proposed holiday unit could accommodate up to sixteen people it is likely that the access will have a greater level of usage than it has done in the past. As such it is reasonable to ask for improvements to the visibility. As Chale Lane is lightly trafficked and approaching vehicle speeds are only in the region of forty miles per hour it would be unreasonable to ask for a full visibility splay. There is also an established hedgerow. A visibility splay of 2.4 metres by 30 metres to the south would help considerably and a condition is therefore suggested in this respect. Revised details showing the required visibility width and hedge to be planted behind the splay, have been submitted.

· The Countryside Manager comments that the hedgerow on the roadside boundary is well established and sits atop a large bank. It consists of Hawthorne and a great deal of apparently healthy Elm which is in itself of note. The hedgerow is very exposed and the constant exposure to the wind has made the trees stunted and growth quite thin in a manner typical of such locations. Despite this the hedge is in good health and without gaps. It sits on the very apex of the ridge looking west over Atherfield and the West Wight and east towards St Catherine's Down, and forms a part of the skyline view for those looking from both sides. It is of exceptionally high landscape importance because of this locally distinct growth habit and its location. It is situated in the heart of the AONB in an unusually undisturbed and tranquil location. The length of hedgerow proposed for removal in connection with visibility improvements, is small by standards of many such applications. However despite this the location and the importance of the hedge itself lead him to conclude that removal of this amount of hedgerow is sufficient reason for refusal of the proposal. Concerns are also expressed at increased traffic disturbing the tranquility of this unusually quiet area of the landscape, but this in itself is not sufficient reason for refusal. It is suggested that an alternative access formed to Gladices Lane would be preferable thus avoiding the top hedgerow entirely. Further consideration has confirmed that the hedge is not of historic importance and a replacement behind the visibility line would be acceptable.

· The Rights of Way Officer has also commented on the application and has indicated that there would be no objection to the proposal as far as the effect on the footpath is concerned other than to request a separate pedestrian entrance adjacent to the vehicular gate on the south side so that walkers would not have to cross the path of vehicles entering and exiting. Gladices Lane itself is a byway open to all traffic and is part of the Rights of Way network as well as being maintained as an unclassified road to access properties. Concern is expressed about the removal of hedgerow in the area because of the rural character of the lanes. A possible alternative would be to use the existing entrance to the field from Gladices Lane itself but it is recognised that it could be more awkward and the increase in the use of Gladices Lane itself could also require an improved visibility splay.

· The Policy Team Leader has made the following comments in respect of this application:

Recent planning appeals have suggested that some conditions which the local authority wish to apply to restrict occupation to holiday purposes were not well founded in terms of circular advice and that enforcing them could be intrusive or that there was a lack of evidence to support the reasons for their application. This must therefore call into question whether the exemption to general policies against the provision of accommodation in the countryside for tourism purposes can any longer be allowed if reliance on a single condition of the principle that the accommodation shall only be used as holiday accommodation is insufficient to maximise the delivery of the wider benefits to the tourist and rural economy. There is evidence from elsewhere that holiday accommodation generates three times greater benefits for the local economy than second homes. Further survey work on the island would provide local rather than generic evidence.

The application details indicate that the intention is for a self catering units for multiple occupancy or a single let unit for up to twenty visitors providing high quality short term holiday accommodation. The accommodation would not be subdivided for separate units for resale and the letting income would replace lost income from the failed deer farming operation. It would be difficult to achieve these aims by the imposition of planning conditions as noted above and it would therefore be expected that these matters would be covered by a legal agreement in order to secure the proposed use and rural benefit.

· Comment has been received from the Head of Tourism indicating that the property is hidden from the road but has a good view out from the rear across a small wood and open field to the sea. A small herd of domesticated deer in the field adjacent will have its own attraction. The applicant has a good understanding of the market place and would provide some additional services which might be needed such as external catering. Tourism South East have identified an increasing demand for larger units to house two families sharing or a larger group. There is healthy demand for high quality accommodation towards the four and five star end of the market and if the property is developed to this standard it would be the only one of this size on the island and in view of the research on future demand this would be a very viable business. Similar properties in the West Country can command over £2,000 a week during the peak season and the return on investment should be reasonably quick in view of the fact that the shell of the building already exists and the expenditure would primarily for the fitting out. The development is therefore supported.

· The AONB Officer indicates that it is his understanding that the building was constructed during the 1980's as permitted development for agricultural use and that the location had no historic development and was not part of an existing farm building complex. The building is highly visible from the surrounding AONB to the south and south west due to its construction on a hill side rising from the coastal plain. The building can be seen from the Military Road and from Atherfield. Closer views to the building and its curtilage are afforded by public footpaths and there is partial visibility from Gladices Lane. It would seem that the building has never been completed with internal block walls visible towards the roof line. Some badly corroded farming equipment was seen due to its open air storage in the grounds around the building. It is believed that the original submission was incomplete as it provided insufficient information on the extent of the agricultural holding within the ownership of the applicant. No detailed information has been provided on the impact of the proposed development on the viability of continued agriculture use of the holding in the form of a "Whole Farm Plan". In the light of the design of the building its current unfinished state and its short term alleged use for agriculture it is questioned whether there is scope to revisit the issue of the structure currently benefiting from agricultural permitted development rights.

The AONB Officer considers that the visual impact of the building within the AONB is important as this is situated in a prominent position. The design of the building and the alterations are of great concern. This part of the AONB currently benefits from being classed as having "dark skies" due to low light pollution. This resource is a recognized asset of landscape character of the AONB which possesses the predominant part of the remaining 5% of the South East England resource. The AONB Management Plan cites the protection of this as a key management aim. The use of the building for tourism purposes will result in light from windows in the south east aspect being visible in long distant views.

The AONB Officer considered the proposal to include balustrading and decking to be an inappropriate urbanizing impact which should not be included in proposals for barn conversions. In addition, he noted that the proposal to provide a visibility splay will require the removal of a mature hedgerow and change the present rural character of this part of Chale Lane, to which he objects.

The AONB Officer considers that there would appear to be some confusion about the applicants supporting letter indicating that the buildings are redundant and no longer required for agricultural activities. They also state that the deer are to be retained albeit at a reduced level and it is not clear how their husbandry will be serviced. If lower levels of deer are able to be maintained without the use of the building we would ask whether the stocking level triggered the need for the construction of the building. It is questioned whether it is intended to subdivide the property from the farm holding. The large curtilage being proposed for the barn conversion would impact on the landscape and the provision of car parking on this plot would change the visual character of the area.

Concern is also raised about the conversion of the building to one unit and the viability of this in the tourism market. Concern is also raised about potential for future change to residential use on the basis of the lack of a market for a single large tourism unit.

On the basis of the above, it is believed that the application cannot be viewed as a straightforward farm diversification and strong objection is raised as it is believed to be detrimental to the conservation and enhancement of the AONB. Further information should be provided in respect of the farm diversification.'

· Following submission of revised plans, further comments were received from the AONB Partnership indicating that they remain concerned about the history of the site which has led to this proposal. Whilst they accept that Counsels advice suggested that the structure benefited from permitted development rights as an agricultural barn, they asked whether there is scope to formally consider this important issue first, by encouraging the applicant to seek a Lawful Development Certificate. They consider that such an application for lawful development would provide clarity and a formal public record on this crucial issue.

The AONB unit welcome the applicant’s attempt to retain the integrity of the existing hedgerow on the proposed entrance to the site, through cutting back rather than removal. However, should the Highway Authority insist that the hedge is removed to provide further visibility, they would wish to retain their objection on the grounds of the importance of this landscape feature. In addition, they remain concerned at the increased number of window openings on the south west elevation and, whilst accepting that they are necessary to service the first floor rooms, concern is expressed at the impact they may have on the area as a result of light pollution when the building is occupied at night. An objection is also raised to the inclusion of two rooflights in the revised design for the provision on natural light to en-suite bathrooms. The AONB unit also comment that the current roofing materials to the barn, i.e. concrete roofing tiles, are not a material that would normally be supported for use in a barn conversion in the AONB and that slate would be more typical and less visually intrusive. However, they accept that this structure was roofed as part of the asserted permitted development rights.

They advise that it is essential that the development is tied to the overall land holding of the applicant through legal agreement to prevent the sale of the structure and sub division of the holding. This is considered to be consistent with all diversification projects, the aim of which is to secure the continued viability and agricultural activity of farm holdings. Without such an agreement, it is believed that the proposal would not be consistent with national planning policy and the Unitary Development Plan. In addition to this requirement, the AONB unit suggest that, should the Authority be minded to approve the application, the proposal should be subject to the following restrictions:

1. Prevent the converted structure from being used for any purpose other than tourism accommodation.

2. Require full planning consent for any future agricultural barns on the holding, removing agricultural permitted development rights.

3. Negotiate whether an agreement can be secured to require the removal of all deer fencing on the holding should deer no longer be farmed in the area. This would secure a landscape gain and prevent a redundant structure from continuing to have an impact on the landscape on the area.

4. Prevent the erection of structures or external storage of equipment within the cartilage of Gladices Barn and thus prevent its use as domestic curtilage/gardens retaining its rural setting.

5.2 Parish/Town Council Comments

Chale Parish Council object to the application for the following reasons:

· The proposed changes would be an unwarranted intrusion into the AONB contrary to C2 of the Unitary Development Plan.

· The proposals could result in loss of privacy to near neighbours.

· Increased tourism use could cause access and congestion problems.

· The Council is concerned that drainage provision may not have been sufficiently addressed.

In addition the Council have requested that the application is dealt with by the Development Control Committee within the spirit of the Parish Protocol.

Additional comments were subsequently received from the Parish Council for consideration as follows:

· To grant change of use to residential holiday accommodation would set an unusual precedent as the property was originally built without permission for agricultural purposes. If granted this development would contradict original planning conditions.

· At Public Question Time a neighbour expressed serious concerns regarding the density of sewage generated by a seven bedroom tourist unit.

· It was alleged that the applicants do not live at the address quoted on the application forms.

· Concerns have been raised by members of the public regarding the geological stability of the land.

5.3 Neighbours

Twenty-six letters of objection have been received in respect of this application as well as copies of letters and other correspondence forwarded from members. The matters raised are summarised below:

· The barns were originally erected as permitted development for agricultural use but it appears more as a large dwelling in terms of design and use of materials. The building has not been used for agricultural purposes and this proposal would circumvent the planning authority. A seven bedroom dwelling would not have been originally approved in this location.

· There was a previous refusal for a dwelling on this site in 1979.

· Proposal would intrude into the AONB.

· There is inadequate drainage.

· Increased use resulting from seven bedroom accommodation could cause traffic congestion in the narrow lanes which have tight bends and are also used by walkers and horse riders.

· A recent application for a fence for a neighbouring property was refused because of the impact on the AONB.

· The design and appearance of the building including large windows, external decking and parking areas does not reflect the local vernacular and is considered inappropriate.

· The need for an agricultural building in conjunction with the ongoing deer farm is questioned.

· The size of the unit is questioned with the provision of seven bedrooms possibly accommodating up to sixteen people which would be unsuitable for a unit of holiday accommodation.

· The removal of hedges together with the provision of car parking adjacent to the footpath would be inappropriate.

· Noise, light pollution and smells from the sewerage system would be intrusive.

· The building is visible from the heritage coast and an inspection should be made.

· The land is very wet and there has been ground movement in the vicinity.

· The alterations and change of use of the building would result in loss of privacy and intrusion into the amenities of nearby residential properties.

· The proposal would create a precedent for similar structures to be constructed for conversion in the future.

· The building is still not complete and if now redundant it should be removed completely and if not suitable for agricultural use the original design should be questioned.

· Lighting would impact on the level of illumination in the area which is important for its dark skies.

· The balcony increases the impact of the building and would be used as an outside room.

· There would be no obvious benefit to the local economy from the conversion.

· Increased noise would be intrusive in an area which is valuable for its conservation and wild life importance.

· There is potential for future use of the building as a permanent dwelling.

Following publication of the original report, two additional letters were received from local residents (from the same address) raising additional points as follows:

· Site meeting was held by former South Wight Borough Council and considerable doubt expressed as to actual purpose of the building reaching conclusion that there is justifiable apprehension that the building might by the start of a dwellinghouse. In this respect, MAFF questions suitability of the building for agricultural use.

· Building has relatively little use for agricultural purposes.

· Submitted plans do not show the extent of farm holding within ownership of the applicant.

· Members of the Committee should carry out site visits before any decision is made.

· If barn is no longer required it should be demolished.

5.4 Others

A letter has been received from the Council for The Protection of Rural England objecting on the basis that the site is located within the AONB and Unitary Development Plan Policy C2 is applicable which indicates that there should be no permanent changes to the landscape or development that appears to be of a permanent nature. In addition, SINC C274 is immediately adjacent to the site and Unitary Development Plan Policy C11 would require attention and management of important wildlife features and habitats. This is a development outside any defined settlement and could therefore be contrary to Policy G1. The development seems to be mainly a substantial new build isolated in the countryside and outside development boundaries and would therefore appear to be contrary to Unitary Development Plan Policy H9.

The submitted details do not include a "Whole Farm Plan" and there is no indication of the relevance of the development to the farm operation. It is believed that the proposal is merely an attempt to build a large new independent residence in the countryside. Notwithstanding the previous comments, it would be essential to impose the usual tourist occupancy limits on any approved developments.

The local lanes are small, quiet and very rural and are inadequate to cope with additional traffic. The lack of adequate access would contravene Policy TR7. It is understood that when consent was given for the barn some years ago there was a condition applied that it should only be used as a barn. We believe that there is no substantive reason why this condition should be changed. If it is redundant its condition would indicate that demolition would be the more appropriate option. Many barns have been converted to residences and a new replacement barn required. This would be completely inappropriate in this very isolated and environmentally sensitive area of the AONB.

A letter has been received from Island Watch objecting to the application as the building gives the distinct impression of having been designed as a house from the start where no new house would have been permitted. Conversion to holiday accommodation would surely be a prelude to residential status. If the barn is redundant it should be demolished and the countryside restored to its former state.

6. Evaluation

6.1 The main issues in respect of this application are considered to be whether the proposed alterations and change of use would comply with relevant government guidelines and local plan policies and whether the proposals would adversely impact on the character and appearance of the rural area which is a designated AONB.

6.2 This application relates to a relatively modern structure situated in an isolated rural location within the designated area of Outstanding Natural Beauty and outside any designated development envelope. The building was originally erected for agricultural purposes and following legal determination was deemed to be permitted development not requiring planning approval. The building has been constructed using traditional forms and materials but differs in detail from traditional barns in terms of the size and number of openings, the overall height of the buildings and relatively shallow pitch of the roof. It was however originally constructed as an agricultural building and has been used in conjunction with the deer farm.

6.3 Information submitted with the application clearly indicates that whilst the building was originally required for agricultural purposes, changes in agricultural practice and in this individual business have resulted in the building becoming redundant for this purpose. Members will also be aware that government advice contained in PPS7 indicates that it is not normally necessary to consider if the building is no longer needed for the present purposes when considering applications for change of use.

6.4 Policy C17 of the Unitary Development Plan relates to the re-use of rural buildings and indicates that proposals for business, community or tourism purposes would normally be acceptable provided buildings are capable of conversion without substantial alteration or reconstruction and any proposed conversion respects the local character, building styles and materials and that the form, bulk and general design for the building are in keeping with its surroundings. This policy also indicates that any traffic generated should be safely accommodated by the site access and the local road system and that no significant external changes to the curtilage would be required which would significantly harm the amenity of the area. Whilst acknowledging the concerns raised regarding the history of the development on this site and the construction of this building, it is considered that the proposal now under consideration essentially complies with the criteria in Policy C17.

6.5 In addition, Policy C15 refers to appropriate agricultural diversification and indicates that appropriate diversification may be acceptable and should be evidenced by the provision of a whole farm plan to show that the proposed enterprise will be well integrated with the existing operation and would not cause unacceptable severance or disruption of the farm unit or be likely to threaten the viability of the holding. The applicant has submitted supporting information in this respect as well as a letter from the NFU.

6.6 Policy T9 relates to small scale rural tourism development and indicates that development ancillary to an existing farming operation may be acceptable in principle if they involve the conversion of suitable farm or rural buildings that are directly related to existing heritage and landscape qualities of the area and do not detrimentally affect areas of acknowledged importance. In this case, whilst concerns have been raised about the design and appearance of the building and the proposed alterations, the building is relatively well screened in the immediate locality although it is seen from more distant views. The building is of traditional form, substantially constructed and uses traditional materials and finishes. This is an established feature in this locality and the proposed change of use would not significantly alter its character or appearance or increase its visual impact. In this context members are advised that revised details have been submitted omitting the timber decking originally proposed and showing landscaping and parking areas which would be well integrated into the rural character of the area and would not be visually intrusive. I do not therefore consider that the proposed conversion in itself would have any greater impact on the character or appearance of the area than the existing building. Should Members be minded to approve the application it is suggested that conditions would be applicable to ensure that no further alterations, extensions or other structures are erected which would increases the visual impact in this locality and that external lighting is strictly controlled.

6.7 Concerns have also been expressed regarding the suitability of the access and the local road network to accommodate the proposed use. The existing building is accessed directly from Chale Lane and the agricultural use of this building could have resulted in a significant number of traffic movements and use by large vehicles as suggested by the applicants. The submitted details indicated that there would be no overall increase in the size of the building although the change of use would result in a different type of vehicular use, possibly including more traffic movements but with smaller vehicles. The Highway Engineer has requested visibility improvements which would result in some loss of the roadside hedge. This would be kept to the minimum necessary bearing in mind the nature of the access roads and limited vehicle speeds as outlined by the Highway Engineer. Nevertheless members will be aware that the loss of any of this hedgerow would be of concern in this sensitive location and the importance of the road side hedges to the character of the area. The possibility of a separate access via Gladices Lane has also been raised but this would also result in significant loss of the roadside hedge in Gladices Lane as well as requiring visibility improvements at the junction with Chale Lane. Overall it is not considered that there would be any benefit in this proposal providing the existing access to Chale Lane could be improved in accordance with the latest revised details which also show the planting of a replacement hedge behind the visibility line. It has been confirmed that the existing hedge does not qualify as important under the provisions of the Hedgerow Regulations and its replacement would therefore be acceptable.

6.8 Comment has been made that the proposals would adversely impact on the local Site of Importance for Nature Conservation. This is located some distance from the existing building and discussions with the Council's Ecology Officer have indicated that no significant adverse impact would be expected as a result of a change of use of this building.

6.9 Members are also advised that revised details have been submitted which have minimised any alterations to the exterior of the building including the removal of the timber decking which would be replaced by a simple raised platform constructed of stone and brick which would be less visually intrusive and similar to traditional loading platforms associated with rural buildings. Additional landscaping details and revised car parking arrangements have also been shown which would minimise any change to the overall rural character of the setting of the building. The applicant has confirmed that any external lighting would be kept to a minimum and be discreetly designed and located. I suggest that conditions would be appropriate to control these matters.

6.10 Whilst I appreciate and sympathise with concerns expressed locally about the complex planning history of this property, I do not believe that the proposal now under consideration would conflict with national or local policies which generally encourage farm diversification and re-use of rural buildings in order to diversify the rural economy. The applicants have submitted clear evidence that the building has been used for agricultural purposes and that changes in the farm business have resulted in the building becoming redundant. Essentially therefore this case is similar to many other agricultural businesses where traditional barns are no longer required or suitable for their original purpose and a suitable re-use would therefore be acceptable in accordance with the terms of Unitary Development Policy C17.

6.11 The supporting evidence indicates that whilst the holding is not strictly a working farm, the income from the holiday unit would be used to support the existing business. In this respect, the submission of a Whole Farm Plan has clarified the situation regarding the applicant’s land holding and the activities undertaken thereon. Whilst the isolated parcel within which the barn is located was not considered in itself to be a working farm, this clearly forms part of a larger area which is used for agricultural purposes. Notwithstanding the comments of the Policy Team Leader, members are advised that recent appeal decisions have clearly indicated that it is not considered acceptable to limit periods of occupancy of holiday accommodation.

6.12 It is considered important that should the application be approved that conditions would be appropriate to ensure that the building is retained for holiday use with the overall farm holding in order to provide additional income as required by the applicant. I consider it important that the building should not be sold off separately which would sever this from the overall holding contrary to the requirements of Policies C15 and C17. A legal agreement is also proposed to ensure that no additional buildings are constructed within the holding without the prior consent of the planning authority. This would protect the overall quality and characteristics of the designated AONB. I also suggest that conditions would be appropriate to control any landscaping and external lighting at the property and to ensure that the materials and details of the development are carried out to respect the character of the area. In response to the AONB Partnership’s suggestion that the applicant should be encouraged to seek a Lawful Development Certificate for the barn, in order to establish that it benefited from permitted development rights, Members attention is drawn to the relevant history section of this report which outlines the history of this building and, more particularly, the measures adopted by the former South Wight Borough Council in considering this issue. Even if it were disputed that Counsels opinion was incorrect, given the time which has lapsed since this exercise was concluded, it is considered that it would be extremely difficult to justify withholding a Lawful Development Certificate.

6.13 The Local Planning Authority has engaged the services of an agricultural consultant to consider the Whole Farm Plan and whether the proposal before Members represents an appropriate form of agricultural diversification. The Council’s consultant has carried out a careful assessment of this proposal and the activities currently undertaken by the applicant. In this respect, he is satisfied that the applicant is currently engaged in farming and can therefore be considered as a farmer. It is also his opinion that, given the size of the farm and the type of farming that is currently undertaken, these activities alone will only produce a modest level of profitability. Having considered the plans, he is satisfied that the barn is clearly capable of conversion and has given careful consideration to the costs of this proposal, particularly as the costs involved are crucial to whether the barn will provide a return to the applicant. In this respect, the figures put forward by the applicant indicate that the cost for the conversion of the barn should not exceed £175,000 plus VAT with £10,000 to be allowed for planning and other costs. However, the Council’s consultant has expressed concern that these figures do not present an accurate reflection of the likely cost of converting the barn and, following discussions with a chartered building surveyor, suggests that a more realistic figure for the cost of converting the building would be nearer £400,000, which would exclude construction of the terrace, the landscape works around the property and the improvements to the access. This figure is based on industry standard figures.

6.14 The Council’s consultant concluded that, whilst there is support in Planning Policy Statement 7 for the conversion of agricultural buildings to tourist accommodation as part of a general farm diversification scheme, clearly each proposal must be approached with care and consideration and the primary thrust of the statement is that diversification should be used to support the continuing viability of many farm enterprises. Therefore, it must be clearly demonstrated that the proposal adds to the viability of the farm. It is accepted that the applicant is farming at the present time and that the current activities provide a marginal profit. Therefore, diversification in order to create a second income stream would be beneficial to the future sustainability of the agricultural business.

6.15 Having regard to the advice from the Council’s consultant, it is clearly necessary to consider carefully the cost of the proposed conversion and the likely return this proposal will provide for the farm business. In this respect, the consultant suggests that there is a substantial difference between industry standard figures and the applicants own assessment of the cost of the conversion of the barn. He therefore advises that it is not possible to consider the application until a properly costed specification of the proposed works is available and once the true cost of conversion of this building is known, the appropriateness of the proposal can be assessed and whether it will make a positive contribution to the agricultural business.

6.16 In response to the advice from the Council’s consultant, further discussions took place with the applicant which resulted in the submission of additional information providing the estimated cost for the conversion of the building, including quotations for materials and services to be provided by skilled tradesman. In addition, the applicant has indicated that he intends to provide an element of direct labour thereby reducing the overall cost of the conversion. On the basis of the quotations obtained, together with the intention to provide an element of direct labour, the applicant estimates that the cost of the conversion would amount to approximately £166,000. Notwithstanding this additional information, the Council’s consultant was still not satisfied that the figures put forward by the applicant provided a detailed costing of the conversion of the building and remained concerned with regard to the true cost of this proposal. He therefore suggested that further detail was sought in order to confirm that the schedule of costs put forward by the applicant are reasonable and can be justified as a departure from industry standards. Alternatively, the consultant suggested that the Council could commission its own quantity surveyor or architect to prepare a detailed specification on the basis of the plans put forward by the applicant and to then have the specification or bill of quantities costed to give a clear guide as to the cost of the conversion of the building.

6.17 In the absence of a more detailed costing from the applicant, advice has been sought from the Council’s in house quantity surveyor who has provided an estimated cost for the conversion of the building. On the basis of the information available, he estimates that the cost for the conversion of the barn, if carried out by a competent contractor, would be in the region of £230,000. However, he indicates that if the applicant wishes to take on the contract management and ordering and wishes to carry out certain manual works, this could result in a substantial saving in the region on £60,000, giving a revised costing of approximately £170,000, exclusive of VAT.

6.18 Further discussions have been undertaken with the Council’s consultant and whilst he remains concerned that the cost of converting the barn to industry standard would be higher than both the applicants figures and the costings prepared by the Council’s quantity surveyor, he advises that if this cost can be met, then the proposal would represent an appropriate form of farm diversification.

6.19 On a final point, it is understood that the applicant has established a small beef enterprise, currently amounting to approximately 20 animals, although this is not addressed in the Whole Farm Plan submitted to the Authority. This information has been drawn to the attention of the Council’s consultant who advises that, whilst the Farm Plan does not make reference to this activity, he did not consider that a herd of this size would significantly increase the agricultural productivity to an extent that diversification will no longer be required.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard and appropriate weight to the material considerations outlined in this report, whilst I note and understand the concerns raised in the representations, and appreciate the somewhat unusual history of this building, I am of the opinion that the principle of re-use of the building for holiday accommodation and alterations as shown on the revised details submitted with the application would conform with the relevant national and local policies and do not consider that the concerns raised would be sufficient to warrant refusal of the application. Furthermore, having considered the applicants’ Whole Farm Plan and the advice provided by the Council’s own consultant, I am satisfied that, on balance, the proposal represents an acceptable form of farm diversification which will make a positive contribution to the viability of the farm holding. In order to ensure that the use of the building is restricted to holiday purposes only and that the holiday let is retained with the farm holding and continues to provide an additional source of income to support the agricultural activity, your officers would recommend that any planning permission granted should be subject to appropriate conditions.

8. Recommendation

Conditional Permission (Revised Plans) - Subject to provision of a standard barn conversion letter.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 2 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	The development hereby permitted shall not be initiated by the undertaking of a material operation as defined in Section 56 (4) (a) - (d) of the Town and Country Planning Act 1990 in relation to the development hereby permitted until a planning obligation pursuant to Section 106 of the said Act relating to the land at Windmill Wood Farm and Pyle Farm has been made and lodged with the Local Planning Authority and that the Local Planning Authority has notified the person submitting the same that it is to the Authority's approval. The said planning obligation shall require the removal of any fencing on land within the holding of Windmill Wood Farm and Pyle Farm which is no longer required for the purposes of agriculture and the keeping of deer. The agreement shall also require that no additional agricultural buildings are erected on the land to serve Windmill Wood Farm and Pyle Farm without the grant of further planning permission. Reason: In the interests of the landscape character in the area and to comply with policies C1 (Protection of Landscape Character) and C2 (Areas of Outstanding Natural Beauty) of the Isle of Wight Unitary Development Plan.
3	The accommodation hereby approved shall be used solely for holiday accommodation and shall not be used as a main or permanent residence. Reason: To ensure that the development remains for holiday purposes and to comply with policies T1 (Tourism) and T3 (Holiday Accommodation) of the Isle of Wight Unitary Development Plan.
4	The holiday accommodation hereby approved shall be retained in the same ownership as the remainder of the holding identified in the approved plans by the area edged blue, and shall not be sold off or disposed of separately without the prior written consent of the Local Planning Authority. Reason: To ensure that the unit is managed and supervised for the benefit of the farm holding in accordance with policies C15 and C17 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 (yellow) on the approved plan (Drawing No. 2004/1956/03). Nothing that may cause an obstruction to visibility shall at any time be placed or be permitted to remain within that visibility splay. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
6	Development shall not begin until details of the junction between the proposed service road including provision of separate pedestrian access to the public footpath and the highway have been approved in writing by the Local Planning Authority; and the building shall not be occupied until that junction has been constructed in accordance with the approved details. Reason: To ensure adequate access to the proposed development and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
7	No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include [proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting, etc); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines, etc), indicating lines, manholes, supports, etc including replacement hedge to the visibility splay fronting Chale Lane retained historic landscape features and proposals for restoration, where relevant. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
8	No development shall take place until a scheme of landscape implementation and maintenance for a minimum period of 5 years has been submitted to and approved in writing by the Local Planning Authority. All hard and soft landscape works shall be carried out in accordance with the approved scheme. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved design and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
9	In this condition "retained hedge or hedgerow" means an existing hedge or hedgerow which is to be retained in accordance with the approved plans and particulars. This includes the roadside hedges fronting Chale Lane and Gladices Lane. (a) No retained hedge or hedgerow shall be cut down, uprooted or destroyed, nor shall any retained hedge or hedgerow be reduced in height other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. (b) If within a period of 5 years from the completion of the development the whole or any part of any retained hedge or hedgerow is removed, uprooted, is destroyed or dies, another hedge or hedgerow shall be planted at the same place and that hedge or hedgerow shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority. (c) The erection of fencing for the protection of any retained hedge or hedgerow shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any fenced area in accordance with this condition and the ground levels within those areas shall not be altered nor shall any excavation be made or fire be lit, without the written consent of the Local Planning Authority. Reason: To ensure the continuity of amenity afforded by existing hedges or hedgerows and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
10	The use hereby permitted shall not commence until details of any external lighting to be installed have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details and no additional lighting shall be installed/erected without the prior written consent of the Local Planning Authority. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
11	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order, with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed. Reason: 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.
12	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no development within Classes A to E of Part 1 or Class A of Part 2 of Schedule 2 to that Order shall be carried out (other than that expressly authorised by this permission). Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
13	No development shall take place until samples of materials 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.
14	The development hereby permitted shall not be carried out except in complete accordance with the details shown on the approved plans which accompany the Decision Notice. 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.
15	No development approved by this permission shall be commenced until a scheme for the provision and implementation of foul drainage works has been approved by the Local Planning Authority. Thereafter development shall be carried out in accordance with the approved details and the drainage system completed prior to occupation of the building. Reason: To minimise the risk of pollution and to comply with policy P1 (Pollution and Development) of the Isle of Wight Unitary Development Plan.

05

Reference Number: P/00069/06 - TCPL/20583/N Parish/Name: Arreton - Ward/Name: Central Rural Registration Date: 17/01/2006 - Full Planning Permission Officer: Mr C Hougham Tel: (01983) 823552 Applicant: Mssrs A & N Gibbs Proposed single storey building to form craft shop/reception area to include covered entrance & display area; alterations to vehicular access & formation of car park, (revised scheme) Arreton Barns, Main Road, Arreton, Newport, PO30 The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This is an important application for quite significant engineering works in a sensitive location which has attracted conflicting responses from internal consultees.

1. Details of Application

1.1 This is a revised scheme following on from an earlier application which was withdrawn on officer advice in December 2005.

1.2 This is a detailed submission which essentially comprises two constituent parts.

· Proposed single storey building to form craft shop/reception area to include covered entrance and display area occupying a position presently taken up by a marquee for those who are familiar with the site. The proposed building will be relatively low profile timber framed construction clad in horizontal light stain timber cladding under a plain clay tile roof providing approximately 85 sq metres of floor space which is less than 1,000 sq feet.

· Alterations and improvements to the existing vehicular/pedestrian access onto Main Road and the formation of a large car park capable of accommodating up to 200 vehicles on open land to the west of the existing commercial/tourist complex. Proposed main car park will provide spaces for up to 100 vehicles including disable parking with an adjacent overflow parking area capable of accommodating a similar number of vehicles. Application is supported by detailed drawings prepared by a landscape architect which will be referred to in detail elsewhere in this report. Improvements to the existing access will include quite substantial engineering works to improve visibility and provide the necessary manoeuvering space for coaches and delivery vehicles in combination with a right turn lane within the existing carriageway on the recommendation of the Area Highway Engineer.

1.3 The application is supported by the following documentation prepared and collated by the applicant’s agent.

· Planning and Design Statement which includes sections on the following issues:

o Car park proposal

o Justification for the size and location of the proposed car park

o Access proposals

o Footpath creation

o New craft and reception building

o Extending the tourism complex

Statement also makes reference to the prevailing special designations as the site is within an Area of Outstanding Natural Beauty and is also within a designated Conservation Area. Reference is made to extensive and lengthy consultations prior to the submission of the first application and in the intervening period following the withdrawal of that application leading up to the submission of this revised scheme. The agent concludes with the following observation.

The overall aim is to create a high quality tourist attraction which builds on the success and popularity of the existing complex, while complimenting the important buildings and landscape setting of the area. The proposals represent a substantial investment and will lead to the creation of additional jobs and opportunities for local craftsmen. We believe that these proposals can be achieved in a sympathetic and attractive manner that will provide and enhanced facility which will significantly benefit island tourism.

· Business Statement prepared by the applicant gives and outline of the family business partnership, the history of Arreton Barns, the development to date, the craft units, an analysis of turnover including coach and visitor numbers, financial information, proposed future developments and support from local business. There is additional information in terms of visitor numbers and financial turnover attached to this report.

· Workplace Transport Risk Assessment and Survey prepared in December 2005.

· Letters of support from the local church warden, the proprietor of the White Lion (PH), various craftsmen and retailers already based at Arreton Barns and the Maritime Museum presently located at Bembridge who apparently intend to relocate to Arreton Barns.

Information contained in this supporting documentation will be referred to elsewhere in this report.

2. Location and Site Characteristics

2.1 Members will be familiar with this well established and popular tourist/commercial attraction situated on the western edge of the village of Arreton to the north of Main Road (A3056).

2.2 Those that have visited the site will know that there is an existing access onto Main Road which serves an unmade car park in front of a complex of converted buildings and outbuildings comprising a large retail outlet, craft workshops and a public house/restaurant (Dairyman’s Daughter) with various ancillary facilities and attractions.

2.3 Unfortunately, the success and popularity of this particular attraction has led to some instances of unauthorised development and also, more importantly, the unauthorised use of adjacent land as an overspill car park particularly during the summer months.

3. Relevant History

3.1 There is a long, detailed and complex planning history relating to this particular site leading up to the establishment of the present use which has now been operating successfully for a number of years.

3.2 Pre-submission discussions and negotiations in connection with the proposals now under consideration have been ongoing for a considerable period of time and have involved consultations and meetings with the AONB Officer, Conservation Officer and the Area Highway Engineer. This culminated in the submission of a detailed planning application in September 2005 which comprised four specific elements.

· Single storey building to form craft/reception area including covered entrance and display area.

· Conversion of farm buildings to the rear of the site for craft/display purposes

· Alterations to vehicular access and formation of car park

· Retention of associated structures.

3.3 Following the statutory advertisement period and the receipt of a number of responses, mostly from specialist internal consultees, the Case Officer wrote to the applicant’s agent in the following terms:

· Decisions to refuse earlier applications for the intensification of the existing use.

· Background to the various unauthorised structures and works on site which had resulted in the service of a Planning Contravention Notice (PCN).

· Detailed responses from the Head of Tourism, the AONB Officer, County Archaeological Officer, Conservation Officer and Area Highway Engineer.

· Advice that the Council, as Local Planning Authority, was unable to support the application for a variety of reasons.

3.4 Agent was advised that essentially, he was asking the Council, against a background of overarching tourist promotion policies, to support a significant intensification and expansion of the craft centre with associated facilities in a sensitive rural location where local planning policies set restrictive criteria to control development. He was told that although these constraints do not necessarily establish an assumption against all new development within the existing curtilage and on recently acquired land adjacent Arreton Barns they would require a thoroughly researched and well evidenced argument in support of the proposals if the application is to be approved. Consequently, the agent was advised that the application should be withdrawn and that any future submission should be accompanied by a properly researched business plan, statistical evidence on the number of visitors to the site and a detailed landscape assessment.

3.5 Agent and his clients accepted this advice and decided that the most appropriate way forward was to provide the information required by the Case Officer in connection with a rationalised application which focused simply on the new craft/reception building and the proposed car park with associated improvements to the existing vehicular/pedestrian access to the site.

4. Development Plan Policy

4.1 National Policy Guidance

National polices that may be applicable to this particular submission.

· PPS1 - Delivering Sustainable Development

· PPS7 - Sustainable Development in Rural Areas.

· PPG15 - Planning and the Historic Environment

· PPG21 - Tourism

Most pertinent advice in this particular case appears in PPS7 and PPG15.

In PPS7 Local Planning Authorities are encouraged to develop a policy framework with the following objectives.

· Support sustainable rural tourism and leisure development that benefit rural businesses, communities and visitors and which utilise and enrich, but do not harm, the character of the countryside, towns, villages, buildings and other features.

· Recognise that an area statutory designated for their landscape, nature conservation or historic qualities, there will be scope for tourist and leisure related developments, subject to appropriate control over their number, form and location to ensure the particular qualities or features that justify the designation are conserved.

· Ensure that any plan proposals for large scale tourism and leisure developments in rural areas have been the subject of close assessment to weigh up their advantages and disadvantages to the locality in terms of sustainable development objectives.

On the matter of tourist and visitor facilities paragraph 35 (ii) says:

Local Planning Authorities should allow appropriate facilities need to enhance visitors’ enjoyment, and/or improve the financial viability of the particular countryside feature or attraction, providing they will not detract from the attractiveness or importance of the feature, or the surrounding countryside.

In PPG15 paragraph 4.14 states that section 72 of the Act requires special attention should be paid in the exercise of planning functions to the desirability of preserving or enhancing the character or appearance of a conversation area

4.2 Strategic Policies

Relevant strategic policies are as follows:

S1, S4, S5, S6, S10 and S11

4.3 Local Planning Policies

Relevant Local Planning Policies are as follows:

· G4 - General Locational Criteria for development

· G5 - Development Outside defined Settlement

· D1 - Standards of Design

· D2 - Standards for Development within the Site

· D3 - Landscaping

· D12 - Access for People with Disabilities to Buildings open to the Public

· B2 - Settings of Listed Buildings

· B6 - Protection and Enhancement of Conservation Areas

· E8 - Employment in the Countryside

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

· T2 - Tourist Related Development (Other than Accommodation)

· T9 - Small Scale Rural Tourism Development

· C1 - Protection of Landscape Character

· C2 - Areas of Outstanding Natural Beauty

· TR3 - Locating Development to Minimise the Need to Travel

· TR7 - Highway Considerations for New Development

· TR16 - Parking Policies and Guidelines

5. Consultee and Third Party Comments

5.1 Internal Consultees

· Area Highway Engineer has submitted detailed and comprehensive observations in support of his recommendation for conditional permission including the justification, design and layout of the right turn lane in Main Road (A3056), policy in relation to parking provision, layout and control of the proposed car park, junction improvement, internal arrangements and pedestrian linkage. He suggest the imposition of a number of conditions including a Grampian type condition in respect of the works within the classified highway; a management plan (or scheme) in respect of the proposed car park; a wheel wash to ensure that the main carriageway is kept clear from materials associated with extensive engineering works and a requirement for a full Stage 1 and 2 Safety Audit before any works to the highway can be undertaken.

· AONB Officer reiterates her earlier concerns at the level of intervention required to mitigate for this development although he accepts that this is likely to be less than she previously envisaged. If approved, she wants to see strict conditional control and some degree of community benefit in connection with the use of the new car park. She concluded in the following terms:

“While we still have concerns with the proposal for the car park, given that the site currently has capacity problems associated with unauthorised parking in a more visually prominent area and given the fact that the applicants own this parcel of land it would appear to be the best solution to the current problems. We wish to withdraw our objection to the application but wish to see a landscaping condition in order that the final, layout of the car park should be approved in writing by the Local Planning Authority.”

· Council’s Conservation and Design Team Leader objects to the application. She has expressed concerns about the wider context of the proposed development including future aspirations and the level of unauthorised structures, signs etc. she has asked that if the current application is to be processed and determined favourably it is made clear that it is without prejudice to the consideration of any unauthorised works, and that an investigation is carried out urgently to clarify the situation. However, the principle of concern relates to the proposed car park, where she states:

….the level of engineering work required to create an attempt to “hide” this intrusion into the countryside clearly indicates to me that it is an appropriate form of development in this location. The boundaries do not relate comfortably to the feel pattern so appears as an alien intrusion in terms of its shape as well as it’s over engineered ditches, banks and bundings. In addition, the formality required to regulate the parking layout, even at this level, is over regimented for such a rural location. This along with “orchard” planting and lighting and no doubt signage renders this proposal inappropriate and harmful to the character to the Conservation Area.

In similar terms she also identifies that in her view the alterations to the existing vehicular access will suburbanise this rural location and exacerbate the erosion of the simple rural character of this part of the Conservation Area.

She submitted her observations before a recent meeting with the applicant’s agent prior to the compilation of this report. However, she has since reaffirmed her objections to the scheme.

5.2 External Consultees

· English Heritage have indicated that they do not wish to comment in detail on the application but have nevertheless submitted some general observations.

o They would prefer to see the proposed car park moved further away from Arreton Manor, probably using the narrower field, immediately adjacent to Main Road.

o They recommend that the application should be determined in accordance with Nation and Local Planning Guidance and on the basis of our specialist conservation advice.

· Town/Parish Councils

Arreton Parish Council object to the application for reasons that are very similar to those from the owner of Arreton Manor (see below).

5.3 Neighbours

· Representations have been received from the owners of Arreton Manor, which as Members know is located to the north of Arreton Barns with access off Downend Road and to the northeast of the proposed car park, and the owners of Arreton Manor Farmhouse, which his behind the Dairyman’s Daughter.

o Owners of Arreton oppose the proposed car park because of its close proximity to the Manor which is a historic building of great importance and the setting today is not dissimilar to how it would have been hundreds of years ago. They feel that a car park with a capacity of up to 200 cars is excessive in a rural location.

They also express concern at the relationship between the proposed car park and the Manor pointing out that their own car park is more than sufficient for their own visitors. They suggest that the car park should be redesigned based on the existing parking facility and the existing (unauthorised) overflow car park in order to minimise any adverse effect on Arreton Manor.

o In similar terms the owners of Arreton Manor Farmhouse which is behind the Dairyman’s Daughter (PH) support general improvements to Arreton Barns as a tourist attraction but have concerns about the proposed car park based on the likelihood of increased pedestrian movements, light pollution, noise and fumes. They are also concerned about the adequacy of the surface water arrangements.

They suggest an alternative arrangement to improve the “on-site” parking facilities not dissimilar from those put forward by the owners of the nearby manor.

6. Evaluation

6.1 There are a substantial number of issues that need to be taken into account in connection with the determination of this application. It is important to understand the principle material considerations in connection with the proposed development and the particular constraints relevant to the expansion or intensification of an established tourist/commercial outlet in a specially designated rural location. In the broadest possible terms these can be summarised in the following way.

· Desire to improve and enhance the attractiveness of an important fast developing tourist (and commercial) attraction.

· Aim to promote the conservation and enhancement of the AONB in accordance with the Countryside and Rights of Way Act 2000.

· Need to protect and enhance the character and amenities of a designated Conservation Area in accordance with the Listed Buildings Act 1990, National Policies contained within PPG15 and our own Local Planning Policies.

· Requirement to provide a safe means of access to the site and adequate “on site” parking facilities appropriate to the level of activity on the site, meeting the requirements of the Area Highway Engineer as well as controlling the degree of visual intrusion because of the importance of this particular location.

6.2 In my view it is also important to understand the ascendancy and almost inevitable operational difficulties and pressures created by this success of this tourist/commercial venture originally based around some semi-derelict agricultural buildings on the outskirts of Arreton within the designated Conservation Area for the village and with the Area of Outstanding Natural Beauty. Quite clearly this is not an ideal location particularly from a sustainability aspect in terms of transportation although this in itself is not untypical of numerous tourist attractions on the Island. It should be noted though that others have largely developed around a particular landscape feature and/or an inherent need for a rural location.

6.3 Nevertheless this is a well established attraction popular with both residents and visitors to the Island. Council, as Local Planning Authority, is responsible for controlling the intensity of this development which, in my opinion, falls into two very distinct areas.

· Essential works needed to sustain the present level of use with the craft shop/reception area with covered entrance and display area, improving the general facilities and hopefully replacing the majority of unauthorised and/or temporary structures and additions presently on site and providing a purpose designed car park with improvements to the existing vehicular access to provide adequate “on-site” parking facilities to handle the number of visitors to the site.

· Potential further expansion and intensification of the commercial/tourist use including conversion of former agricultural buildings, establishment of a picnic area etc.

6.4 Following negotiations some months ago with the agent and his clients, a decision was taken to focus this particular application on the former and to review the possibility of further expansion and intensification at a later date. Notwithstanding comments form the Conservation Officer this is regarded as the best way to approach the present capacity difficulties rather than trying to address that problem in combination with yet further development that could further increase the number of visitors to the site.

6.5 The proposed single storey building to form a craft shop/reception area including a covered entrance and display area is positioned at right-angles to the main building(s), known as the Corn Exchange, where the applicants currently have a marquee which has been on site for some considerable period of time. This is a low profile building of timber frame construction finished in timber cladding and clay tiles appropriate in this rural location and in keeping with the character of the site. Providing the construction and use of this building is in combination with the removal of the various unauthorised and/or temporary structures it is considered that it is likely to preserve and enhance the character and amenities of the area and, on this basis, there is no objection to this part of the application.

6.6 Without any doubt the most contentious aspect of this application is the formation of a large car park and, to a lesser extent, alterations and improvement to the existing access onto Main Road. This is a matter of balancing the need and justification for the car park, both in terms of position and size, against the obvious policy constraints in a sensitive area which have been expanded and highlighted by expert internal consultee responses from the AONB Officer and the Conservation and Design Team Leader.

6.7 Anyone who is familiar with this particular attraction will know that its success has created noticeable parking difficulties due to the limited size of the existing car park which has resulted in the unauthorised use of land adjacent to the Main Road as an overspill car park at various times mostly during the summer months. This is a most unsatisfactory situation and if this unauthorised use continues during the coming months, the Council, as Local Planning Authority, will be under an obligation to consider their discretionary powers in terms of possible enforcement action. Nevertheless the current situation is adequate evidence of need for increased parking facilities.

6.8 Having established the need it is important to examine the overall size of the proposed car park and the number of “on-site” parking space that will be created if this application is approved. Agent has stated in his supporting statement that it is essential that the proposed car park is of a sufficient size to meet the current and “reasonable future needs” of the complex without the need for any further overspill facility. On this basis, he claims that the peak overspill requirement is about 170 cars and, in his view, it seems reasonable to allow for future growth of about 15% in terms of overall demand. He comments:

“It must be recognised that any reduction in the capacity of the proposed car park could threaten the viability of not only the future development plans for the site, but also its current activities.”

6.9 His view is that as the attraction becomes more popular, visitors to the site are likely to stay longer and that this would inevitably lead to greater overlap of visitors and the need for a larger parking area. He accepts that, if approved, conditions would prevent any other land being used as an overspill area and a finite capacity of the site would be achieved.

6.10 These views would seem to be verified in the Business Plan prepared by the applicant which examines the last three seasonal periods in terms of the number of employees, financial turnover, weekly day time visitor numbers and daily overspill car park requirement. On this particular aspect it is clear that the existing authorised car parking facilities for up to 70 vehicles including visiting coaches, is wholly inadequate and the agent and his clients have attempted to demonstrate what would be the optimum number of spaces with some allowance for future modest expansion of the business.

6.11 Based on collective local knowledge of the present situation and in the absence of any evidence to counter the information included in the application, it would be difficult to sustain an objection against the overall capacity of the proposed car park if the Council wishes to avoid unauthorised overspill in adjacent areas, potential traffic congestion and parking outside the site which could result in potential hazards and also be visually intrusive. Certainly, the Area Highway Engineer is not objecting to the overall size of the car park but, of course, it is the size of the area which is one of the principal concerns of the Conservation and Design Team Leader in this sensitive rural location.

6.12 The final consideration in terms of the proposed car park is its position; the degree of engineering work in terms of levelling, land moulding, bunding etc, and the level of mitigation in terms of landscaping and relatively intensive planting in order to decrease, in the longer term, the amount of visual intrusion and the associated loss of amenity in terms of the character and the appearance of the AONB and this part of the designated Conservation Area. Submitted drawings indicate that the existing parking area will become a dedicated parking area for coaches, disabled persons and staff with an area close to the main building(s) to be used for summer exhibitions and winter parking. In order to create the new car park there will be engineering works to level the area with landscaped bunding inside a land drainage ditch around the western and northern edge of the car park which has been designed to partially screen the area during the interim period and largely screen the whole area in the longer term when the extensive planting programme matures. The main part of the car park, which will be in regular use, comprises a formal layout of almost 100 spaces in six horizontal bays with a separate entrance and exit onto the improved access drive leading back to Main Road. This area will be physically separated from the northern part of the car park, which will be used for overflow purposes, by rustic post and rail fencing including a timber gibbet barrier and a hedgerow. It is important to note that the main car parking area will have a stone chip surface while the overspill area will be a reinforced grass seeded meadow with access controlled by barriers. A feature of the car park area will be a planted orchard with necessary low level lighting. In support of this part of the overall scheme the applicant’s agent says:

……site for the car park is considered to be the best possible location, not only because it will be immediately adjacent to the new entrance area, but because it is the lowest area of land, where the opportunities for excavation, bunding and landscaping to screen the car park from surrounding areas are greatest.

6.13 The argument put forward is that this area is now and will be in the future less visually obtrusive than the area closer to Main Road preferred by the owners of Arreton Manor and Arreton Manor Farmhouse and the Parish Council.

6.14 If Members accept the submitted evidence in respect of need and the justification for the size of the car parking facility, in connection with the dedicated use of the existing car park, it would seem that in practical, operational and visual terms, it is, on balance, the preferred location. However, simply being the preferred location does not mean that there is an automatic presumption in favour of the development irrespective of the very necessary constraints imposed by the special designations referred to throughout this report. Members have to make a conscious decision as to whether the benefits in terms of maintaining a popular tourist attraction, the viability of the business, the avoidance of unauthorised parking elsewhere and potential traffic congestion outweigh the almost inevitable visual intrusion, certainly in the shorter term, from the extensive engineering works and subsequent use of the proposed car park. In this context, Members must decide the degree of weight to be attached to the advantages of allowing the development to take place and what, in their view, is the degree of visual intrusion with the mitigation illustrated in the application. Inevitably there is a degree of subjectivity in this type of decision and although considerable weight should be given to the views expressed by the Conservation and Design Team Leader, I am minded, on balance, to agree with the AONB Officer to support the formation of a car park of this size and in this position subject to very strict controls in terms of phasing, landscaping, planting and future maintenance.

6.15 The improvements to the existing access onto Main Road and the diversion of the public footpath are less contentious by comparison with the issues relating to the proposed car park but nevertheless a very important consideration where a balance has to be struck between highway requirements/safety and the impact in visual terms of these types of improvements. Once again, the view is taken that these improvements must be in conjunction with a comprehensive landscaping and planting scheme which is delivered within a reasonable timescale and maintained thereafter.

6.16 The recommendation is to grant conditional permission but in this type of case Members do have other options to consider prior to make a decision.

· Agree recommendation to grant approval.

· Accept this site as a preferred location but negotiate for a reduced size in terms of number of spaces/area.

· Accept the justification for the number of space/area but negotiate to reposition or reconfigure by using adjacent land or an alternative site.

· Refuse permission.

7. Conclusion and Justification for Recommendation

7.1 Hopefully Members will agree that this report highlights the very understandable concern about the creation and use of a large car park in an open field within a sensitive rural location. The other aspect relates to the well established use which has become a significant tourist/commercial attraction and the need to manage the number of visitors to the site without causing greater damage to the rural character of the area. In the circumstances, the view is taken that the Council, as Local Planning Authority, need to take a pragmatic view of the present situation and exercise a degree of flexibility in terms of the application of the normally restricted planning policies appropriate to a countryside location as reflected in the final observations of the AONB Planning Officer.

7.2 On balance, it has been decided to recommend approval subject to a number of conditions particularly in terms of construction work and the landscaping/planting programme. A deliberate decision has been taken to limit the standard condition to a one year consent in order to encourage the work to be carried out and completed at the earliest possible opportunity. Nevertheless, there are very obvious drawbacks to undertaking such a substantial construction works during the summer months and for this reason Members are invited to consider some kind of very short term “dispensation” in respect of the inevitable continued unauthorised use of the field to the west of the complex immediately adjacent to Main Road by agreeing not to take enforcement action in the coming months but to review the situation at the end of the tourist season.

8. Recommendation

8.1 Recommendation 1: Approval.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 1 year from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	The craft shop, hereby approved shall only be used for the sale of durable goods and for no other purpose, including any other under Class A1 of the Schedule of the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that class in any statutory instrument revoking and re-enacting that Order with or without modification. Reason: Land is situated within an area where general retail uses are not normally permitted and to comply with Policy R2 (New Retail Development) of the Isle of Wight Unitary Development Plan.
3	Development shall not begin until details of the design, surfacing and construction of any new roads, footways, accesses and car parking areas, together with details of the means of disposal of surface water drainage therefrom have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To ensure an adequate standard of highway access and drainage for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
4	The proposed car park hereby approved shall not be brought into use until the access improvements and the access road have been constructed, serviced and drained in accordance with the approved plans to the satisfaction of the Local Planning Authority. Reason: To ensure an adequate standard of highway access for the proposed car park and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
5	No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include [proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting, etc); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines, etc, indicating lines, manholes, supports, etc); retained historic landscape features and proposals for restoration, where relevant]. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
6	All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
7	No development shall take place until a scheme of landscape implementation and maintenance for a minimum period of 5 years has been submitted to and approved in writing by the Local Planning Authority. All hard and soft landscape works shall be carried out in accordance with the approved scheme. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved design and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
8	All hard and soft landscape work shall be carried out in accordance with the improved details and to the satisfaction of the Local Planning Authority prior to the proposed car park, hereby approved, being brought into use in accordance with the programme to be agreed by the Local Planning Authority. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
9	No development shall take place until details of earthworks have been submitted to and approved in writing by the Local Planning Authority. These details shall include the proposed grading and mounding of land areas including the levels and contours to be formed, showing the relationship of proposed mounding to existing vegetation and surrounding landform. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policies D1 (Standards of Design) and D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
10	The proposed car par, hereby approved, shall not be brought into use until full details of all external lighting to be installed have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interest of maintaining the amenity value of the area and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
11	In this condition "retained hedge or hedgerow" means an existing hedge or hedgerow which is to be retained in accordance with the approved plans and particulars. (a) No retained hedge or hedgerow shall be cut down, uprooted or destroyed, nor shall any retained hedge or hedgerow be reduced in height other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. (b) If within a period of 5 years from the completion of the development the whole or any part of any retained hedge or hedgerow is removed, uprooted, is destroyed or dies, another hedge or hedgerow shall be planted at the same place and that hedge or hedgerow shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority. (c) The erection of fencing for the protection of any retained hedge or hedgerow shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any fenced area in accordance with this condition and the ground levels within those areas shall not be altered nor shall any excavation be made or fire be lit, without the written consent of the Local Planning Authority. Reason: To ensure the continuity of amenity afforded by existing hedges or hedgerows and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
12	No development shall commence on the site until details of design of all building foundations and of the layout, positions, dimensions and levels of all trenches, ditches, drains and other excavations on the site, have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To avoid damage to health of existing trees and hedgerows and to comply with policy C12 (Development Affecting Trees and Woodland) of the Isle of Wight Unitary Development Plan.
13	The materials to be used in the construction of the external surfaces of the building hereby permitted shall match those used in the existing building. 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.
14	Development shall not begin until details of the design, surfacing, gradient and construction of any new roads, footways, accesses and car parking areas, together with details of the means of disposal of surface water drainage therefrom have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To ensure an adequate standard of highway access and drainage for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
15	The use hereby permitted shall not commence until space has been laid out within the site in accordance with drawing number PDM 04/011/05 B, for a maximum 220 cars (including staff and disabled spaces) and nine coaches 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 Isle of Wight Unitary Development Plan.
16	A parking area management plan including management responsibilities and maintenance schedules in respect of the communal parking area indicated on the plan hereby approved shall be submitted to and approved by the Local Planning Authority prior to the occupation of any part of the development. The parking area management plan shall be carried out as approved. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
17	No construction traffic shall enter the public highway during the site development unless their wheels and chassis have been cleaned to prevent the materials being deposited on the highway. Reason: In the interests of highway safety and in compliance with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
18	Prior to work commencing on site, details of a drainage system to be installed to prevent water from the access and parking areas flowing onto the public highway shall be submitted to and approved by the Local Planning Authority. The drainage system shall be implemented prior to occupation of the dwellings and thereafter retained and maintained in accordance with the approved details. Reason: In the interests of highway safety and in compliance with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
19	Prior to commencement of the development hereby approved details of the design, construction, surface water drainage and signing and lining of a right hand turn lane plus all associated works facilitating improved access to the site shall be submitted to, approved by and thereafter constructed to the satisfaction of the Local Highway Authority. Reason: In the interests of highway safety and in compliance with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
20	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.
21	No highway works shall commence on site until full stage one and two safety audits conducted under parameters defined by HD 19/03 (Design Manual for Roads and Bridges, Volume 5, Section 2 Part 2) have been undertaken and submitted to and approved in writing by the Local Planning Authority. Any matters arising from such audits shall be suitably addressed and indicated on drawings to be submitted to and approved in writing by the Local Planning Authority. The works shall thereafter by constructed in accordance with the approved plans. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.

8.2 Recommendation 2: That a letter be sent to the applicant’s and their agents explaining the basis of the decision to grant permission and advising that the continued use of the adjacent field as an overspill car park is unauthorised but, in the circumstances, no enforcement action will be taken during the coming summer months. The matter will be reviewed in six months time by when it is assumed that construction works in connection with the proposed car park will have commenced.

8.3 Recommendation 3: That a retrospective application be submitted within the next three months for those unauthorised outbuildings/structures etc. which the applicant wishes to retain on site and identifying when other structures will be removed from the site. The situation to be reviewed in six months time.

8.4 Recommendation 4: All improvements including diversions of existing footpaths on and within the vicinity of the site shall be completed to the satisfaction of the Head of Engineering Services before the proposed car park is brought into use.

06

Reference Number: P/00269/06 - TCP/27238/A Parish/Name: Havenstreet - Ward/Name: Ashey Registration Date: 14/02/2006 - Full Planning Permission Officer: Mr C Hougham Tel: (01983) 823552 Applicant: R J & D E Billings Ltd Demolition of workshop buildings; residential development of 2 detached houses & a pair of semi-detached houses with parking & new access drive off Main Road; closure of existing access, (revised scheme) land adjacent, Sans Souci, Main Road, Havenstreet, Ryde, PO33 The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The application has attracted a considerable number of letters of objection from local residents which conflict with the recommendation.

1. Details of Application

1.1 Application involves the demolition of a semi derelict former (agricultural) workshop and seeks detailed planning permission to redevelop the site with two detached houses and a pair of semi-detached houses with parking. Proposed development involves the closure of the existing access and the formation of a new access point onto Main Road about five metres to the north east closer to the existing house (Sans Souci). New access drive will have a width of 4.8 metres and cross the existing access into a proposed courtyard serving the four units and a purpose designed car port for four vehicles. The pair of semi-detached houses will be positioned at right angles to the western boundary of the site with the neighbouring property (Little Cedars) with a north/south aspect. The proposed car port will also back onto this boundary and the two detached houses will be positioned within the eastern limits of the application site facing in a westerly direction.

1.2 Application is supported by elevational details and floor plans of the proposed dwellings, an engineering drawing showing the position and geometry of the proposed new access onto Main Road, a detailed topographic survey and a design statement with supporting photographs.

1.3 Design statement deals with a number of issues including the following material considerations:

· Allocation in the Unitary Development Plan.

· Proposed access.

· Parking.

· Design principles and solution.

· Density of development.

1.4 Application is also supported by work carried out by engineering consultants on behalf of the applicants’ agent in connection with the proposed access arrangements; this includes a traffic survey.

2. Location and Site Characteristics

2.1 This is an ‘L’ shaped site which forms part of the relatively substantial curtilage of an older style detached residential property known as Sans Souci which stands approximately mid way along the frontage onto Main Road in a central position in the village of Havenstreet. Other than the identifiable domestic curtilage of Sans Souci much of the land outside the application site but under the applicants’ control is overgrown and borders onto the rear of properties in Main Road and Church Lane including St. Peters Church.

2.2 Application site itself has an area of approximately 0.2 hectare and is elevated above the level of Main Road in a relatively secluded position behind a detached bungalow known as Little Cedars. Existing access drive has a narrow width and poor visibility and runs adjacent to the north eastern (side) boundary of Little Cedars, where there is an extant permission for an additional dwelling. The semi derelict former workshop buildings are now unused and are falling into disrepair due to decay and some apparent vandalism. The one building is quite large comprising an original block or brick structure which has been the subject of a number of additions over the years and a much smaller shed. Hardstanding in front of these buildings appears to be used for limited “off street” parking.

3. Relevant History

3.1 In August 2005 a detailed application was submitted, similar to the application now under consideration, although it was not supported by the same amount of additional information. Both the Case Officer and the applicants’ agent were invited to attend a public meeting held at the local community centre on the 14 September 2005. Local Ward Member was also at the meeting which was well attended. Short time later the Case Officer advised the agent about his initial views, the initial observations of the Area Highway Engineer and identified further clarification of additional information that would be required before the application could be determined.

3.2 Subsequently the agent and his clients were advised to withdraw the application with a view to making a further (amended) submission at a later date. Agent eventually accepted this advice but only after a meeting with the Case Officer and the Area Highway Engineer to discuss a variety of issues relating to the possible development of the site but primarily access and the allocation in the UDP. A contemporaneous file note indicates that the Case Officer advised that in terms of overall strategy he preferred the submission of an “open” application but stressed that it would be necessary to deal with the obvious conflict that the allocation contained in the UDP, application may be treated as a “departure”, which may involve reference to GOSE if the Council were minded to grant permission, and the need to resolve the access problem. He also made it clear that, in his view, it would be necessary for the applicants and/or their agent(s) to positively engage with the local community through the local Member and/or the local environmental forum if they wish to move the matter forward with any reasonable prospect of obtaining planning permission.

4. Development Plan Policy

4.1 National Policy Guidance

Relevant national policies in this particular case:

· PPS1 – Delivering Sustainable Development

· PPG3 – Housing

PPS1 advocates sustainable development, good design including sustainability, integration into urban and natural environment, optimising the potential of sites, responding to local distinctiveness and appropriate landscaping.

PPG3 emphasises the need to provide a range and mix of house sizes, using brownfield sites, creating more sustainable patterns of development and supporting the efficient use of land (densities 30 – 50 units per hectare), good quality design, determination of designs in context rather than isolation and reducing levels of parking.

4.2 Strategic Policies

Relevant Strategic Planning Policies contained in the UDP are S1, S2, S6 and S7.

4.3 Local Policies

Relevant Local Planning Policies:

· G4 – General Locational Criteria for Development

· D1 – Standards of Design

· D2 – Standards for Development within the Site

· H4 – Unallocated Residential Development to be Restricted to

· Defined Settlements

· H5 – Infill Development

· TR3 – Local Development to Minimise the Need to Travel

· TR7 – Highway Considerations for New Development

· TR16 – Parking Policies and Guidelines

· U11 – Infrastructure and Services Provision

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

4.4 The whole curtilage of the property known as Sans Souci including the application site is within the development envelope boundary for the village of Havenstreet but a significant part of this curtilage including part of the application site is allocated for private open space. The relevant policy is L4 which states:

Planning applications for development resulting in the loss of established, proposed or future public or private open spaces, village greens and allotments will only be approved in exceptional circumstances where:

(a) Development for community purposes would be greater benefit than retaining the open space and allotments and there are no other suitable sites available; and

(b) Suitable alternative provision is provided prior to the development taking place.

5. Consultee and Third Party Comments

5.1 Internal Consultees

Area Highway Engineer has previously expressed concern about the proposed access arrangements in terms of visibility and “on street” parking on this site of Main Road. However, he is now minded to raise no objection to the application subject to the imposition of appropriate conditions having negotiated a revised scheme which involves the provision of a public footway, from the access point to the existing footway to the northeast, and adequate visibility in either direction.

5.2 External Consultees

Southern Water Services (Planning Engineer) having examined his records has indicated that he does not wish to object to the application as long as a condition is included in any planning permission to prohibit surface water being discharge to the foul sewer.

5.3 Town or Parish Council Comments

It is understood that the recently formed Parish Council which includes the village of Havenstreet may submit late written representations.

5.4 Neighbours

It is worth noting that this latest application was the subject of a second public meeting attended by the Case Officer and the local Ward Member. Case Officer prepared a contemporaneous note after the meeting highlighting the issues that appeared to be causing most local concern:

· General consensus that formation of vehicular access at this point to serve four dwellings was likely to create a serious traffic hazard.

· Worried about loss of on street parking.

· Doubts about accuracy and interpretation of traffic survey figures.

· Concern of this application, is approved, may form a precedent for the development of the remainder of the site.

· Concerns of accuracy of submitted drawings particularly cross sections showing relationship with neighbouring property.

Case Officer advised local residents that as there were a number of difficult issues relating to the possible development of this site, and possibly the larger site, which need to be addressed and in light of the considerable local opposition that the matter would be determined by this Committee as opposed to dealing with it under the delegated procedure.

Application has attracted more than 70 letters and e-mails objecting to the proposed development. The main concerns remain the same but the more prevalent observations can be summarised as follows:

· Adequacy of proposed access to serve four units (or more) because of lack of visibility arising from direction/contours of Main Road exacerbated by “on street” parking.

· Level of vehicular traffic using Main Road particularly during peak periods and reservations about information provided by consultant engineer.

· Site (or part of site), is allocated as private open space in the UDP and contributes to a semi rural environment that should be “respected”.

· Fear that a favourable decision in this case may set a precedent for future development on the remainder of the site.

· Lack of social infrastructure.

Owner of neighbouring bungalow has submitted a comprehensive and detailed objection to the application based on similar grounds to the above but also expressing his concern about the relationship of the proposed development to his own property in terms of the potential for over shadowing, overlooking etc. and, the same context, the accuracy of some of the supporting drawings (cross sections) submitted by the applicants’ agent.

5.5 Others

Isle of Wight Animal Preservation Action Group advised that badgers and foxes are known and appreciated and may have habitat near or bordering this land.

6. Evaluation

6.1 An initial reaction to the proposed development based on an individuals own experience of vehicular traffic through Havenstreet, the UDP allocation retain this land (and part of this site) as private open space and the considerable local concern would seem to suggest that it may have been appropriate to refuse permission without reference to this Committee under the delegated procedure. However, there are various factors which, in my view, merit very close examination as part of the process and eventual determination of this application.

6.2 There would appear to be three main issues:

· Adequacy, or otherwise, of the purpose designed vehicular access onto Main Road to serve a development comprising four reasonable sized dwellinghouses.

· Allocation of part of the application site and the neighbouring land in the Unitary Development Plan as private open space.

· Precedent.

6.3 It is apparent from the written representations objecting to this application that the matter of precedent, in the form of further residential development on the larger area of land, is very prevalent and inextricably linked to both the proposed access and the level of vehicular/pedestrian traffic already using Main Road and the loss of (private) open space and the potential implications in terms of loss of amenity for local residents who live in properties with a common boundary or within the immediate locality. The matter of precedent is a material consideration but not one that should be given overwhelming weight in the determination of this particular application that should be judged on its individual merits.

6.4 In this context Members are invited to consider the following points that would seem to support an argument to develop this part of the site.

· Existing building(s) is of no architectural or historic merit they are in a dilapidated condition and have a damaging effect on the visual amenities of the area.

· Existing building(s) have and could be used for purposes that may generate some level of vehicular traffic entering and leaving the site.

· Interpretation of Unitary Development Plan (Sheet 4 Inset L (Havenstreet)) shows that existing building(s), hardstanding and existing access drive do not form part of the private open space allocation.

· Redevelopment of the site for residential purposes would be likely to enhance the visual amenities of the area.

· Subject to certain safeguards the redevelopment of the site is unlikely to have sufficient impact on the level of amenity currently enjoyed by the owner/occupiers of the neighbouring property to justify refusing permission.

· New homes and residents could contribute towards the protection of existing facilities and the future viability of the village.

6.5 The above points mean that the principle issues (or objections) to the application need to be carefully assessed before reaching a decision.

6.6 Members will appreciate the degree of weight to be given to the decision taken by the Area Highway Engineer to now support the application subject to the imposition of appropriate conditions. He has indicated that he was minded to raise an objection to this application, as he did on the first application which was withdrawn, but explains that he has now been provided with a revised scheme showing a substantially improved access arrangement in terms of visibility splays and pedestrian access to the site. He states:

where it can be demonstrated through the submission of speed data that 85 per centile of speeds are contained within 30 mph a lowered visibility splay of only 60 metres can be allowed. The previous submission only allowed a splay of 57 metres to the north, which was technically sub standard, albeit by only a very small margin. The revised scheme allows a splay to the north of 70 metres, which is entirely acceptable…. splay to the south is limited by third party land (but) an x distance of 2 metres is acceptable here and allows a splay in excess of 70 metres to be achieved to the centre line.

On the question of vehicles parked on the carriageway he has formed the view, based on previous appeal decisions, that this does not represent a sustainable objection as in his opinion users of the new access will now have ample opportunity to see vehicles from the right in sufficient time to make a decision as to whether it is safe to join the major road. To support his viewpoint he feels that some weight should be given to the “lapsed” traffic generation from the disused former workshop building(s) on the site, the improvement to pedestrian access on this side of Main Road and the closure of the existing access which is sub standard.

6.7 Based on this advice an objection on grounds of inadequate access is not a sustainable reason for refusing planning permission.

6.8 It is considered that the matter of the private open space allocation in the UDP needs to be viewed in a pragmatic way as opposed to a simpler spatial assessment which attempts to calculate in terms of area how much of the application site is within the allocation and how much is outside the allocated area. Members are referred to policy L4 (see Development Plan Policy) and the explanatory text contained in the written statement where reference is made to the recognition of the contribution of existing open spaces (both public and private) make to informal and formal recreational activities as well as their general amenity value.

open spaces are an important part of our urban areas as they represent “breathing spaces” between development. Open spaces have informal, formal recreational and general amenity value, but areas do not include car parks under-used or vacant sites which are within the development envelope.

Members who have visited the site may well have formulated their own view on the general amenity value of the overall area and whether the Council, as Local Planning Authority, will be able at a later stage, as part of the LDF process, to sustain an argument, to retain this land as private open space. However, what is apparent is that a significant part of the application site does not feature within this allocation and the loss of the areas that are within the allocation, including the new access drive and the area to the south and the east of the existing building to provide amenity space for the proposed dwellings is extremely small as an overall percentage of the allocated area and, more importantly, provides minimal or no amenity value for any local residents who do overlook or have an obscure views of this part of the overall site.

6.9 The fact that part of the application site forms part of a much larger area allocated as private open space does not represent a sustainable reason for refusing planning permission.

6.10 Final key issue is the matter of precedent and whether a favourable decision in this particular case is likely to create a precedent for (residential) development on part or all of the remaining land in the ownership of the applicant. Precedent is a proper and material consideration where it is likely that similar future proposals in closely parallel situations could not be resisted and cumulative harm to planning principles or policies would result. However, the force of the “precedent” argument is reduced where the planning circumstances are unlikely to be replicated, or where policies exist within the discipline of which there is room for treating its proposal and its merits in the light of the situation prevailing at the time.

6.11 It is considered that this particular case falls into the latter scenario and consequently this issue is not a sustainable reason for withholding permission.

7. Conclusion and Justification for Recommendation

7.1 It is appreciated that Members may be concerned at the level of local opposition to this application may have very definite reservations about supporting the officers recommendation to grant conditional planning permission. However, the Committee will know that local opposition (or support) is not in itself a reason for refusing planning permission (or granting permission) and that each application has to be judged on its individual merits. Based on the third party representations and the transcripts of the public meetings held in respect of the first application and this application Members will need to form a view as to whether the number of representations submitted has been generated by a scheme to redevelop some derelict agricultural workshops with four new homes or the fear that this may create a precedent for the development of the remainder of the curtilage of Sans Souci, contrary to the UDP allocation, which may lead to increased density of development, social housing, intensification of vehicular traffic, erosion of semi rural character etc.

7.2 In terms of the three main issues our view can be summarised in the following terms:

· Closure of a clearly unsatisfactory access and the formation of a new access with a new footway leading from the access point to the existing footway on this side of Main Road to the north of the site with adequate visibility has the support of the Area Highway Engineer.

· Loss of unattractive semi derelict buildings which have a detrimental effect on the visual amenities of the area and their replacement with four purpose designed new homes does not conflict sufficiently with the allocation of part of the site as a much larger area of open space sufficient to justify refusing permission.

· In light of the allocation on the remainder of the site and the Council’s ability to resist any further development, if Members so wish, the issue of precedent is also not a sustainable reason for refusal.

7.3 In terms of any likely impact on the owner/occupiers of the neighbouring property (Little Cedars) arising from the redevelopment of the site the view is taken that the mature landscaping along the boundary between their property and the application site means that they will not suffer a loss of amenity sufficient to warrant refusing permission. However, in deference to their concerns the applicants’ agent has been asked to confirm the accuracy of the submitted cross-sections and, if necessary, submit amended drawings, and to also consider positioning the proposed pair of semi-detached houses and the large four vehicle car port further away from this boundary so that there is adequate space for appropriate boundary treatment and/or further planting in order to protect the neighbours current level of amenity.

8. Recommendation

Conditional Permission.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	No development shall take place until a scheme for the drainage and disposal of surface water from the development hereby approved has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be completed before any [residential] unit hereby permitted is first occupied. Reason: To ensure that surface water run-off is satisfactorily accommodated and to comply with policies G6 (Development in Areas Liable to Flooding) and G7 (Development on Unstable Land) of the Isle of Wight Unitary Development Plan.
3	Development shall not commence until details of the facilities to be provided for the storage of refuse have been submitted to and approved in writing by the Local Planning Authority. No building shall be occupied until the facilities have been provided in accordance with the approved details and the facilities shall thereafter be retained. Reason: To safeguard the amenities of the locality and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
4	No construction traffic shall enter the public highway during the site development unless their wheels and chassis have been cleaned to prevent the material being deposited on the highway. Reason: In the interests of highway safety and in compliance with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
5	No highway works shall commence on the site until full stage 1 and 2 safety audits conducted under the parametres defined by HD 19/03 (Design Manual for Roads and Bridges, Volume 5, Section 2, Part 2) have been undertaken and submitted to and approved in writing by the Local Planning Authority. Any matters arising from such audits shall be suitably addressed and indicated on drawings to be submitted to and approved in writing by the Local Planning Authority. The work shall thereafter be constructed in accordance with the approved plans. Reason: In the interest of highway safety and in compliance with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
6	Development shall not begin until details of the design, surfacing and construction of any new roads, footways, accesses and car parking areas, together with details of the means of disposal of surface water drainage therefrom have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To ensure an adequate standard of highway access and drainage for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
7	No dwelling shall be occupied until the parts of the service roads which provide access to it have been constructed, surfaced and drained in accordance with [the approved plans/details which have been submitted to and approved by the Local Planning Authority]. Reason: To ensure an adequate standard of highway and access for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
8	The development shall not commence until sight lines are provided in accordance with a scheme to be agreed by the Local Planning Authority. Nothing that may cause an obstruction to visibility shall at any time be placed or be permitted to remain within that visibility splay. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
9	No later than one month after the day on which the dwellings hereby permitted are first occupied or the access hereby permitted is first used (whichever is the earlier) the existing access to the site from Main Road shall be permanently closed in accordance with the approved plans which have been submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
10	No dwelling hereby permitted shall be occupied until space has been laid out within the site and drained and surfaced for ten cars 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 Isle of Wight Unitary Development Plan.
11	No development including site clearance shall commence on the site until all trees, not previously agreed with the Local Planning Authority for removal, shall has been protected by fencing or other agreed barrier. Any fencing shall conform to the following specification: Barrier shall consist of a scaffold framework as shown in figure 2 of BS 5837 (2005). Comprising of vertical and horizontal framework braced to resist impact, with vertical tubes spaced at a maximum of 3 m intervals. Onto this weldmesh panels are to be securely fixed. Such fencing or barrier shall be maintained throughout the course of the works on the site, during which period the following restrictions shall apply: (a)No placement or storage of material; (b)No placement or storage of fuels or chemicals. (c)No placement or storage of excavated soil. (d)No lighting of bonfires. (e)No physical damage to bark or branches. (f)No changes to natural ground drainage in the area. (g)No changes in ground levels. (h)No digging of trenches for services, drains or sewers. (i)Any trenches required in close proximity shall be hand dug ensuring all major roots are left undamaged. Reason: To ensure that all general trees and shrubs and other natural features to be retained are adequately protected from damage to health and stability throughout the construction period in the interests of the amenity and to ensure the wooded southern boundary is retained as an important landscape feature which provides a valuable wildlife corridor, all in compliance with Policies D3 (Landscaping) and C12 (Development Affecting Trees and Woodland) of the Isle of Wight Unitary Development Plan.
12	In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of (1 year) from (the date of the occupation of the building for its permitted use). (a)No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work); (b)lf any retained tree is removed, uprooted or destroyed or dies, a replacement tree shall be planted in the same place, or place to be agreed and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority. Reason: To ensure the protection of the trees to be retained in the interests of the amenities of the area and in compliance with Policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
13	No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
14	All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
15	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the buildings hereby permitted are occupied. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
16	In this condition "retained hedge or hedgerow" means an existing hedge or hedgerow which is to be retained in accordance with the approved plans and particulars. (a) No retained hedge or hedgerow shall be cut down, uprooted or destroyed, nor shall any retained hedge or hedgerow be reduced in height other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. (b) If within a period of 5 years from the completion of the development the whole or any part of any retained hedge or hedgerow is removed, uprooted, is destroyed or dies, another hedge or hedgerow shall be planted at the same place and that hedge or hedgerow shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority. (c) The erection of fencing for the protection of any retained hedge or hedgerow shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any fenced area in accordance with this condition and the ground levels within those areas shall not be altered nor shall any excavation be made or fire be lit, without the written consent of the Local Planning Authority. Reason: To ensure the continuity of amenity afforded by existing hedges or hedgerows and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
17	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no development within Class E of Part 1 or Class A of Part 2 of Schedule 2 to that Order shall be carried out other than that expressly authorised by this permission. 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.
18	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 without the written consent of the Local Planning Authority. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

07

Reference Number: P/00513/06 - TCP/16251/C Parish/Name: Shanklin - Ward/Name: Shanklin Central Registration Date: 27/02/2006 - Full Planning Permission Officer: Mr C Hougham Tel: (01983) 823552 Applicant: Mr S O'Sullivan Demolition of dwelling; construction of 2 storey block of 6 flats to include accommodation within roofspace, parking & alterations to vehicular access (revised scheme) 21 Carter Avenue, Shanklin, PO377LG The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The application has attracted a number of representations from local residents objecting to the proposed redevelopment.

1. Details of Application

1.1 Following extensive pre-submission discussions and negotiations this detailed application is a revised scheme for the redevelopment of the site with a predominantly two storey block comprising six self contained flats with “on-site” parking provision and alterations to the existing vehicular access on to Hyde Road.*

* Although the address of the premises is 21 Carter Avenue its only frontage is onto Hyde Road; there is a pedestrian access between nos. 19 and 23 from Carter Avenue.

1.2 The application involves the demolition of the unoccupied relatively substantial late Victorian/Edwardian two storey villa constructed of brick under a pitched slate roof and orientated to overlook the adjacent bowling green which is the home of the local club.

1.3 To redevelop the site with a large two storey building with second floor accommodation in the roof space to provide six self-contained two bedroom flats. The proposed building will be relatively traditional in design terms and occupy a position on the site not dissimilar to the existing house orientated to overlook the blowing green and leaving sufficient space on the frontage onto Hyde Road to improve the existing vehicular access and provide six ‘on site’ parking spaces. In terms of materials the building will be finished in red brick under a slate pitched roof.

2. Location and Site Characteristics

2.1 The property occupies a rectangular shaped site on the southern side of Hyde Road immediately adjacent and to the west of the bowling green. The existing building is more typical of older residential properties in Carter Avenue as opposed to more modern development, predominantly bungalows, to the west of the site along the southern side of Hyde Road.

2.2 The site is elevated above the carriageway level in Hyde Road and the neighbouring bowling green. The existing building occupies a set back position towards the southern boundary of the site, enjoying and easterly aspect over the bowling green towards the pavilion area. The building is not occupied and is clearly not in a good state of repair and may be suffering from some degree of structural damage.

3. Relevant History

3.1 In January 2005 an outline application was submitted involving the demolition of the existing dwelling and outbuildings and the redevelopment of the site with a three storey building to provide nine self-contained flats. The Case Officer highlighted his concerns about the proposed development to the applicant’s agent and a decision was taken to withdraw and conduct further negotiations.

3.2 These negotiations resulted in the submission of a revised scheme at the end of August 2005 seeking detailed planning permission to redevelop the site with a three storey block of six flats. This proposal was an openly innovative modern design which maintained the principle aspect in an easterly direction. In terms of the innovative approach, appropriate weight was given to current guidance and appeal decisions at the former Shanklin Hospital and, more recently, Cambridge Road (East Cowes).

3.3 Following careful consideration the view was taken that the proposed development of the site was unlikely to have a sufficient impact on the level of amenity currently enjoyed by the owners/occupiers of neighbouring properties to warrant refusing permission. Similarly, it would be difficult to challenge the application purely on design g rounds. However, the prevailing opinion was that the application failed as a building of this scale, mass and overall size in this location would not provide a contrast but also instead conflict with the prevailing character and pattern of development in the immediate vicinity, there was also concern about the increased vehicular traffic using Hyde Road.

3.4 The applicant’s agent was invited to consider these views and following a meeting a decision was taken to withdraw the second application.

3.5 There then followed a period of intensive negotiations and discussions with the applicant’s agent to achieve an appropriate form of (re)development of the site. Local Ward Member was kept informed about these negotiations and attended the last meeting when the applicant’s agent outlined his sketch proposals which form the basis of the application now under consideration.

4. Development Plan Policy

4.1 National Policy Guidance

Relevant National Policies are as follows:

· PPS1 – Delivering Sustainable Development

· PPG3 – Housing (March 2000)

PPS1 advocates sustainable development, good design including sustainability, integration into the urban and natural environment, optimising the potential of sites, responding to local distinctiveness and appropriate landscaping. The point is emphasised that prescriptional detail may be unnecessary and Local Planning Authorities should not impose architectural style or particular tastes or stifle innovation when dealing with detailed submissions.

PPG3 underlines the need to provide a range and mix of house sizes, using brownfield sites, creating more sustainable patterns of development and supporting the efficient use of land, good quality design, determination of designs in context rather than isolation and reduced levels of parking.

4.2 Relevant Strategic Policies:

· S1, S2, S5, S6 and S7

4.3 Relevant Local Planning Policies:

· G4 - General Locational Criteria for development

· D1 - Standards of Design

· D2 - Standards for Development within the Site

· H4 - Unallocated Residential Development to be Restricted to Define Settlements

· H5 - Infill Development

· H6 - High Density Residential Development

· TR3 - Locating Development to Minimise the Need to Travel

· 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

Area Highway Engineer does not raise an objection to the application but is recommending that certain conditions be imposed if the application is to be approved.

5.2 Town or Parish Council Comments

Shanklin Town Council have submitted the following observation.

…..feel this development should be no more than four flats. Although the site is listed as Carter Avenue the vehicular access is onto Hyde Lane which is little more than a footpath which is not adequate.

5.3 Neighbours

This application has attracted a number of letters of objection from the immediate locality which fall into three broad categories:

· Three letters from residents living in Hyde Road

o Disproportionate size of building due largely to inclusion of second floor accommodation within roofspace.

o Out of context with the prevailing style of development in Hyde Road.

o Overdevelopment of the site.

o Potential for overlooking of neighbouring properties.

o Inadequacy of Hyde Road due to narrow width and absence of footways.

o Inadequate parking facilities.

· Eight letters of objection from local residents living in Carter Avenue for reasons similar if not identical to those from Hyde Road.

· Neighbouring Bowls Club again for similar reasons to the local residents.

6. Evaluation

6.1 Site is within the development envelope boundary and therefore there is no objection in principle to the (re)development for residential purposes.

6.2 Existing building is a large residential property which, if it had been in better structural condition, theoretically could have been converted into possibly two or three units of accommodation without too much difficulty. The building is a fairly typical example of the prevailing character of development in the immediate locality, particularly Carter Avenue, but does not have any special architectural or historic interest and therefore there is no sustainable objection to its demolition.

6.3 Having dealt with the broad principles it would seem that the determination of this application turns on two fundamental issues

· Does the redevelopment of the site with a large detached building to provide six small self-contained flats amount to overdevelopment which is out of character and likely to lead to associated problems such as loss of privacy and amenity due to overlooking?

· Will the increase in use of Hyde Road arising from six additional units create potential traffic hazard and/or traffic congestion sufficient to withhold permission and is ‘on-site’ car parking provision on a “one for one” basis satisfactory in policy terms and in this location?

6.4 Replacement building has been the subject of extensive negotiations with the applicant’s agent and in terms of scale and mass the building will cover a larger footprint than the existing building but will be of a similar height despite the prevision of second floor living accommodation within the roofspace. It could be argued that both the existing building and the proposed building are out of context with later development in Hyde Road but clearly the existing building is more typical of the established pattern and style of development elsewhere in the vicinity and consequently it may be difficult to sustain an objection based purely on the scale and size of the replacement building.

6.5 In similar terms particular care has been taken to achieve a design that has a traditional appearance, as opposed to the earlier more innovative approach, which in terms of proportion and features reflects the appearance of the existing building particularly if you compare the principal elevations, which is the east facing elevation overlooking the neighbouring bowling green. Consequently, in terms of design, proportion and use of materials, which can be controlled by condition, it would be difficult to sustain an objection to the application.

6.6 When giving due weight and appropriate regard to the need to make the best possible use of urban land, decision has to be taken as to whether in this particular location the construction of a building to provide six self-contained units amounts to overdevelopment of the site. In purely physical terms, a building of this scale and size can clearly be accommodated on this land and although the proposed density of development is greater than the overall very low density in this particular locality, due regard has to be given to the sustainability of the location with pedestrian access via Hyde road or Carter Avenue to the town centre and public transport (bus and rail) facilities. However, a common characteristic of overdevelopment is the impact that this may have on the level of amenity currently enjoyed by the owners/occupiers of neighbouring and nearby properties; a point that need very careful examination.

6.7 Negotiations with the applicant’s agent focused on this particular factor as one of a number of issues and was clearly instrumental in the design of the proposed building particularly in terms of the internal layout. For obvious reasons there is no direct overlooking of any neighbouring properties from the proposed accommodation at ground floor level. In terms of the second floor accommodation within the roofspace there is no direct overlooking of neighbouring properties, achieved by the use of rooflights, other than the aspect facing the neighbouring bowling green, similar to the orientation/outlook of the existing house. In similar terms the predominating aspect of the first floor accommodation is in the same direction (i.e. over the bowling green); the only first floor windows overlooking the neighbouring property in Hyde Road are bathroom windows which will be obscure glazed and the first floor windows on the south (rear) facing elevation provide a secondary light to a kitchen/dining area and two bedroom windows. The latter is the only point for concern in terms of the potential loss of privacy from overlooking of one, possibly two, detached properties on the northern side of Carter Avenue. Although it should be noted that this is overlooking of private garden area as opposed to actual accommodation since there is some considerable distance between the application site and the neighbouring dwellings. It is debatable whether this is a sustainable objection to the application but a degree of mitigation by eliminating the secondary kitchen/dining window and obscure glazing the lower part of the sash windows serving the two bedrooms should overcome any problem.

6.8 The remaining issue is the matter of access using Hyde Lane and the provision of ‘on-site’ parking facilities. The two aspects invariably cannot be separated as there is an extricable link between the level of traffic likely to be generated by six relatively small self-contained flats, the need to make ‘on-site’ parking provision and the sustainable location of the site. Area Highway Engineer does not believe that the likely intensification of vehicular traffic arising from this development is sufficient to justify a refusing permission and if due weight is given to the sustainable location of the site close to the town centre and associated facilities and the overall size of the additional units in combination with the Council’s parking guidelines it is clear that provision of ‘on-site’ parking facilities on ‘one for one’ basis should be adequate.

7. Conclusion and Justification for Recommendation

7.1 This is a difficult application that would have probably caused less local concern if the proposal had been for a fewer number of units. However, a careful assessment of all the material considerations leads me to the view that the Council could support the application subject to the provision of amended drawings and/or the imposition of appropriate conditions in terms of the first floor fenestration in the south facing elevation. On this basis the application is recommended for conditional permission.

8. Recommendation

8.1 Approval – subject to the applicant’s agent providing necessary amended drawings in respect of first floor fenestration on the south facing elevation of the proposed building.

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	Development shall not begin until details of the sight lines to be provided at the junction between the access of the proposal and the highway have been submitted to and approved in writing by the Local Planning Authority and the development shall not be occupied until those sight lines have been provided in accordance with the approved details. Nothing that may cause an obstruction to visibility shall at any time be placed or be permitted to remain within the visibility splay shown in the approved sight lines. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
3	None of the flats shall be occupied until the means of vehicular access thereto has been constructed in accordance with the approved plans. Reason: To ensure adequate access to the proposed development and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
4	None of the self-contained flats hereby approved shall be occupied until space has been laid out within the site and drained and surface in accordance with details to be submitted to and approved by the Local Planning Authority for six cars to be parked. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interest of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
5	No development shall take place until a scheme of landscape implementation and maintenance for a minimum period of 5 years has been submitted to and approved in writing by the Local Planning Authority. All hard and soft landscape works shall be carried out in accordance with the approved scheme. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved design and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
6	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the buildings hereby permitted are occupied. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
7	No development shall take place until details of the materials and finishes to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

08

Reference Number: P/00730/06 - TCP/22460/L Parish/Name: Newport - Ward/Name: Fairlee Registration Date: 29/03/2006 - Full Planning Permission Officer: Mr S Wiltshire Tel: (01983) 823552 Applicant: Isle of Wight Council One/two storey ten classroom maths block, to include disposal of spoil on nearby land & re-alignment of access ramp Medina High School, Fairlee Road, Newport, PO302DX The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This planning application has been submitted on behalf the Isle of Wight Council and involves the development of Council owned land. 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 proposes the erection of detached classroom block in a part two storey/part single storey configuration at Medina High School. The proposed building would be positioned in the north-eastern corner of the school complex and would provide 10 new classrooms for teaching maths. The submitted plans show 6 classrooms, with associated office, workroom, stores and plant room to the ground floor, with 4 classrooms to the first floor.

1.2 The design of the building incorporates a two storey building with an asymmetric gabled roof to a maximum ridge height of 9.0 metres adjacent to the main school building, with single storey element having a monopitch roof to height of 3.5 metres to the rear.

1.3 Due to changes in ground levels on the application site, the construction of the new classroom block would necessitate earthworks to re-grade the site, with the disposal of the excavated material on land to the front of the respite care building adjacent to the school entrance on Fairlee Road. In addition, the application proposes alterations to the alignment of the access ramp for the existing service road around the school site.

1.4 Members should note that preparatory groundworks commenced on this development during the school’s Easter break. The applicant has stated that these works are necessary for health and safety reasons, to meet the timetable for the project, and to avoid construction works during exam periods. The Local Planning Authority has made it clear that it cannot condone the commencement of works in advance of determination of this application and that any such work is undertaken entirely at the risk of the applicant.

2. Location and Site Characteristics

2.1 Medina High School is situated on a large site between Fairlee Road and the River Medina on the northern edge of Newport. In addition to the main school buildings, the site also provides a leisure centre and theatre which are open to the general public. Vehicular access into the school complex is from Fairlee Road, and leads to 3 car parking areas to the south east of the main buildings. A service road runs around the school buildings to provide lorry access to the Medina Theatre as well as acting as a route for emergency vehicles.

2.2 The application site is located to the north of the existing school science block on land which is currently a raised grass amenity area, with a brick retaining wall adjacent to the service road. Mature hedgerows form the boundary of the school with the neighbouring properties. The Orchard Hospital is situated approximately 20 metres to the north of the application site, with The Lawns sheltered accommodation adjacent to the hospital buildings. The rear gardens of residential properties along Fairlee Road are located approximately 40 metres to the east of the proposed building.

2.3 The area proposed for the disposal of excavated material is situated between the school entrance and the Arboretum to the west of Fairlee Road, with a respite care building to the west. This area is currently a grassed open amenity area for the school complex.

3. Relevant History

3.1 Medina High School was constructed in the mid 1970’s and there has been subsequent applications for related developments, the most recent of which was the 4 classroom geography building approved in January 2005.

4. Development Plan Policy

4.1 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

· G4 - General Locational Criteria

· D1 - Standards of Design

· D2 - Standards of Development within the site

· U5 - Schools Provision

· C12 – Development affecting trees and woodland

· TR7 - Highway Considerations for New Development

5. Consultee and Third Party Comments

5.1 Internal Consultees

Principal Highways Engineer – No objection subject to the imposition of a condition relating to highway safety, and a note to applicant regarding the gradient of the access ramp.

Environmental Protection Officer – No adverse comments to make.

Tree Officer – No objection, subject to the imposition of conditions relating to the protection of an existing oak tree and agreement of a replacement tree planting scheme.

5.2 External Consultees

None.

5.3 Town Council Comments

Not applicable.

5.4 Neighbours

3 letters of objection have been received from local residents which raise the following issues;

· No educational need for the building

· Potential damage to a protected oak tree

· Loss of amenity area

· The size of the building is too large

· Siting of the building in relation to neighbouring properties

· Land stability

· Works started without planning permission

6. Evaluation

6.1 The Unitary Development Plan (UDP) identifies the application site as being outside the Development Envelope boundary for Newport and also as an educational establishment. Policy U5 of the UDP safeguards such land to allow a school to continue to maintain an appropriate level of service.

6.2 In terms of educational need the Children’s Service Directorate has confirmed that when the school was built in the 1970’s the expectation of upper school class sizes was smaller than at present. Therefore, many rooms do not comply with the Government’s size requirements and are not capable of accommodating 30 pupils. The proposed new block will create sufficient Maths/ICT classrooms to provide accommodation throughout and will allow the re-arrangement of the science department to meet modern standards. Thus the principle of this development is considered to be in accordance with the aims of Policy U5.

6.3 Siting and Design – The principle consideration in the determination of this application is the relationship of the proposed classroom block with the neighbouring properties in terms of its siting, scale and massing.

6.4 Prior to the submission of this application lengthy discussions took place with the architects and Property Services Department in an attempt to identify the optimum location for a new classroom block, in terms of both functionality for the school as well as minimising any impact for occupiers of the neighbouring properties. Whilst this pre-application advice was given without prejudice to the consideration of the final application, it is considered worthwhile to inform Members of the alternative locations which were considered unsuitable.

6.5 Various options were considered for single / 2 storey buildings on the grassed amenity area adjacent to the new geography block. These locations were not considered to be suitable due to the relatively high ground levels, when combined with the proximity to the rear gardens of the properties in Fairlee Road, would have an overbearing impact on these dwellings. An alternative option was for a 2 storey building adjacent to the craft classrooms in the north of the school site. Whilst this would have the least impact on the residential properties and could be visually read as an extension to the main school block, the siting would have required the relocation of a hard surfaced play area, for which no alternative site is available. The loss of this hard play area would have resulted in an objection from Sport England.

6.6 The maths block as proposed would be positioned at an angle to boundary with the properties in Fairlee Road, the single storey element would be 6.5 metres, and the 2 storey element 9 metres from this boundary at its nearest points. The nearest residential property is situated 36 metres from the site of the proposed development.

6.7 The submitted plans show that the ground levels in this area would be re-graded and the building “dug-in” into the grass bank such that the finished floor levels would be approximately 1 metre below that of the existing ground level. A plan has been submitted which shows a section through the site, this section demonstrates that the eaves height of the proposed 2 storey building would be at approximately the same level as that of the main school complex, with a ridge height approximately 2.5 metres below that of the main school buildings. It is considered that the separation distance between the proposed maths block and the residential properties in Fairlee Road, when combined with applicant’s efforts to reduce the scale and massing of the building, would not have any overbearing impact on the neighbouring properties. The proposed windows in the eastern side elevation would be within a stairwell, and with dimensions of 0.45 m by 0.45 m would not lead to overlooking of these neighbouring dwellings.

6.8 The applicant has confirmed that it is intended that the building would be used be community groups outside of school hours. In order to protect the amenities of nearby residential properties it is suggested that a condition is imposed on any permission granted which restricts the noise impact from such a use.

6.9 The design concept shows a contemporary building incorporating brick, render, cladding and timber elements for the elevational treatment, with single membrane roof as per the main school. The building would incorporate sun pipes and wind catchers for partial sustainable ventilation and lighting of the building. The main school buildings where completed in the 70’s and incorporate steel cladding with large monopitch roofs to give an industrial feel to the buildings. Whilst the proposed building does not attempt to replicate the existing school structure, it is considered that the proposed design of the building would reflect its function and offer a more contemporary design that would sit comfortably with the existing buildings, and add a visual stop to the northern boundary.

6.10 Trees – A mature oak tree protected by a tree preservation order is situated in the hospital grounds, approximately 2 metres from the boundary with Medina High School, the canopy of which overhangs the application site. The Tree Officer has confirmed that the development would have no adverse impact on this tree provided that protective fencing is erected during the construction period. Two semi-mature willow trees are located on the site of the proposed maths block and would require removal to allow the development. The Tree Officer has confirmed that the removal of these trees is acceptable, with their loss mitigated by the planting of replacement trees.

6.10 Highways – The application seeks to retain the current arrangements for vehicular and pedestrian access, as well as parking. There would be a marginal increase in the maximum school capacity, and the Principal Highway Engineer has no objection to the proposal, subject to the imposition of a condition relating to highway safety.

6.11 The proposal would also involve minor alterations to the alignment of the service access road around the school complex. The Principal Highway Engineer has confirmed that this would not result in any access concerns, although the applicant should be made aware of disability access requirements such that the gradient of the realigned ramp should not exceed 1:20.

6.12 Disposal of spoil – The proposed groundworks to dig the building into the ground would necessitate the removal of spoil from the site. The application proposes to dispose of the spoil on land to the south-east of the respite care building, close to the entrance to the school complex. The disposal of soil would result in the infilling of a small hollow with earth to a depth of up to 1 metre. Once landscaped, these spoil disposal works would have an acceptable visual impact within the street scene.

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 positioning of the 10 classroom building is in the most suitable location to meet the educational needs of the school, whilst retaining the existing playing field provision and having an acceptable relationship with the neighbouring properties. The massing, scale and design of the building and groundworks as well as the disposal of excavated material adjacent to the respite care unit would not detract from the visual amenities of the area. In this regard the proposed development complies with the policies set out in the Unitary Development Plan.

8. Recommendation

8.1 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 works commence on the building hereby approved samples of materials and finishes to be used in the construction of the external surfaces of the development shall be 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	Before works commence on the building hereby approved full details of hard and soft landscaping for both the area around the building and the soil disposal works shall be submitted to and agreed in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include means of enclosure, hard surfacing materials, a tree / plant / grass planting plan, and any lighting scheme. Reason: To ensure the appearance of the development is satisfactory, and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
4	All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. Reason: In the interests of the amenities and character of the area and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
5	No sound amplifying equipment shall be operated, or musical instruments played within the building hereby approved, so as to be audible beyond the boundaries of the application site. Reason: To protect the amenities of the neighbouring residential properties and to comply with policy P5 (Reducing the impact of noise) of the Isle of Wight Unitary Development Plan.
6	Before works commence on the building hereby approved the protected oak tree, and other trees not previously agreed with the Local Planning Authority for removal, shall be protected by fencing in the position indicated on the Tree Survey drawing forming part of this planning application. The fencing shall comply with BS 5837 (2005) and shall be maintained throughout the course of the works on the site, during which the following restrictions shall apply; (a) No placement or storage of material; (b) No placement or storage of fuels or chemicals. (c) No placement or storage of excavated soil. (d) No lighting of bonfires. (e) No physical damage to bark or branches. (f) No changes to natural ground drainage in the area. (g) No changes in ground levels. (h) No digging of trenches for services, drains or sewers. (i) Any trenches required in close proximity shall be hand dug ensuring all major roots are left undamaged. Reason: To ensure that all general trees and shrubs and other natural features to be retained are adequately protected from damage to health and stability throughout the construction period in the interests of the amenity and to ensure the wooded southern boundary is retained as an important landscape feature which provides a valuable wildlife corridor, all in compliance with policies D3 (Landscaping) and C12 (Development Affecting Trees and Woodland) of the Isle of Wight Unitary Development Plan.
7	Steps, including the installation and use of wheel cleaning facilities in accordance with details to be submitted to and approved in writing by the Local Planning Authority, shall be taken to prevent material being deposited on the highway as a result of any operation on the site. Any deposit of material from the site on the highway shall be removed as soon as practicable by the site operator. Reason: In the interests of highway safety and to prevent mud and dust from getting on the highway and to comply with policies TR7 (Highway Considerations) and M2 (Defined Mineral Working) of the Isle of Wight Unitary Development Plan.