MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL SUB COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 9 AUGUST 2005 COMMENCING AT 5.00 PM

 

Present :

 

Cllrs Arthur Taylor (Chairman), Henry Adams, Ivan Bulwer, William Burt, George Cameron, Mike Cunningham, Barbara Foster, Muriel Miller, Brian Mosdell, Lady Pigot, Susan Scoccia, David Whittaker, Julian Whittaker

 

Apologies :     

 

            Cllr Charles Chapman

 

Also Present (non-voting) :

 

Cllrs Barry Abraham, Wendy Arnold, Anne Bishop, George Brown, Vanessa Churchman, Dawn Cousins, Charlie Hancock, Patrick Joyce, Roger Mazillius, Lora Peacey-Wilcox, Andy Sutton, Melanie Swan, Margaret Webster, David Williams

 

 


 


9.                  MINUTES

 

RESOLVED :

 

THAT the Minutes of the meeting held on 12 July 2005 be confirmed.

 

10.              DECLARATIONS OF INTEREST

 

Interests were declared in the following matters:

 

Cllr Lady Pigot declared a personal interest in Minute 11 (a) item 1, site of Mornington, Mornington Road, Cowes, as she knew one of the objectors.

 

Cllr Henry Adams declared a personal interest in Minute 11 (a) item 2, reduced site area, land off Whippingham Road, East Cowes, as he had been on the Regulatory Panel that had granted Village Green status to land adjacent the proposed trailer park.

 

Cllr Mike Cunningham declared a personal interest in Minute 11 (a) item 2, reduced site area, land off Whippingham Road, East Cowes, as he had previously responded to correspondence received from protesters.

 

Cllr Barbara Foster declared a personal interest in Minute 11 (a) item 2, reduced site area, land off Whippingham Road, East Cowes, as she knew two of the objectors.

 

Cllr Muriel Miller declared a personal interest in Minute 11 (a) item 2, reduced site area, land off Whippingham Road, East Cowes, as she knew one of the objectors.

 

Cllr Arthur Taylor declared a personal interest in Minute 11 (a) item 2, reduced site area, land off Whippingham Road, East Cowes, as he had been on the Regulatory Panel that had granted Village Green status to land adjacent the proposed trailer park.

 

Cllr Henry Adams declared a personal interest in Minute 11 (a) item 3, Land to north west of roundabout, Racecourse, Newport, as he had been on the Regulatory Panel that had granted Village Green status to land adjacent the proposed trailer park.

 

Cllr Ivan Bulwer declared a personal interest in Minute 11 (a) item 3, Land to north west of roundabout, Racecourse, Newport as he was Chairman of Fishbourne Residents Group.

 

Cllr Barbara Foster declared a personal interest in Minute 11 (a) item 3, Land to north west of roundabout, Racecourse, Newport as she knew two of the objectors.

 

Cllr Muriel Miller declared a personal interest Minute 11 (a) item 3, Land to north west of roundabout, Racecourse, Newport as she knew one of the objectors.

 

Cllr Arthur Taylor declared a personal interest in Minute 11 (a) item 3, Land to north west of roundabout, Racecourse, Newport, as he had been on the Regulatory Panel that had granted Village Green status to land adjacent the proposed trailer park.

 

Cllr Wendy Arnold declared a personal interest in Minute 11 (a) item 5, Bevois Farm, Laceys Lane, Niton, Ventnor, as she was a member of Niton and Whitwell Parish Council.

 

Cllr Muriel Miller declared a personal interest in Minute 11 (a) item 8, Gore Basin Motocross Circuit, Downend Road, Newport, as she knew one of the objectors, the applicant’s agent and the person speaking on behalf of the Arreton Parish Council was the husband of a County Councillor.

 

Cllr Lady Pigot declared a personal interest in Minute 11 (a) item 8, Gore Basin Motocross Circuit, Downend Road, Newport, as she knew one of the objectors – she was not present during the discussion and voting thereon.

 

Cllr Arthur Taylor declared a personal interest in Minute 11 (a) item 8, Gore Basin Motocross Circuit, Downend Road, Newport, as he knew the applicant’s agent and the person speaking on behalf of the Arreton Parish Council was the husband of a County Councillor.

 

Cllr Wendy Arnold declared a personal interest in Minute 11 (a) item 9, Land rear of Alban Cottage, High Street and adjacent Whinscot, 49 Bannock Road, Whitwell, Ventnor, as she was a member of Niton and Whitwell Parish Council.

 

Cllr Susan Scoccia declared a personal interest in Minute 11 (a) item 10, Ventnor Botanic Garden, Undercliff Drive, Ventnor, as she was a member of Ventnor Town Council.

 

11.              REPORT OF THE HEAD OF PLANNING SERVICES

 

 

(a)               Planning Applications and Related Matters

 

Consideration was given to items 1 - 10 of the report of the Head of Planning Services.

 

RESOLVED :

 

THAT the applications be determined as detailed below :

 

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

 


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

 

 

Application:

TCP/26900

 

Details:

3 pairs of semi-detached houses, 1 No. detached house and a 4 storey block of 11 flats with parking at lower ground floor level;  formation of vehicular access

 

Site of Mornington, Mornington Road, Cowes

 

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 8 August 2005.

 

Public Participants:

Mr David Potter (Objector)

Mr Keith Topley (Objector)

 

Mr Jonathan Manser (Agent)

 

Additional Representations:

A short document answering a number of queries was submitted by the applicant’s agent.

 

The Council’s Tree Officer had inspected the site and raised a number of issues.

 

Comment:

Cllr George Brown and Cllr Lora Peacey-Wilcox both spoke on this item.

 

Decision:

The application was refused contrary to Officer’s recommendation.

 

In compliance with the Council’s Constitution a named vote was taken as the application was contrary to Officer recommendation :

 

For (7)       Cllr Henry Adams, Cllr William Burt, Cllr George Cameron, Cllr Lady Pigot, Cllr Susan Scoccia, Cllr David Whittaker, Cllr Julian Whittaker

 

Against (5)    Cllr Ivan Bulwer, Cllr Mike Cunningham, Cllr Barbara Foster,     Cllr Muriel Miller, Cllr Arthur Taylor

 

Reasons:

The application was refused as the proposal failed to have special regard to height, form and massing and respect of traditional frontages and therefore failed to preserve or enhance the current amenity value of the Conservation Area and accordingly was contrary to Policy S10 (if it will Conserve or Enhance the Features of Special Character of these Areas) and Policy B6 (Protection and Enhancement of Conservation Areas).

 

 (Item 1)

 

 

Application:

 

TCP/25822/A

 

Details:

Formation of trailer park to accommodate 28 freight trailers and associated facilities; formation of vehicular access, (revised plans)

 

Reduced site area, land off Whippingham Road, East Cowes

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 8 August 2005.

 

Public Participants:

Mr Ward (Objector)

Mr Tony Saunders (Objector)

Mr Dennis Russell (Objector)

 

Mr Colin Hetherington (Applicant)

 

Additional Representations:

Comments were received from Wootton Bridge Parish Council, East Cowes Residents Association and one further letter of objection.

 

Comment:

Cllr Charlie Hancock, the Local Member spoke on this item.

 

Cllr Barry Abraham, Cllr Vanessa Churchman, Cllr Dawn Cousins, Cllr Melanie Swan and Cllr Margaret Webster also spoke on this item.

 

Decision:

The application was refused contrary to Officer’s recommendation.

 

In compliance with the Council’s Constitution a named vote was taken as the application was contrary to Officer recommendation :

 

For (9)   Cllr Henry Adams, Cllr Ivan Bulwer, Cllr William Burt, Cllr Barbara Foster, Cllr Muriel Miller, Cllr Brian Mosdell, Cllr Lady Pigot, Cllr David Whittaker

 

Against (1)     Cllr Arthur Taylor

 

Cllr Julian Whittaker asked that it be minuted that he abstained from voting as he was refused the opportunity to ask a question.

 

Reasons:

The application was refused as in the opinion if the Local Planning Authority the proposal was not in keeping with the surrounding area, was inappropriate in scale and operation for the location proposed and would have an unacceptably detrimental impact on the wider area in general by virtue of it being the introduction of a commercial activity into a predominantly rural area without any demonstrable need to be located in this isolated location and was therefore contrary to adopted Isle of Wight Unitary Development Plan Policy TR 11 (Traffic Management Schemes for Ferry Terminals).

 

(Item 2)

 

 

Application:

 

TCP/25724/A

 

Details:

Formation of trailer park to accommodate 60 freight trailers and associated facilities; formation of vehicular access; storm water attenuation pond and landscaping (revised scheme)

 

Land to north west of roundabout, Racecourse, Newport

 

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 8 August 2005

 

Public Participants:

Mr Tony Saunders (Objector)

Mr Dennis Russell (Objector)

Additional Representations:

Comments were received from Wootton Bridge Parish Council, East Cowes Residents Association and one further letter of objection.

 

Comment:

Cllr Charlie Hancock, the Local Member spoke on this item.

 

Cllr Barry Abraham, Cllr Vanessa Churchman, Cllr Dawn Cousins, Cllr Melanie Swan and Cllr Margaret Webster also spoke on this item.

 

Decision:

The application was refused contrary to Officer’s recommendation.

In compliance with the Council’s Constitution a named vote was taken as the application was contrary to Officer recommendation :

 

For (11)     Cllr Henry Adams, Cllr Ivan Bulwer, Cllr William Burt, Cllr George Cameron, Cllr Barbara Foster, Cllr Muriel Miller, Cllr Brian Mosdell, Cllr Susan Scoccia, Cllr Arthur Taylor, Cllr David Whittaker

 

Against (1)         Cllr Mike Cunningham

 

Abstention (1)    Cllr Julian Whittaker

 

Reasons:

The application was refused for the following reasons :

 

1.              In the opinion of the Local Planning Authority, the proposed location for the development was not within an existing urban area nor was it on previously developed (brown field) land nor being a new development of a large scale was it located in or adjacent to the defined development envelope of East Cowes or any of the Island’s other towns and hence it was contrary to the provisions of Policies S1, S2 and S3 of the adopted Isle of Wight Unitary Development Plan.

 

2.            The proposed location for the development was an undeveloped (green field) site not allocated for development as an extension to an urban area where no suitable alternative brown field site existed and in the opinion of the Local Planning Authority constituted inappropriate development in the countryside contrary to the provisions of Policies S2 and S4 of the adopted Isle of Wight Unitary Development Plan.

 

3.            In the opinion of the Local Planning Authority, the proposed location for the development failed to maintain and protect the landscape and the applicants had failed to demonstrate how it would benefit the rural economy and the people who lived there and furthermore failed to take account of the landscape character and local distinctiveness of the area contrary to the provisions of Policy C1 (Protection of Landscape Character) of the adopted Isle of Wight Unitary Development Plan.

 

4.            In the opinion of the Local Planning Authority, the proposed location for the development would not reduce road haulage mileage and would therefore result in increased disturbance as well as visual intrusion and was therefore contrary to the provision of Policy TR15 (Bulk Freight Handling and Distribution Facilities) of the adopted Isle of Wight Unitary Development Plan.

 

(Item 3)

 

 

Application:

 

TCP/14737/B

 

Details:

Demolition of garage; construction of carport; alterations to side boundary;  removal of condition 16 of consent TCP/14737A referring to retention of conifer hedge along the south eastern boundary; retention of boundary wall to north of site (revised plans) (revised description)

 

Bevois Farm, Laceys Lane, Niton, Ventnor

 

Site Visit:

None.

 

Public Participants:

Mr Paul Turner (Objector)

 

Mr David Hirst (Applicant)

 

Additional Representations:

None.

 

Comment:

Cllr Wendy Arnold, the Local Member spoke on this item.

 

Decision:

The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved:

 

Conditional planning permission, subject to the conditions set out in the Part II Register.

 

Conditions:

As per report (Item 5)

 

 

Application:

 

TCP/26412/A

 

Details:

Residential development of 3/4 storey block of 8 flats

 

16, Union Road, Ryde

 

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 8 August 2005

 

Public Participants:

Mrs Vivian Howard (Objector)

 

Additional Representations:

None.

Comment:

None.

 

Decision:

The application was refused contrary to Officer’s recommendation.

 

In compliance with the Council’s Constitution a named vote was taken as the application was contrary to Officer recommendation :

 

For (10)       Cllr William Burt, Cllr George Cameron, Cllr Mike Cunningham, Cllr Barbara Foster, Cllr Muriel Miller, Cllr Brian Mosdell, Cllr Lady Pigot, Cllr Susan Scoccia, Cllr David Whittaker, Cllr Julian Whittaker

 

Against (1)   Cllr Ivan Bulwer

 

Abstention (1)  Cllr Henry Adams as he was the Local Member.

 

Reasons:

The application was refused for the following reasons :

 

1.              The proposal by reasons of its mass, height, design and external appearance would be likely to result in an Intrusive and over dominant development out of scale and character with the prevailing pattern of development in the locality and was therefore contrary to Policy S6 (Be of a High Standard of Design) and Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

 

2.            The proposal failed to enhance or preserve the current amenity value of the Ryde Conservation Area by reason of its inappropriate mass, height, design and detailing and accordingly was contrary to Strategic Policy S10 (In Area of Historic Value) and Policy B6 (Protection and Enhancement of Conservation Area) of the Isle of Wight Unitary Development Plan.

 

3.            The application failed to demonstrate how this development could cohesively be linked to any future development on adjoining land and in the absence of such information the proposal was considered to be piece meal in nature and likely to prejudice future development of the overall area.  The proposal was therefore contrary to Policy D1 (Standards of Design) and Policy G4 (General Locational Criteria for Development) of the Isle of Wight Unitary Development Plan.

(Item 6)

 

 

Application:

(Cllr Brian Mosdell left the room for this item).

 

P/26344

 

Details:

Continued use of buildings as (Class B2) general industrial (Black and Blue Hangars, Buildings 1 and 2)

 

Former Aircraft Museum, Sandown Airport, Embassy Way, off, Newport Road, Sandown

 

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 8 August 2005

Public Participants:

Mr Frank Sharples (Objector)

 

Mr Purves (Applicant)

 

Additional Representations:

A letter was received from a nearby commercial operator and from the local holiday park.

 

An unsigned letter dated 4 August 2005 and allegedly from L T Evans the Aerodrome Manager was handed in and read out at the meeting.

 

Comment:

Cllr Anne Bishop spoke on this item.

 

Decision:

The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved:

 

Conditional planning permission, subject to the conditions set out in the Part II Register.

 

Conditions:

As per report (Item 7)

 

 

 

 

 

 

Application:

(Cllr Lady Pigot declared a personal interest in this item and left the room)

(Cllr George Cameron, Cllr Mike Cunningham and Cllr Brian Mosdell left the room for this item as they will be considering a Licensing application for the Bestival site).

 

TCP/25508/D

 

Details:

Temporary use of part of land for car parking in connection with the Bestival Event at Robin Hill from 9th to 12th September 2005

 

Gore Basin Motocross Circuit, Downend Road, Newport

 

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 8 August 2005

 

Public Participants:

Mr Dennis Russell (Objector)

Mr Phillip James (Objector)

Mr Robin Oulton (Parish Councillor)

Additional Representations:

None.

Comment:

None

Decision:

The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved:

 

The application is recommended for limited period permission subject to the conditions set out in the Part II Register

Conditions:

Condition 1 to be amended to read as follows :

 

The use hereby permitted shall operate only between the 9th and 12th September 2005 inclusive and thereafter the land shall be restored to its previous condition which existed prior to the grant of this permission.  Such restoration shall take place no later than 16th October 2005.

 

As per report (Item 8)

 

 

Application:

 

TCP/01532/W

 

Details:

Erection of 4 detached 2 storey houses and 3 storey terrace of 4 houses (revised scheme)

 

West Coombe Lodge and West Coombe Hotel, Westhill Road, Shanklin

 

Site Visit:

None.

Public Participants:

None.

 

Additional Representations:

Shanklin Town Council still believed the proposal represented overdevelopment.

 

One e mail from a local resident confirming they had no objections.

 

A letter from another neighbour confirming their continued concerns.

 

Memo from the Council’s Tree Officer with regard to the effect on the preserved trees.

 

Two further e mail representations from an adjoining neighbour questioning the accuracy of notation on the plans.

 

Comment:

None.

Decision:

The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved:

 

Conditional planning permission, subject to the conditions set out in the Part II Register.

 

Conditions:

As per report (Item 4)

 

Application:

 

TCP/18968/D

 

Details:

3 detached houses with garages and access off Bannock Road (revised plans)

 

Land rear of Alban Cottage, High Street and adjacent Whinscot, 49, Bannock Road, Whitwell, Ventnor

Site Visit:

None.

Public Participants:

 

None.

Additional Representations:

 

None.

 

Comment:

None

 

Decision:

The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved:

 

Conditional planning permission, subject to the conditions set out in the Part II Register.

 

Conditions:

As per report (Item 9)

 

 

Application:

 

TCP/21427/H

 

Details:

Sewage treatment plant and associated drainage works

 

Ventnor Botanic Garden, Undercliff Drive, Ventnor

 

Site Visit:

None.

Public Participants:

 

None.

Additional Representations:

 

None.

 

Comment:

None.

 

Decision:

The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved:

 

Conditional planning permission, subject to the conditions set out in the Part II Register.

 

The second recommendation was not agreed and therefore would not be actioned.

 

Conditions:

As per report (Item 10)


(b)               Draft Rule 6 Statement and Deemed Reasons for Refusal for the Appeal by Peter Harrison 1997 Settlement Against Non-determination of Proposals for the Development of Land at Cowes Bounded by Medina Road to the North, Thetis Road, Pelham Road and Arctic Road to the West, Cowes Youth Centre and Island Youth Waters Activities Centre to the South, and the River Medina to the East

 

Discussion in respect of the Cowes Waterfront site was held at the Isle of Wight Economic Partnership Board’s meeting on 27 July 2005 where it was resolved to advise the Isle of Wight Council that they should adhere to the provisions of the Supplementary Planning Guidance approved in June 2003 and the application should be rejected.   A letter from Wilbraham & Co acting on behalf of the applicant and appellant was circulated at the meeting.

 

Cllr George Brown the local member spoke on this item, he believed there were elements of the Draft Rule 6 Statement that were not free from defect.  He asked the Committee if they wanted to delegate the matter entirely to Officer’s as it was a complex issue and would not be without argument from the other side.

 

Members were advised that an appeal had been made to the Secretary of State against the Council’s failure, as the Local Planning Authority, to determine one of two identical planning applications submitted in February 2005 by the Peter Harrison 1997 B Settlement Trust, each of the applications sought consent for ‘The demolition of buildings/structures including part of seawall; outline for marine employment (Class B1, B2 and B8), residential development; retail, public house/restaurant, hotel, new quay wall, raising of site levels, formation of vehicular access and access road, cycle and pedestrian routes, a riverside walkway, associated parking and landscaping’ (P/00199/05 and P/00200/05).  It was anticipated that the second application would be brought to the Development Control Sub Committee prior to the public enquiry.

 

The Committee were advised that the Public Enquiry would be held on 21 March 2006.

 

The area had previously been occupied by the boat and shipbuilding yards of J S White’s, Souter’s and F B Marine.  The site was a significant deep water frontage employment opportunity.  The vast majority of the site appeared to be allocated for housing, flats, hotel and leisure use.  Members believed that the residential element of the application did not need deep water frontage and that could be moved elsewhere on the site.  The Draft Rule 6 Statement should be made as strong as possible with the need to encompass everything.  Anything that was not ultimately needed could be removed.

 

RESOLVED :

 

(i)                  THAT the following putative reasons for refusal :

 

1.                  The proposals are not for the overall benefit of the Island and constrain opportunities for economic regeneration and as such are contrary to Strategic Policy S5 of the Isle of Wight Unitary Development Plan.

 

2.                  The proposals represent an unacceptable loss of employment land and an opportunity for a major employer to develop a site with deep water frontage, and as such are contrary to policies E1 (Promotion of New Employment Uses), E2 (Major Employers), E3 (Change of Use of Employment Land), E4 (Employment Development and Mixed use), E7 (Essential Deep Water Frontage), and R4 (Development of Unidentified Sites),  of the Isle of Wight Unitary Development Plan.

 

3.                  The proposals are contrary to the economic strategy and provisions of Supplementary Planning Guidance for Cowes Waterfront (A Vision for the Medina Valley 2003).

 

4.                  The proposals introduce residential development into a flood risk area without justifying exceptional circumstances and are contrary to Policy G6 (Areas Liable to Flooding) of the Isle of Wight Unitary Development Plan.

 

5.                  The application provides insufficient information on archaeological remains within an acknowledged site with high potential contrary to Government Guidance outlined in PPG16 (Archaeology and planning), and Policy B9 (Protection of Archaeological Heritage) of the Isle of Wight Unitary Development Plan.

 

6.                  The retail element of the proposals do not protect or enhance the retail function of Cowes Town Centre and as such are contrary to policies R1 (Existing Town Centres) and R2 (New retail development) of the Isle of Wight Unitary Development Plan.

 

be agreed and the proposed case to be outlined in a Rule 6 Statement for a public enquiry into the Local Planning Authority’s failure to determine one of two identical applications for the Souter’s FBM and J S White’s sites at Cowes.

 

(ii)                THAT officers be delegated the task of producing the final Rule 6 Statement, including any minor changes considered appropriate.

 

(c)               Schedule of Planning Appeals in Quarter 1 April 2005 – 30 June 2005

 

The Schedule of Appeals that had been lodged and decisions made during the period 1 April 2005 to 30 June 2005 was received.  It was noted that more than 77% of appeals had been won which was above the national average.  Members thanked Officer’s for their work on the appeals.

 

RESOLVED :

 

            THAT the report be noted.

 

 

 

CHAIRMAN