URGENT BUSINESS

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE – 1^ST JULY 2003

REPORT OF HEAD OF PLANNING SERVICES

RED FUNNEL (PHOENIX YARD) – INITIAL MEETING OF LOCAL FORUM

Summary

To inform the Committee about the outcome of the first meeting of the local forum established to look into operational problems and breaches of planning control in connection with the use of Phoenix Yard, off Ferry Road in East Cowes.

To advise Members on the most appropriate way forward in terms of the present deferment of enforcement action following the refusal of planning permission.

Background

At the meeting held on 20^th May 2003, Members considered an application for removal/variation of conditions on two separate extant permissions to allow parking of commercial vehicles and trailers across the major part of the marshalling/parking area at Phoenix Yard at times to suit the operational requirements of Red Funnel for a temporary period until the proposed site on land adjacent Osborne Works, (Whippingham) is brought into use.

The resolution of this Committee was threefold:-

• The application was refused permission on the basis that the virtually unfettered use of this marshalling/trailer park was causing loss, and would continue to cause, loss of amenity for owner/occupiers of adjoining and nearby properties.
• That a local forum be established with a view to all interested parties meeting with the clear objective of overcoming the present difficulties on a proactive basis by agreeing changes to operational practice which may in itself involve the submission of a further application(s).
• That a decision on enforcement action be deferred until this meeting by which time there may have been a decision on the application for Village Green status on the land adjacent to Osborne Works at Whippingham.

The initial meeting of the local forum was held at East Cowes Town Hall on 24^th June 2003.

The application for Village Green status on land at Whippingham was due to be considered by the Regulatory Appeals Committee on 27^th June 2003.

Relevant Issues

• Meeting attended by the Chairman (Cllr Mrs Muriel Miller), local Ward Member, Cllr Mrs Lloyd and Portfolio Holder for Transport (Cllr Fox), DC Manager and Area Planning Officer, Highway Engineer, Members of Town Council, local residents and representatives of Red Funnel Group Ltd., including the Operations Director
• Area Planning Officer advised that he had a meeting on site with Environmental Health and Red Funnel in the preceding week
• Present unauthorised use of Columbine Yard was helping to alleviate problems in connection with use of Phoenix Yard.
• Red Funnel confirmed that they do not intend to contest the recent decision to refuse planning permission by appealing.

• Red Funnel confirmed that the liklihood of the land adjacent to Osborne Works at Whippingham being used as a small trailer park was now remote.
• Red Funnel confirmed that tentative proposals to provide a larger trailer park on land bounded by Whippingham Road and East Cowes Road would take up to twelve months to complete in terms of obtaining necessary consents and construction work.
• Local residents concern at the prospect of any further ‘temporary’ arrangements at Phoenix Yard.
• Local residents refer to quality of life, sleep deprivation etc. arising from noise and disturbance at anti-social hours but were prepared to admit that there had been an improvement in recent months, largely within the parameters of their extant permissions.
• Red Funnel acknowledged the residents recognition of the efforts that have been made, but did point out that this was compromising their operation and that they would seeking a degree of flexibility to assist in their marshalling/parking of trailers until such time that an alternative site became available.
• Concern about inconsiderate commercial vehicle drivers approaching/leaving/manoeuvring within the site.
• Concern about the apparent use of Phoenix Yard as a ‘thoroughfare’ from Ferry Road, across Castle Street and into Trinity Yard; the potential traffic hazard in addition to noise/disturbance.

Outcomes

Cllr Muriel Miller, Chairman of the Forum, obtained the following commitments from individuals attending the meeting.

• Red Funnel to seek advice from an independent noise consultant on mitigation to improve level of amenity currently, or recently, experienced by local residents

• Red Funnel and Engineering Services to explore improved signage.
• Red Funnel to examine possible short-term engineering works in terms of surfacing at access point off Ferry Road in order to reduce noise/disturbance.
• Red Funnel to explore possible ways of persuading commercial vehicle drivers who use the service to act in a responsible and considerate manner.
• The Portfolio Holder for Transport to lobby local Police on the issue of effective speed controls outside normal working hours along York Avenue.

It was agreed that this was a worthwhile exercise and that there should be another meeting of the Forum in about four weeks time (late July 2003). The Forum was advised that this report would be prepared and considered by the Development Control Committee at this meeting.

Options

1. To continue with the local Forum and further defer any decision on possible enforcement action on the basis that there are definite indications of progress and, in these circumstances, agree it would not be prudent to pursue any current breaches of planning control.

2. To abandon the local Forum, carry out a monitoring exercise, and if there are any breaches of control identified, take enforcement action through the service of an enforcement notice or a breach of condition notice.

Conclusion

The establishment of this forum to investigate a development control related planning problem has, in my opinion, proved to be a very worthwhile exercise. The avoidance of a confrontational situation arising from the decision to refuse planning permission by taking enforcement action, should be supported, and hopefully, this particular decision to get the applicants and the local community ‘round the table’ could possibly serve as a model for future similar cases.

However, just one meeting, with an accent on open and frank discussion about the various issues, was unlikely to solve the (potential) conflict between the operational requirements of Red Funnel and the quality of life that can reasonably be expected by people living in the vicinity of the site. Nevertheless, there was a spirit of co-operation and facilitation and, in my view, good progress was made with Red Funnel and Members/Officers representing Engineering Services undertaking certain commitments/investigations in terms of measures designed to improve on the present situation.

It is clear that the most appropriate way forward is to continue with the local Forum to establish broad areas of agreement that will enable Red Funnel to further review their operational requirements and/or submit an amended application which would allow them to intensify the authorised use of Phoenix Yard, whilst still seeking to protect and enhance the amenities of local residents. Quite clearly, this should not be over an indefinite time period, but in this instance, the avoidance of undue haste by a further deferment on the need for enforcement action may well result in progress and possible solutions to the present difficulties.

Recommendation

To continue with the local Forum and further defer any decision on possible enforcement action on the basis that there are definite indications of progress and, in these circumstances, agree it would not be prudent to pursue any current breaches of planning control.

Contact: Chris Hougham Tel: 01983 823565

Andrew Ashcroft – Head of Planning Services