91.
MINUTES
RESOLVED
:
THAT the Minutes
of the meeting held on 30 January 2004 be
confirmed.
92.
DECLARATIONS OF INTEREST
Interests were declared in the following matters:
Mr B E Abraham declared a personal interest in minute 93 –
(a) (i) Holliers Farm, Branstone, Sandown, as the objectors are known to him
93.
REPORT OF THE HEAD OF PLANNING SERVICES
(a)
Planning Applications and Related Matters
(i)
Part II and Part III
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 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.
|
Application:
|
TCP/10169/F
|
|
Details:
|
Land rear of 33 and 35 Albany Road and fronting, Catherine Terrace,
Newport
Demolition of garage block; terrace of 4 houses
|
|
Public Participants:
|
Mr Michael Nicholls
(Objector)
Mr David White
(Objector)
|
|
Additional Representations:
|
Comments from local
Member
|
|
Comment:
|
Local Member spoke on
this item
|
|
Decision:
|
Deferred for
negotiations on density, parking, footway and disposal of asbestos
|
|
Conditions:
|
(item 4)
|
|
Application:
|
TCP/13319/R
|
|
Details:
|
Holliers Farm, Branstone, Sandown
Demolition of buildings; conversion of buildings and
construction of new buildings to form a "Victorian Theme Park",
including a museum, shop, tearooms, toilets, exhibition and display areas and
associated facilities; formation of vehicular access and parking (revised
scheme) (readvertised application)
|
|
Public Participants:
|
Mr Ian Pratt (Objector)
Mr John Langley
(Objector)
|
|
Additional Representations:
|
A letter of objection
received
A letter of support
from the portfolio holder of Economic Development
|
|
Comment:
|
Members we not
satisfied with the visual design of the buildings
|
|
Decision:
|
Deferred for further
negotiations with regard to design and appearance of buildings to reflect
Victorian architecture
|
|
Conditions:
|
(item 5)
|
|
Application:
|
TCP/20090/H
|
|
Details:
|
New dwelling 18, Princes Way, Shanklin
Removal of condition no.4 on TCP/20090/F to allow
the formation of a vehicular access and hardstanding
|
|
Public Participants:
|
Mr Michael Moss
(Applicant)
|
|
Additional Representations:
|
None
|
|
Comment:
|
Members commented that
the application should be approved, as off road parking is an asset
|
|
Decision:
|
Contrary to Officer
recommendation, Members approved application subjection to appropriate
conditions
|
|
Reasons:
|
Members felt that
parking prevision was to be encouraged and that the application would improve
visibility on site
(item 8)
|
|
Application:
|
TCP/21445/G
|
|
Details:
|
North House, High Street, Yarmouth
Demolition of jetty structure; replacement timber
framed jetty
|
|
Public Participants:
|
Mr Bryan Vernon
(Objector)
Mr Anthony Blest (On
behalf of Applicant)
|
|
Additional Representations:
|
Comments from Yarmouth
Town Council
A copy of a letter from
the Yarmouth Harbour Commissioners to the Trinity House Lighthouse Service
A copy of a letter from
the Harbour Commissioners to the Marine Consents & Environment Unit
A Letter from the
Chartered Surveyors on behalf of the Crown Estate
Three letters of
objection received, two from local residents and one from a Solicitor on
behave of a resident.
Two additional
conditions which Officers wished to add to the report
|
|
Comment:
|
Local Member spoke on
this item
|
|
Decision:
|
Conditional planning
approval, subject to the conditions set out in the Part II Register
|
|
Conditions:
|
Additional
conditions as follows:
3.
Notwithstanding details provided on the
approved plans, groyne planking shall be affixed to one side of the jetty
only in accordance with details to be submitted to and approved in writing by
the Local Planning Authority.
Thereafter, the development shall be carried out and retained and
maintained in accordance with the approved details.
Reason:
To minimise the impact of the development on
coastal processes and to comply with Policy C3 (Development of the Coast
Outside of Development Envelopes) of the IW Unitary Development Plan.
4.
Prior to work commencing on the demolition
of the existing structure and construction of the new jetty, details of any
lighting to be installed on the structure, including power rating of the
lighting, shall be submitted and approved in writing by the Local Planning
Authority. Thereafter, only such
approved lighting shall be installed on the structure and shall be retained
and maintained in accordance with approved details.
Reasons: To minimise the effect of light pollution
and to comply with Policy D14 (Light Spillage) of the IW Unitary Development
Plan
As
per report (item 9)
|
|
Application:
|
TCP/07676/F
|
|
Details:
|
Land between Chameleon and Whitecliff Lodge, Hillway
Road, Bembridge
Renewal: 2 bungalows with vehicular access
|
|
Public Participants:
|
None
|
|
Additional
Representations:
|
None
|
|
Comment:
|
Members
were concerned with the potential for flooding in this area
|
|
Decision:
|
Deferred
for further consultation with the Environment Agency in regard to flooding.
|
|
Conditions:
|
(item
1)
|
|
Application:
|
TCP/09042/P
|
|
Details:
|
Bembridge Recreation Ground, Steyne Road, Bembridge
Proposed skate park
|
|
Public Participants:
|
None
|
|
Additional
Representations:
|
None
|
|
Comment:
|
None
|
|
Decision:
|
Conditional
planning approval, subject to the conditions set out in the Part II Register
|
|
Conditions:
|
As
per report (item 2)
|
|
Application:
|
TCP/09980/Y
|
|
Details:
|
Godshill Organics, Newport Road, Godshill, Ventnor
Conversion of shop & flat into single dwelling;
proposed replacement shop, store & prep room
|
|
Public Participants:
|
None
|
|
Additional
Representations:
|
None
|
|
Comment:
|
Members
were concerned in regard to the speed limit of the road the application is on
|
|
Decision:
|
Conditional
planning approval, subject to the conditions set out in the Part II Register
(Revised Plans)
Letter
to be sent to the Principle Highway Engineer expressing Members concern
regarding traffic speeds on the A3020
|
|
Conditions:
|
As
per report (item 3)
|
|
Application:
|
TCP/16281/U
|
|
Details:
|
Oak Tree Farm, Carters Road, Upton, Ryde
Variation and removal of conditions nos. 1 and 2 on
TCP/16281S to allow continued siting of mobile home
|
|
Public Participants:
|
None
|
|
Additional
Representations:
|
None
|
|
Comment:
|
None
|
|
Decision:
|
Refusal
of planning permission, for the reasons set out in the Part II Register
|
|
Reasons:
|
As
per report (item 6)
|
|
Application:
|
TCP/18547/C
|
|
Details:
|
Land adjacent 25, Albany View, Camp Hill, Newport
2 storey building to provide 2 maisonettes;
formation of vehicular access & parking
|
|
Public Participants:
|
None
|
|
Additional
Representations:
|
Comments
from the local Member
|
|
Comment:
|
Local
Member had indicated that having read the report, the principle concern had
been addressed and that he was happy with the recommendation
|
|
Decision:
|
Conditional
planning approval, subject to the conditions set out in the Part II Register
|
|
Conditions:
|
As
per report (item 7)
|
|
Application:
|
TCP/23168/Z
|
|
Details:
|
St. Mary’s Hospital, Parkhurst Road, Newport
Key worker accommodation in a complex of 4/5 storey
buildings, associated parking & amenity area; landscaping
|
|
Public Participants:
|
None
|
|
Additional
Representations:
|
Comments
from the Councils legal services
Comments
from Planning Officer regarding the wording of condition 1
|
|
Comment:
|
None
|
|
Decision:
|
Conditional
planning approval, subject to the conditions set out in the Part II Register
Further
Consultation with Southern Water to take place prior to notice being issued
Additional
conditions to be added in respect to drainage
|
|
Conditions:
|
As
per report (item 10)
|
(b)
Other Matters Not Relating To Current Planning
Applications
(i) TCP/11434/P/S/24519
– Alleged breach of planning control regarding
protection
of trees, Copse End, Sandown
Members considered whether a complaint alleging
breach of a planning condition regarding protection of trees and, if a clear
breach had taken place how the Local Planning Authority should respond
RESOLVED :
1. THAT the contents
of the report be noted, but to indicate to all relevant parties that in the
opinion of the Local Planning Authority the relevant conditions of TCP/11434/P
have not been breached and that the investigation is closed.
2. That the Local Planning Authority writes to the individual
identified as the owner of the land under investigation encouraging him to
initiate a strategy for the future management of this woodland and giving him
guidance where such advice could be obtained.
3. That the Local Planning Authority write to the individual property
owners backing onto the river and the field to the west alerting them to the
existence of the planning conditions and the implications if they propose to
initiate any work on trees at the bottom of their gardens.
(ii)
TCP/13520/N – Construction of 12 detached houses, (AORM,)
land at St Cross Business Park, South of Lower St Cross Farm, Dodnor Lane,
Newport
Members considered whether
the Local Planning Authority should or should not seek compliance with the planning
condition prohibiting the use of Dodnor Lane by construction traffic, during
the building of the final four houses on this site.
RESOLVED :
THAT the Local Planning
Authority will not enforce condition 7 of TCP/13520N regarding the use of
Dodnor Lane by construction traffic relating to the development of plots 1-4 of
this site.
(iii) TCP/20576/D – Unauthorised change of
use to builders store a Westmill, Carisbrooke Road, Newport
Members considered whether
circumstances justified the service of an Enforcement Notice requiring the
cessation of use as a builder’s store of loft space above domestic garages at
Westmill, Carisbrooke Road, Newport.
RESOLVED :
THAT the service of an Enforcement Notice requiring
the cessation of the use of the loft space for storage of plumbing/builders
materials and other commercial use and removal of all associated items
including the timber staircase and scaffolding structure. Time for compliance: one month from when the
notice takes effect.
(c)
Schedule of Appeals
The Schedule of Appeals that had been lodged and decisions
made was received.
RESOLVED :
THAT the report be noted.
94.
URGENT BUSINESS
The Chairman agreed to two
items of urgent business, as decisions or notification were required before the
next meeting.
(i) TOWN AND COUNTRY PLANNING (GENERAL
PERMITTED DEVELOPMENT) ORDER 1995 PROPOSED ARTICLE 4 DIRECTION
LAND AT
HILL FARM, SKINNERS HILL, NEWCHURCH, SANDOWN
Members were advised on the Officer of the Deputy
Prime Minister’s (ODPM) decision in respect of proposed Article 4 Directions on
land at Hill Farm in Skinners Hill, Newchurch that was taken in late January 2003.
The First Secretary of State
was not satisfied that a real and specific threat of development had been
demonstrated sufficient to withdraw “permitted development” rights set out in
Part 4 and Part 5 of Schedule 2 to the Town and Country Planning (General
Permitted Development) Order 1995. Consequently he has decided not to approve
the proposed Article 4 Directions.
RESOLVED
:
THAT the decision by the First Secretary be noted
(ii)
TCP/1523M P/326/02 – Outline for residential development with
additional leisure and retail uses at ground floor, day sailing centre and
marina (revised scheme) (readvertised application) – Sheppards Wharf and 38
Medina Road, Cowes
Member gave clarification on the following clauses
in the Resolution taken on 8 April 2003 to approve the above scheme subject to
a legal agreement.
(i) Clause 2.1 (resolution no 5 is the
clause that relates to the Sustainable Transport Fund of £38,250.
The Council’s position
states that to pay the Council on the date of this agreement the sum of £38,250
as a contribution towards the Council’s Sustainable Transport Fund. The developer requests that this monies be paid
in two parts, the first on commencement of the development and the second prior
to the occupation of the first unit.
RESOLVED :
That the payment is paid
prior to the commencement of development on site
(ii) Clause 2.2 (resolution no 1)
relates to off site affordable housing provision.
The Council’s position is to
pay to the Council by two equal instalments the sum of £350,000 as a
contribution towards the provision of affordable rented housing as set out in
Policy H14 of the Isle of Wight Unitary Development Plan. The first instalment of the contribution to
be paid on the date of the agreement and the second instalment of the
contribution to be paid on 1 April 2004 or immediately prior to the
commencement of the development as defined by Section 56 of the 1990 Act,
whichever shall be the earlier.
The developer suggests that
the monies should be split and paid on completion of:
17 units - £116,666
27 units - £68,627
37 units - £68,627
47 units - £68,627
51 units - £27,453
RESOLVED :
Half the monies to be paid
at the commencement of the development and the remaining half paid prior to the
16th residential unit being transferred, title completed and
registered at H.M.L.R.
(iii) Clause 2.3 (resolution no 2) This
is the requirement that alternative boatyard facilities are provided elsewhere
before the flats approved are occupied.
Generally speaking any legal
agreement ties in the use of land to the owner of the land. The Committee’s
resolution of the 8 April 2003 was quite broad and stated simply “provision of
alternative boatyard facility.”
The developers have not
secured the freehold interest but have negotiated a 20 year lease (with no
review after 1 or 20 years) for the use of the Kingston site. By making this
land operational (HC will have to make a financial commitment of approximately
£500,000. An investment will be made to provide a travel dock (a trade crane,
piles and piers), lifting equipment, capital dredging (approximately £200,000)
and a £150,000 up grade of existing buildings.
There of course will be a risk
that the lease may be surrendered or may not happen and it is for the Members
to assess this risk. A safeguard can be added into the agreement to provide
facilities else where (up to a period of 20 years) the lease falls. However I
believe that a Statutory body such as CHCV and its inherent accountability
lends itself to minimise any risk. A level of investment as outlined above is
not conducive to a company that is likely to walk away.
RESOLVED :
To accept that a lease of 20
years and the investment regained and implementation of an operational site,
satisfies the Committee’s resolution of 8 April 2003.
(iv) Clause 2.4 (Resolution no 3 and in part planning
conditions)refers to the use of the ground floor for leisure and retail
purposes.
Clarification needs to be
sought on what members regard as retail leisure facilities. It is suggested that A1, A2 and A3 uses are
appropriate, and D2 Assembly and Leisure.
For avoidance of doubt:
A1 - Shops, Retail Warehouses, Hairdressers, Undertakers, Travel
& Ticket Agencies, Post Office, Dry Cleaners etc. Pet Shops, Cat Meat Shops, Trike Shops, Sandwich Bars, Showroom,
Domestic Hire Shops, Funeral Directors.
A2 - Banks,
Building Societies, Estate & Employment Agencies, Professional &
Financial Services, Betting Offices.
A3 - Restaurants,
Pubs, Snack Bars, Café Wine Bars, Shops for Sale of Hot Food.
D2 - Cinemas,
Music & Concert Halls, Dance & Sports Halls, Swimming Baths, Skating
Rinks, Gymnasiums, other Indoor and Outdoor Sports and Leisure Uses, Bingo Halls,
Casinos.
RESOLVED :
That the Resolution for
retail/leisure facilities should be interpreted to give permission on the
ground floor for all of the above uses
CHAIRMAN
