MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 10 DECEMBER 2002 COMMENCING AT 5.00 PM

Present :

Mrs M J Miller (Chairman), Mr B E Abraham, Mr A C Coburn, Mr J H Fleming, Mr E Fox, Mr J F Howe, Mrs M A Jarman, Mr D J Knowles, Mr C H Lillywhite, Mr V J Morey, Mr A A Taylor, Mr D G Williams

Apologies :

Mr C B W Chapman, Mr D T Yates

Also Present (non voting) :

Mr B C Buckle, Mrs T M Butchers, Mrs B Lawson, Mr H Rees, Mrs J L Wareham

81.      MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 29 November 2002 be confirmed.

82.      DECLARATIONS OF INTEREST

Interests were declared in the following matters :

Mr A A Taylor declared a personal interest in Minute 85 (f) (i) 12 - Part OS Parcels 4261, 5760 and 6360 off Newnham Road, Ryde (as the applicant was known to him) - and was not present during the discussion and voting thereon.

Mr D J Knowles declared a personal interest in Minute 85 (f) (i) 16 - Land rear of Tilden House Nursing Home, fronting East Street, Ryde (as he was the owner of a nursing home) - and remained present.

Mr D G Williams declared a personal interest in Minute 85 (f) (i) 2 - Greenfields, Newport Road, Sandown (as he was on the Management Board of Vectis Housing as a Council representative) and remained present.

Mr J Howe declared a prejudicial interest in Minute 85 (f) (i) 17 - land adjacent Culverdene, Church Hill, Totland (as the applicant was know to him) - and was not present during the discussion and voting thereon.

Mr J Howe declared a personal interest in Minute 85 (f) (i) 9 - Land adjacent Fourstones, The Mall, Totland Bay (as the applicant was known to him) - and remained present.

Mrs B Lawson declared a personal interest in Minute 85 (f) (i) 2 - Greenfields, Newport Road, Sandown (as she was on the Management Board of Vectis Housing as a Council representative) - and remained present.

83.      PUBLIC QUESTION TIME

A question was asked of the Chairman as follows :

Mrs B Stewart-Cummings asked a question relating to the Rex Cinema site, Ventnor (PQ99/02)

A copy of the question and reply given is in the Public Questions Register.

84.      URGENT BUSINESS

The Chairman agreed to two items of urgent business as decisions were required before the next meeting.

           (a)       LBC/21224A - The partial demolition of the Three Crowns Public House, High Street, Cowes

Members were made aware of actions that had been taken to date as part of an ongoing investigation by officers in respect of works that had been undertaken to the Grade II listed building which was located within the Cowes Conservation Area.

The Council’s Conservation Officer met with the owner’s architect on 13 September 2002 to discuss the possible refurbishment of the building. It was agreed that sketches would be submitted for consideration before he submitted a listed building and planning application. On 10 October 2002 a letter was sent to the owner’s architect advising him that any works undertaken without formal consent would be unauthorised and illegal.

A Demolition Notice was submitted on 9 October 2002 to the Building Control department, as a result of which an inspection of the building was made by the area Building Control Surveyor. On 15 October 2002, the Building Control department issued to the demolition company involved a schedule of conditions relating to the proposed demolition and confirmed it would be necessary for them to obtain other permissions prior to demolition works commencing.

A telephone call was received on 27 November 2002, advising officers that the previous evening the building had collapsed, and that works were underway to remove the debris from the site. Further investigation revealed that the shop front, which had been taken out to provide easy access for machinery into the rear of the building, had been removed at least two weeks prior to the collapse of the building.

On Wednesday, 4 December 20002 the Enforcement Team Leader spoke with the property owner and arrangements were made for him to visit the planning office on Wednesday, 11 December 2002 to be interviewed under caution. The owner indicated that he proposed to bring his engineer and architect with him.

RESOLVED :

                      (i)        THAT the actions taken by officers to date be noted and to support officers in initiating a prosecution under Section 9 of the Planning (Listed Building and Conservation Areas) Act 1990 and/or Section 80 or 99 of the Building Act 1984 for executing or causing to be executed any works in relation to the listed building without the appropriate consent providing officers believe such an action was warranted after the formal interview with the owner and having discussed the situation with the Council’s Solicitor.

                      (ii)       THAT officers be authorised, if considered necessary, to issue a Listed Building’s Enforcement Notice requiring works as considered appropriate which may include :

A requirement that full dimensions and photographs of the front facade be submitted immediately by a structural engineer, or other professional, to enable the complete front facade at ground level to be rebuilt to match as closely as possible the original frontage.

                      (iii)       THAT as a matter of urgency the necessary planning and listed building applications be requested showing the shop frontage and the development behind the facade to enable works to be undertaken at the earliest opportunity, to avoid hoarding, scaffolding and gap in the street scene remaining for any length of time particularly during the summer of 2003.

           (b)       TCP/22966D - Unauthorised use of land for the storage and maintenance of vintage buses at Palmers Brook Farm, Park Road, Wootton

The Committee was advised that a complaint had been received in respect of the unauthorised use of land for the storage and maintenance of vintage buses at the above site. The owner was advised that a material change of use had occurred for which planning permission had not been obtained. An application was subsequently received by the Local Planning Authority on 11 June 2002 to retain the current use of the land, however, the application was invalidated.

The application was considered by the Development Control Committee at its meeting on 17 September 2002. At that meeting the item was deferred following an update in the late representation sheet that the missing information had been supplied. Consequently members agreed to defer any enforcement action whilst the application was determined.

The planning application as formerly submitted included not only the retention of the storage use but also included the formation of a new access onto the A3054. The case officer had sought to negotiate with the applicant but no replies had been received. Accordingly, the application had been determined and was refused.

Members gave consideration as to whether an Enforcement Notice should be served requiring the cessation of the use of the site for storage of vehicles. Members believed the site was not suitable for the storage of any vehicle.

RESOLVED :

THAT an Enforcement Notice be served requiring the removal from the site of all the vehicles and the van body with a time period for compliance of three months.

85.      REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

           (a)       To consider any items deferred from the last meeting of the Committee and the Site Inspection meeting

                      (i)        TCP/3148/A - Two storey extension to form kitchen and sitting room on ground floor with three bedrooms over (revised plans) 28 Westwood Road, Ryde, Isle of Wight

Members were reminded that the application had been considered by the Committee at its meeting on the 16 July 2002, at that meeting it was decided to defer the application for a site inspection. The site inspection was held on 26 July 2002, at that meeting the Committee were not prepared to support the application in its present form and decided to defer consideration for further negotiations with the applicant in terms of overall depth and/or width of the proposed extension.

A preliminary revised plan had been received in August 2002 and the Chairman and Vice Chairman were consulted, they both indicated they were satisfied with the preliminary revisions and the applicant was invited to prepare and submit revised drawings on that basis.

The revised drawings were received on 29 October 2002 and neighbours were invited to submit comments on the revised scheme. All comments that had been received were from the neighbouring property to the northeast of the application site.

A further letter had been received from the objector regarding the loss of amenity and a letter from the applicant was circulated. Members believed during construction access for construction vehicles should only be from Westwood Road not through Westwood Drive and suggested that a condition should be added to that affect.

RESOLVED :

                                  (1)       THAT conditional planning permission be granted for the revised scheme in accordance with the recommendation set out in the report to the Development Control Committee (Site Visits) on 26 July 2002.

                                  (2)       THAT no construction traffic shall use Westwood Drive during the period of construction unless otherwise agreed in writing with the Local Planning Authority.

Reason : Due to the condition and in particular the narrowness of Westwood Drive, large vehicles are likely to cause congestion and inhibit the free flow of users of this road.

                      (ii)       TCP/5394/E - Retention of petanque terrain and play equipment at the Barley Mow Public House, 57 Shide Road, Newport

The Committee was reminded that the application had been considered at the Development Control Committee held on 6 August 2002. At that meeting members decided to grant permission, contrary to officer recommendation. Members believed that any potential noise or disturbance problems could be controlled under the environmental health legislation.

The Environmental Health Manager expressed concern with the decision as he believed that the current position of the petanque terrain was not suitable, because of its close proximity to the neighbouring property. The application was reconsidered by the Committee at its meeting held on the 27 August 2002. At that meeting members decided to defer consideration in order to enable negotiations to take place with the applicant, with a view to resiting the petanque terrain away from the boundary of the neighbouring property.

A letter was sent to the applicant on 29 August 2002, to which there had been no response. A further letter was sent on 8 October 2002 which resulted in a site meeting with the applicant on 23 October 2002. Following the site meeting the Development Control Manger again wrote to the applicant setting out the various options available to him and setting a timescale for a response on the basis that it was a retrospective application. To date there had been no response from the applicant.

RESOLVED :

That planning permission be refused and enforcement action be authorised to ensure the removal of the petanque area and the return of the land to its former condition with a compliance period of three months; and to invite an application for the retention of the play equipment.

           (b)       Consultation Paper on the Review of the Planning Enforcement System in England

Members were given the background to the consultation document that had been issued by the Office of the Deputy Prime Minister. The document defined the objectives for the planning enforcement system and a response was required by 31 December 2002.

The following areas and appropriate responses were discussed :

                       1.        Resources and proactive approach by Local Authorities.

                       2.        Should a breach of planning be a criminal offence.

                       3.        Responding to retrospective applications.

                       4.        Enforcement appeals.

                       5.        Monitoring the implementation of a planning permission and compliance with conditions.

Members believed that fees for retrospective planning applications should be charged for at a higher rate and a tougher stance should be taken on enforcement action. There was also a suggestion that when an application was approved the conditions relating to that application should be advertised on site.

RESOLVED :

THAT the responses be supported and those comments being put forward as the views of the Isle of Wight Council in response to the consultation paper, with the addition of the following ;

Members supported the display on the site of planning conditions and also considered that there should be increased fees for retrospective applications.

           (c)       Member Training

The Committee was advised that the Government had set a performance standard for the Council for 2003/04 in relation to its determination of major applications.

Two training days had been arranged. The first would be on 21 January 2003 which would include procedural matters review and Best Value Review of the Service. The second day would be on 27 March 2003 and would look at member training on planning matters and probity issues. It was anticipated that the training days would be held at Northwood House, Cowes. The January event would be specifically for Development Control Committee members and the March event would be open to all members of the Council.

RESOLVED :

THAT the training events be noted and that the Head of Planning Services be authorised to send invitations to Members in due course.

           (d)       TCP/24267 - Demolition of assembly hall/club; construction of pair of semi-detached houses (revised plans), site of British Legion Hall, Richmond Meade, Freshwater

Members were reminded that the application had been considered by the Committee at its meeting held on 8 January 2002. At that meeting it was decided to defer the application for a site inspection. The subsequent site visit on 18 January 2002 was inquorate, but based on the observations of those members who attended, the Development Control Manager wrote to the agent.

A revised proposal was considered by the Development Control Committee at its meeting held on 12 March 2002, when members resolved to defer the application for further negotiations on scale, size, mass and design. Negotiations had been undertaken on those issues and further plans were submitted. Following discussions with the applicant’s agent he advised officers that his client was not prepared to amend the scheme further and wanted the application to be considered in the submitted form.

RESOLVED :

THAT conditional planning permission be granted in accordance with the recommendations set out in the report submitted to the meeting of the Development Control Committee on 12 March 2002 with the additional condition as follows :

Before the development hereby approved is commenced a splay shall be created in the south eastern corner of the site, as shown on drawing no. 01;1290;4C attached to and forming part of this decision notice, to allow parking access to the adjoining property ‘Cairo Cottage’.

Reason : In the interests of highway safety and to comply with Policy TR7 (Highway Considerations for New Development) of the Isle of Wight Unitary Development Plan.

           (e)       Schedule of Appeals

The Schedule of Appeals that had been lodged and decisions made was received.

RESOLVED :

THAT the report be noted.

           (f)        Planning Applications and Related Matters

                      (i)        Part II and Part III

Consideration was given to items 1 - 19 of the report of the Strategic Director of Corporate and Environment Services.

RESOLVED :

THAT the applications be determined as detailed below :

The reasons for the resolutions made in accordance with Officer recommendation are 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 was submitted at the beginning of the meeting and were drawn to the attention of Members when considering the application. A note is made to this effect in the minutes.

PART II

PART III

PART II

PART III

           (ii)       Part IV - Items Other Than Current Issues

                      (a)       TCP/21784B - Unauthorised alterations to vehicular access and formation of hardstanding, at The Orchard, Undercliff Drive, St Lawrence, Ventnor, Isle of Wight

Members were reminded that the item was considered at 17 September 2002 Development Control Committee meeting at which time Members requested that the report be deferred to seek clarification on how the three properties of Orchard Close, Orchard Dene and The Orchard would gain access, given that their existing shared access junction with Undercliff Drive was on the lip of the existing landslip area.

The highways engineer indicated that consultants had been asked to consider the relocation of the driveway to Orchard Dene by its relocation 10 metres north of its original position. That access had been formed and the concern with regard to the future access arrangements had been resolved.

RESOLVED :

THAT an Enforcement Notice be issued requiring the removal of the alterations to the stone wall and replacement of the wall to its situation prior to the alterations. Removal of the paviours from the crossover which has been created. Removal of the material which forms a hardstanding within the parking area. Cease the use as a vehicular access and parking area. Time for compliance – two months from the time that the notice takes effect.

                      (b)       TCP/23182D - Further report concerning a complaint regarding the construction of a jetty and the formation of a separate unit of living accommodation at Seahaven, Port La Salle, Yarmouth, Isle of Wight

Members were reminded that on 17 September 2002 a report had been placed before them in respect of the ongoing investigation with regard to a complaint regarding the construction of a jetty and the formation of a separate unit of living accommodation. At that meeting, Members resolved to note the actions taken to date and to await the return of a Planning Contravention Notice and site visit followed by a report to the Development Control Committee on any action deemed necessary. Members were given an outline of the information that had been obtained from the Planning Contravention Notice and site visit and determined if any breach of planning control had taken place.

RESOLVED :

                                   (i)        THAT the information put forward be noted with regard to the second unit of living accommodation and to accept that the separate living unit was immune from planning action, and as a consequence, the Local Planning Authority did not intend to take any further action with regard to that matter. The owner and complainant to be advised accordingly.

                                   (ii)       THAT the complainant and the owner of Seahaven be written to informing them that whilst the jetty had not been built strictly in accordance with the approved plans, from the observations taken by officers, the difference was not considered to have any significant adverse impact on the amenities of adjoining residents and on that basis, the Local Planning Authority did not propose to take any further action in respect of the complaint.

                      (c)       Use of land for storage of container trailer, caravans, vehicles and siting of mobile homes used as residential accommodation, at land rear of and adjoining Fighting Cocks Roadhouse, Hale Common, Arreton

Consideration was given as to whether the circumstances justified the service of an Enforcement Notice which required the removal of the mobile homes, caravans and other vehicles from the parcel of land.

The applicant had met with the Area Enforcement Officer at the Local Planning Authority Offices and advised the officer that he was actively seeking alternative sites to relocate. However, after a period of eight months he had been unable to find an alternative site and had in fact intensified the use of the property with the result that a visual amenity concern was arising within the immediate environment.

RESOLVED :

THAT an Enforcement Notice be served requiring the cessation of the residential use, the removal of the caravans and all other vehicles and structures from the land and the removal of the chalk access road and hardstanding and reinstatement of the ground back to agriculture. Time period for compliance 6 months.

86.      EXCLUSION OF PUBLIC AND PRESS

RESOLVED :

THAT under Section 100(A)(4) of the Local Government Act 1972 the public and press be excluded from the meeting for the following item of business, namely minute number 87 on the grounds that there is likely to be disclosure of exempt information as defined in Paragraph 13 of Part 1 of Schedule 12A of the Act.

87.      CONFIDENTIAL REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

TCP/24112/A - Proposed terrace of 2 houses and maisonettes; formation of vehicular access onto Palmerston Road, land on Corner of Alexandra Road and Palmerston Road, Shanklin

Members gave consideration as to whether an invitation should be made to the applicants inviting them to re-submit their application.

RESOLVED :

THAT the appellants be advised that the Development Control Committee stands by its decision to refuse planning permission and will defend its decision at the hearing.

CHAIRMAN