MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 10 JUNE 2003 COMMENCING AT 5.00 PM


Present :

 

Mrs M J Miller (Chairman), Mr B E Abraham, Mr C B W Chapman, Mr A C Coburn, Mr J H Fleming, Mr E Fox, Mr J F Howe, Mrs B Lawson (deputising for Mrs M A Jarman), Mr C H Lillywhite, Mr V J Morey, Mr A A Taylor, Mr J A Whittaker, Mr D G Williams, Mr D T Yates


Apologies :

 

Mrs M A Jarman


Also Present (non voting) :

 

Mrs T M Butchers, Mr D J Knowles, Mr A J Mundy, Mrs E Oulton, Mrs J White







17.      MINUTES


RESOLVED :

 

THAT the Minutes of the meeting held on 30 May 2003 be confirmed.

 

18.      DECLARATIONS OF INTEREST


Interests were declared in the following matters :


Mrs B Lawson declared a personal interest in Minute 19 (a) 2 Former Garage Premises, South Street, Ventnor - as she was a near neighbour - and remained present.


Mr J H Fleming declared a personal interest in Minute 19 (a) 10 Land opposite Gore Cemetery, south west of Arreton Cross, Downend Road, Newport - as he was the Portfolio Holder for Tourism - and remained present.

 

19.      REPORT OF THE STRATEGIC DIRECTOR OF ENVIRONMENT SERVICES

 

           (a)       Planning Applications

 

Consideration was given to items 1 - 10 of the report of the Strategic Director of 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.

 

Members of the Committee adjourned the meeting for ten minutes to enable them to read the additional representations that had been received in respect of TCP/25508, and other applications.

 




Application:

(During the course of the debate Mr D T Yates declared a personal interest as the applicant was known to him, and remained present).


TCP/09682/E

Details:

Fernhill House, Fernhill, Wootton Bridge, Ryde, Isle Of Wight, PO33 4QX

Conversion/adaptation of unauthorised 2 storey building into single storey barn

Public Participants:

Mr H Matthews (Applicant).

Additional Representations:

Amended plans had been received showing a reduction in height and further details of how the site was used with regard to the other building.

Comment:

None.

Decision:

Deferred for a site inspection by the Development Control Committee.

Conditions:

(Item 4).







Application:

(During the course of the debate Mr D T Yates declared a personal interest as the applicant was known to him, and remained present).


(During the course of the debate Mr B E Abraham declared a personal interest and remained present).


TCP/21651/B

Details:

Hermitage Court Farm, Whitwell, Ventnor, Isle Of Wight, PO38 2PJ

Removal of agricultural occupancy condition on TCP/19655 and TCP/19655/A

Public Participants:

After consultation with the Monitoring Officer, Mrs D Gardiner read to members a statement prepared by Mrs S Harvey (Objector).

Mr C Holmes (Applicant).

Additional Representations:

None.

Comments:

None.

Decision:

Refusal of planning permission, for the reasons set out in the Part II Register.

Reasons:

As per report (Item 6).

 

 


Application:

TCP/22128/B

Details:

Land north of Newport C of E Primary School, Kitbridge Road and south of, Petticoat Lane, Newport, Isle of Wight.

Outline for residential development.

Public Participants:

Mr M Earp (Objector).

Mr M Carrington (Agent).

Additional Representations:

None.

Comments:

Members raised a question with regard to the lack of Archaeological comment.

Decision:

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

(revised plans) (subject to a Section 106 Agreement covering the following:

 

           1.        Great Crested Newt translocation - mitigation and compensation including:

 

Provision of ponds off site to replace the existing pond and safeguard the population of such pond on site :

                                   (a)       to the entire satisfaction of the Council and

                                   (b)       before development commences.

 

           2.        Affordable housing

 

20% of the residential units built shall be social housing which shall be sold :

                                   (a)       to a registered social landlord at 50% of the market price for such dwellings and

                                   (b)       prior to the occupation of 50% of the remaining residential units.

 

           3.        Open space maintenance

 

Before the occupation of any dwellings, to transfer open space areas to the Council and pay a commuted sum to the Council for the maintenance of such open spaces BUT in the event the landowner fails to agree a commuted sum with the Council, the landowner shall forever maintain said open spaces to the satisfaction of the Council.


That a letter be sent advising the applicants that any detail or reserved matter application may be subject to a requirement for a traffic impact assessment. The necessity for such a traffic impact assessment will be dependant upon the density and type of road layout and the need for any such assessment should be subject of pre-application negotiations in order to establish

 a)        its need and

 b)        that it accompanies any submitted application.

Conditions:

As per report (Item 7).

Application:

TCP/22975/D

Details:

Christian Meeting Room, Buckbury Lane, Newport, Isle of Wight.

Retention of external lighting.

Public Participants:

Mr J Ambrose (Objector).

Additional Representations:

None.

Comments:

Members believed the lights were unacceptable due to the excessive height.

Decision:

Contrary to officer recommendation - Refusal of planning permission, for the reasons set out in the Part II Register.

Enforcement Action was authorised with 2 months for compliance.

Reasons:

Application was refused for reasons relating to the number and visual appearance of lamp standards outside the development envelope and unacceptable amount of light spillage in a semi-rural area.


(Item 8).

Application:

TCP/24597/B

Details:

The Boat House, 65 Marsh Road, Cowes, Isle of Wight.

Demolition of dwelling; construction of replacement dwelling.

Public Participants:

Mr R Sauven (Applicant).

Additional Representations:

A letter from Mr A J Mundy, the local councillor was received.

Comments:

None.

Decision:

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

Conditions

As per report (Item 9).




Application:

(Mr J H Fleming declared a personal interest, as the Portfolio Holder for Tourism, and took no part in the debate or voting thereon).


TCP/25508

Details:

Land opposite Gore Cemetery south west of Arreton Cross, Downend Road, Newport, Isle of Wight.

Continued use of land for motocross; upgrading of track and facilities.

Public Participants:

Mr D C Russell, Ms J Cook. Mr R Scotchbrooke (Objectors).

Mrs H Calloway (Arreton Parish Council).

Mr A Kind, Mr R Bradley, Ms J Coyne (Supporters).

Additional Representations:

A solicitor acting on behalf of one of the principal objectors to the application had submitted a detailed letter expressing his major reservations about the processing of the application and the recommendation to grant temporary planning permission as well as giving prior notice that his clients were considering the possibility of a legal challenge to any permission and also lodging a complaint with the Ombudsman.


A letter was received from the applicant. In addition the applicant submitted a letter requesting changes to conditions.


The Highways Officer suggested additional conditions.


Comments from Arreton Parish Clerk were received.


Comments from the Footpath Officer were received.


One letter of comment was received.


A letter from the Council for the Protection of Rural England was received.


Two further letters of support were received.


In addition to the representations included within the report an additional 31 (some from the same author) had been received.


A letter from the Ramblers Association was received.


Comments from Arreton Parish Council were received.


Comments from the AONB Unit were received.


Comments from DEFRA were received.


Comments from Isle of Wight Tourism were received.

Comments:

Members had received a copy of the letter from the solicitor acting on behalf of one of the principal objectors.

Decision:

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


That the use of the site is monitored concurrent with the Environmental Health Department over the period of the planning permission.

Conditions

Amendments and additions to the conditions as follows :

 

2.        The use hereby permitted, namely the motorcross event, shall be limited to a total of 24 days per annum. These events include any event days and practice days. Of these motorcross events no event shall occur on consecutive weekend days, namely Saturday and Sunday.

 

7.        Prior to the commencement of any motorcross activity on the site, the track surface shall be ‘damped down’ to prevent any dust emissions beyond the site boundary, thereafter for the duration of the event visual observations shall be made and when the generation of dust is noted all activities shall cease until further damping down of the track surface has been completed. The details of the methods employed to ‘damp down’ including when, amount and location shall be submitted to the Local Planning Authority to be agreed in writing within two months of the date of this permission.

 

12.      No public address system shall be installed or used at any time on or around the site subject of this permission unless agreed in writing with the Local Planning Authority. Details of submission will include the level of amplification and direction.

 

13.      Other than the day proceeding or following an event day agreed in accordance with the schedule of events submitted under condition 5 above, no mobile structure of any description shall be left on the site at any time unless the prior written agreement of the Local Planning Authority has been obtained.


To further enhance condition 13, condition 16 is suggested.

 

16.      Details of any fixed structures or track markers that are to be permanently retained shall be submitted to the Local Planning Authority for agreement in writing within two months of the date of this permission. Such details should include size, number, location and necessity.

 

17.      No more than 40 bikes shall be permitted per race and no more than 20 races shall take place on a race day.

 

18.      No noise whatsoever shall emanate from motor vehicles using the site for practising or events three quarters of an hour before a burial and three quarters of an hour after a burial at Gore Cemetery on any day unless prior written approval has been received from the Local Planning Authority.


As per report (Item 10).

 


Application:

TCP/01800/K

Details:

Metropole Hotel, Esplanade, Ventnor, Isle Of Wight, PO38 1JS

Demolition of building; construction of 4/5/6 storey building to form 14 flats, 8 holiday flats, restaurant with conservatory and parking facilities (revised plans)

Public Participants:

None.

Additional Representations:

A letter from Mr A C Bartlett, the local councillor, was read out.

Comments:

None.

Decision:

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

(Covering letter to accompany decision notice regarding ground stability issues).

Conditions

Condition 7 to be amended as follows :

 

7.        The restaurant hereby permitted shall not be opened to customers outside the following times 0800 hours and midnight daily and the restaurant area shall be vacated promptly at midnight.


Additional condition as follows :

 

14.      None of the residential flats hereby approved shall be occupied until, the restaurant and 8 holiday flats, the subject of this consent, have been brought into use, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order to ensure as far as possible that the tourist elements of the scheme are provided, in accordance with Policy T5 (Hotels Outside of Defined Hotel Areas) of the Isle of Wight Unitary Development Plan.


As per report (Item 1).



Application:

(Mrs B Lawson declared a personal interest as she was a near neighbour).


TCP/05548/G

Details:

Former garage premises, South Street, Ventnor, Isle of Wight.

2/3 storey block providing 6 flats and house; pair of semi-detached houses and parking/turning area (revised scheme) (revised plans) (readvertised application).

Public Participants:

None.

Additional Representations:

Comments from Southern Water were received.

Comments:

None.

Decision:

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


(covering letter to accompany decision notice regarding ground stability considerations and drawing attention to issues raised by the Architectural Liaison Officer).

Conditions

As per report (Item 2).




Application:

(During the course of the debate Mrs B Lawson declared a personal interest as it was her husbands place of employment).


TCP/06661/N

Details:

The Shipyard, Ashlake Copse Road, Ryde, Isle Of Wight, PO33 4EY

Detached house.

Public Participants:

None.

Additional Representations:

None.

Comments:

None.

Decision:

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

Conditions

As per report (Item 3).

Application:

TCP/11594/Y

Details:

Heathfield House, Heathfield Road, Freshwater, Isle of Wight.

2 storey extension to form 2 flats; 4 dwellings (revised plans), (revised scheme), (readvertised application).

Public Participants:

None.

Additional Representations:

None.

Comments:

None.

Decision:

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


(Subject to voluntary modification without compensation, of the planning permission granted under reference TCP/11594T/S/26011 insofar as it relates to provision of a two storey extension on the north western corner of the building to provide seven flats.)


That the applicant be advised that under the Wildlife and Countryside Act 1981 it is an offence to disturb a nest which is in use and any tree surgery or removal should be carried out outside the nesting season.

Conditions

Additional condition as follows :

 

5.        Prior to any works of commencement (as defined in Section 56 of the Town and Country Planning Act 1990) of any of the works authorised by this consent, a schedule of works for excavation or site levelling, showing the location, depth, method of digging and relationship with the crown and root spread of protected trees shall be submitted to and approved by the Local Planning Authority. Thereafter, all excavation and levelling at the site shall be carried out in accordance with the agreed scheme, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure as far as possible the retention of protected trees on the site, and Policy D2 (Standards for Development within the site) of the Isle of Wight Unitary Development Plan.


Additional condition to take into consideration sound attenuation as received in Environmental Health report.


As per report (Item 5).

 

 

           (b)       Other Matters Not Relating to Current Planning Applications

 

TCP/25516 - Beauty therapist working from residential property at 14 Winston Road, Cowes

 

Members gave consideration to the course of action to be adopted in respect of an alleged unauthorised commercial use at a residential property situated at 14 Winston Road, Cowes.

 

A complaint had been received in April 2003 that the new owner of the property was setting up a business as a beauty therapist from her home address. An Enforcement Officer had visited the site and spoken with the owner. Towards the end of April the complainant telephoned the Planning Department again and told officers that a number of clients had called at the address. A Planning Contravention Notice was served on the owner of the property which was promptly returned with a covering letter. The information was imparted to the complainant who admitted that the number of persons visiting the property had dropped dramatically.

 

RESOLVED :

 

THAT the current level of activities at 14 Winston Road do not amount to a material change of use be accepted and to take no further action at this time.

 

20.      URGENT BUSINESS - TCP/24609 CONSTRUCTION OF SKATEBOARD PARK INCLUDING PERIMETER FENCING AND RAMPS ON SECTION OF COACH PARK ADJOINING L A BOWL, ESPLANADE, RYDE


The Chairman agreed to an item of urgent business, as a decision was required before the next meeting.


Members gave consideration to a request for alterations to increase the height of proposed railings, which were to enclose the previously approved skateboard park, from 1.2 metres to 2.1 metres high, the railings were to be of the round ball type and not with a roll top.


RESOLVED :

 

THAT the proposed alteration be treated as a minor amendment to the previously approved scheme.

 

21.      Schedule of Appeals


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


RESOLVED :

 

THAT the report be noted.

 

 

 

 

 

CHAIRMAN