MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 11 MAY 2004 COMMENCING AT 5.00 PM

Present :

Mrs M J Miller (Chairman), Mr B E Abraham, Mr C W Chapman, Mr A C Coburn, Mr J H Fleming, Mr E Fox, Mr J F Howe, 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

Also Present (non voting) :

Mrs T M Butchers, Mr R G Mazillius, Mr A J Mundy, Mrs E Oulton, Mrs S A Smart

1. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 20 April 2004 be confirmed.

2. DECLARATIONS OF INTEREST

Mr D G Williams declared a personal interest in minute 3. Paper A1 as he knows two of the Applicants

Mr D G Williams declared a personal and prejudicial interest in minute 5. (a) (i) item 6 – Rear of 41/42 High Street and adjacent 5 Star Street Ryde, as he has undertaken contract work for the Applicant

Mrs T M Butchers declared a personal and prejudicial interest in minute 5. (a) (i) item 7 – Land at Knighton Sandpit and landfill site, Knighton Shute, Newchurch as she had been involved in discussion with Officers and Applicant regarding this site

Mrs T M Butchers declared a personal interest in minute 5. (b) Paper C (appendix) as she had been involved with an Enforcement Court Case

3. PAPER A1 – TCP/25521 LAND NORTH OF REDSHANK WAY, NEWPORT, TERRACE OF 7 HOUSES TO BE USED FOR HOLIDAY PURPOSES AND SEEKING AMENDMENT TO TCT/14525/S (ADDITIONAL INFORMATION RELATING TO MOORING ALLOCATION PROPOSED AND WITHIN EXISTING MARINA) (READVERTISED APPLICATION)

Members considered this application that was deferred from the meeting on 20 April 2004, due to the lateness of the Committee.

Late representation had been received in the form of eight letters, one requesting clarification on a building matter, two letters regarding car parks, rubbish disposal and berths for boats, three letters pertaining to issues already raised and covered in the report and one letter regarding sheet piling/Gabion wall.

Also received in the late representations where comments from the Planning Officer regarding two additional conditions that they wished Members to consider adding to this application regarding dredging and retention of land.

The local Member spoke on this item.

RESOLVED :

THAT conditional planning approval, subject to the conditions set out in the Part II Register be granted, with the following additional conditions to read:

1. The pontoon hereby approved shall be fully provided within one year of Unit No. 7 being occupied. The marina shall be dredged to give a minimum of 1.8 metres of clear water on average neap tides. The pontoons shall be made available for the holiday accommodation only.

2. Notwithstanding the details shown on the plans hereby approved details shall be submitted for approval in writing of the method of retaining the land as it abuts the marina and such agreement shall be implemented before the occupation of the seventh unit.

THAT condition 3 is amended to read, “received on 12 January 2004” as opposed to “received on 12 January 2004”

4. TCP/02700/F 9, Pier Street, SandownD Demolition of existing building; construction of 4 storey building to form 7 flats with a retail unit on ground floor

This application had returned to the Committee as the Development Control Manager had invoked a ‘Cooling Off’ period as Members had gone against the Officers recommendation of approval when it was presented at the meeting on 20 April 2004.

Members were still concerned with the size of the application and how it would fit in with the current street scene. In order to be able to give full consideration to the application, Members would find it useful to visit the site.

RESOLVED :

THAT the application be deferred by the Development Control Committee for a site inspection.

5. 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 – 12 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.

At this point the following Members declared interests:

Mrs T M Butchers declared a personal interest in minute 5 (a) (i) – item 4, 24 Howgate Road, Bembridge as the Applicant is known to her.

Mr J F Howe declared a personal interest in minute 5 (a) (i) – item 4, 24 Howgate Road, Bembridge as the Applicant is known to him.

Application:	TCP/08671/D
Details:	Demolition of detached garage; construction of detached house, (revised scheme) Land between 11-15, Newport Road, Cowes
Public Participants:	Mr James Gustar (Objector)
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 3)
Application:	TCP/09028/N
Details:	Outline for a dwelling Land adjacent The Old Barn, Rew Street, Cowes
Public Participants:	Mr Rodney Moody (Objector) Mr Johnathan Haigh (Supporter) Mr Nick Ward (Applicant)
Additional Representations:	A Letter received from the Applicants Agent regarding drainage and a proposed covenant
Comment:	Members did not agree with the recommendation, but decided to visit the site to see how the site would sit in the surrounding environment
Decision:	Deferred by the Development Control Committee for a site inspection
Conditions:	(item 4)
Application:	TCP/09309/G
Details:	Demolition of bungalow and garage; detached house; alterations to vehicular/pedestrian access (revised plans) 24 Howgate Road, Bembridge
Public Participants:	Mr Martin Hayles (Agent)
Additional Representations:	A letter of objection was received from the adjoining resident Comments from the Tree Officer
Comment:	None
Decision:	Conditional planning approval, subject to the conditions set out in the Part II Register
Conditions:	As per report (item 5)
Application:	Mr D G Williams, having declared a personal and prejudicial interest in this application, left the chamber for the duration of the debate and subsequent vote Mr A A Taylor declared a personal interest before the debate began, as he knew the objector TCP/13519/F
Details:	Two/three storey building to provide 12 flats including accommodation within roof space on third floor fronting Star Street Rear of 41/42 High Street and adjacent 5, Star Street, Ryde
Public Participants:	Miss Shelia Orchard (Objector)
Additional Representations:	None
Comment:	Members were in favour of this application, but were concerned in regard to the footpath and kerbing on the site.
Decision:	Subject to Section 106 or Section 111 agreement covering the payment of the following contributions: Transport Infrastructure payment – 12 X £750 = £9,000 Education contribution – 12 X £900 = £10,800 Open space & recreational contribution – 12 X £290 = £3,480 Conditional planning approval, subject to the conditions set out in the Part II Register (Revised Plans)
Conditions:	As per report (item 6)
Application:	Mrs T M Butchers having declared a personal and prejudicial interest, left the Chamber for the duration of the debate and subsequent vote TCP/19216/D
Details:	Renewal: Continued use of part of sandpit landfill site for use as motocross track & siting of booking in & refreshment huts Land at Knighton Sandpit and landfill site, Knighton Shute, Newchurch, Sandown
Public Participants:	Mr Roy Collins (Applicant/Agent)
Additional Representations:	A letter received from the applicants that they have complied to previous conditions placed on the site
Comment:	Members felt that the benefit that this application brings to the Islands youth out way the reasons for refusal that are outline in the planning report
Decision:	Contrary to Officers recommendation, Members granted a three year temporary conditional planning approval
Conditions:	Conditions to be similar to the ones on previous temporary planning approval (item 7)
Application:	Mr C W Chapman as Chairman of the Licensing Committee left the Chamber for the duration of the debate and subsequent vote TCP/21581/D
Details:	Continued use of site for a taxi operating centre and retention of associated buildings/structures Pt OS Parcel 8700, land at North Fairlee Farm, Fairlee Road, Newport
Public Participants:	Mr Mike Jordan (Agent)
Additional Representations:	None
Comment:	Members felt that the application did not warrant a refusal, but in order to be able to make that decision they should visit the site to see what impact the current use has on the surrounding environment
Decision:	Deferred by the Development Control Committee for a site Inspection
Conditions:	(item 8)
Application:	TCP/21804/D
Details:	12 columns supporting floodlights serving courts 4, 5 & 6; a moveable practice wall, (readvertised application) Ryde Lawn Tennis & Croquet Club, Playstreet Lane, Ryde
Public Participants:	Mrs Angela Horne (Objector) Mr Patrick Mill (On behalf of Applicant/Agent)
Additional Representations:	Photos received from the Applicant detailing the proposed lighting they wish to use A Letter from the Applicants Agent regarding location of the practice wall and lights and comments regarding the time restriction Comments from the planning officers
Comment:	Members thought that the time restriction should be extended to 22.00hrs rather than 21.30hrs
Decision:	Conditional planning approval, subject to the conditions set out in the Part II Register
Conditions:	Condition 4 to be amended to read “22.00hrs” as opposed to “21.30hrs” As per report (item 9)
Application:	TCP/25625/A
Details:	Demolition of garage & conservatory; replacement conservatory; 2 storey side extension to form replacement garage with 2 bedrooms over; 2 storey rear extension to provide additional living accommodation, (revised scheme) 36 Coronation Avenue, Cowes
Public Participants:	Mr Alan Ash (Objector) Mrs Doreen Gant (Applicant)
Additional Representations:	None
Comment:	Members felt that the application should be deferred for negotiation in order to see if the impact on the neighbouring property could be reduced in any way
Decision:	Deferred for negotiation
Conditions:	(item 10)
Application:	TCP/25943/A
Details:	Siting of mobile catering unit/kiosk Land at, The Promenade, Totland Bay
Public Participants:	Mr Michael Allsop (Objector) Mr David Filby (Parish Council)
Additional Representations:	Two letters of objection received Comments from Senior Coastal Engineering Technician to local Member Comments from the Planning Officers
Comment:	Members were concerned with the siting of the application and were also unhappy with the appearance of the kiosk
Decision:	Deferred for negotiations regarding location and design of kiosk
Reasons:	(item 12)
Application:	TCP/01870/H
Details:	Terraced development of a block of 4 flats and 3 houses; terrace of 3 houses; parking and access road Land abutting Elm Grove and Nine Acres Lane with access off, St. Johns Road, Newport
Public Participants:	None
Additional Representations:	Letter received regarding ground levels, parking and landscaping Comments from Ecology Officer received Comments from Planning Officers
Comment:	The local Member spoke on this item
Decision:	Subject to a Section 106 or Section 111 agreement for a transport infrastructure payment of £7500, a Schools provision payment of £9000 and an open space payment at £2900, giving a total payment of £19,400 Conditional planning approval, subject to the conditions set out in the Part II Register
Conditions:	Condition 15 to be amended to read “20%” as opposed to “25%” Conditions 3 and 4 to be amended to include the Ecology Officer’s report and particular the hedging on Elm Grove, along with the requirement to provide a footpath along Elm Grove. As per report (item 1)
Application:	TCP/05514/W
Details:	Demolition of store & workshops; residential development of 3 storey block of 6 flats, 3 storey block of 3 flats & 2 storey block of 2 flats; vehicular access & parking (amendments to approved scheme) Site of former garages and parking area adjacent 160, Arctic Road, Cowes
Public Participants:	None
Additional Representations:	Confirmation that a draft 106 Agreement has been submitted in regard to this application Additional condition which Planning Officers wish to be added
Comment:	None
Decision:	Subject to Legal agreement or transport infrastructure payment of £7,500 school’s provision payment of £9,000 and open space payment of £2,900 giving a total payment of £19.400. Conditional planning approval, subject to the conditions set out in the Part II Register (Revised Plans)
Conditions:	Additional condition to be added regarding M33 boundary details As per report (item 2)
Application:	TCP/25897/A
Details:	1 Jameson Gardens, Totland Bay
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 11)

6.  (a) Other Matters Not Relating To Current Planning Applications

(i) TCP/7917/E – Unauthorised change to shop front, at 9-13 Pier Street, Ventnor, which is detrimental to the visual amenities of the area

Members considered whether circumstances justified the service of a Notice under Section 215 of the Town and Country Planning Act 1990 requiring the removal of ply wood shuttering from the front of the shop situated at 9-13 Pier Street, Ventnor and the replacement of the plate glass window.

RESOLVED :

THAT property owner remove the ply wood shuttering from the window and replace it with plate glass, time limit for compliance to be two months.

(ii) TCP/09272/H – Siting of a mobile home, used as a separate living unit, at Victoria Lodge, Castlehaven Lane, Niton Undercliff, Ventnor

Members gave considered whether or not to service an Enforcement Notice requiring the removal of the unauthorised mobile home at the above address. Members agreed that the Notice should be served, but that the time limit be extended from six to twelve months.

RESOLVED :

THAT an Enforcement Notice requiring the cessation of use of the mobile home as a separate living unit and removal of the mobile home from the land be served. Time for compliance twelve months from when the Notice takes effect.

(iii) TCPE/13798/B – Buildings at 52-58 High Street, Ventnor which are falling into serious disrepair thereby adversely affecting the visual amenities of the area

Members considered whether circumstances justified the service of a Notice under Section 215 of the Town & Country Planning Act 1990 requiring the buildings at 52-58 High Street, Ventnor to be externally repaired and redecorated.

RESOLVED :

THAT a Section 215 Notice be served, requiring that the timber cladding on part of the front of the building be repaired, replaced or removed and the fabric of the building made good. Repair and repaint whole frontage of the buildings. Carry out repairs to the rear elevation by replacing damaged rainwater guttering and downpipes, replacing collapsed stonework on the first floor elevation, and removing weed infestation on the rear of the building. Repair and repaint woodwork on the front and rear elevation of the buildings including windows. Time limit for compliance to be three months.

(iv) TCP/15171/G – Unauthorised work to convert building into private dwelling, Cheeks Farm, Merstone Lane, Merstone

Members considered whether, following the refusal of planning permission, the circumstances justify the service of an Enforcement Notice requiring partial demolition, the removal of the external stonewalls, roof and the internal works and reinstating the building to its original condition.

RESOLVED :

THAT the following Enforcement Notices be served:

1. Enforcement Notice requiring

(a) The demolition of the single storey element;

(b) The removal of the external stone walls on all elevations of the building;

(c) The removal of the roof (including all rafters);

(d) The removal of the internal dividing walls, the floors and the ceilings;

(e) With all materials removed from the site.

Time period for compliance four months.

2. Enforcement Notice requiring the demolition of the internal block wall to all elevations of the building and the removal of all resultant materials from the site.

Time period for compliance four months.

3. To service an Enforcement Notice requiring the demolition of the additional elements built on to the walls of the former pigsty buildings at the rear of the site and the removal of all resultant material from the site.

Time period for compliance four months.

(v) E/15645/B – Investigation into whether building and surrounding land in connection with vehicle repairs and storage represents a material change of use. Vectra Engineering Building, Carpenters Lane, St Helens

Consideration was given to whether the use of a building and adjoining land together with the sides of the access road in connection with vehicles repairs and storage represents a material change of use and if so whether some form of enforcement action should be authorised requiring the cessation of the use and the removal of the vehicles concerned

RESOLVED :

THAT

1. To serve an Enforcement Notice requiring the cessation of the use of the land on either side of Carpenters Lane for the storage of motor vehicles and the removal of these vehicles and associated items from the land.

Time period for compliance three months.

2. To note the information presented in the report and to acknowledge that the use of the former Vectra Engineering Building for car servicing and repair, and the use of the adjoining land which forms the compound to that building for the parking and storage of vehicles does not represent a material change of use from when the premises were occupied and operated by Vectra Engineering.

3. To serve a Notice under Section 215 of the Town & Country Planning Act 1990 requiring the removal of the motor vehicles parked alongside Carpenters Lane on the basis that their continued presence is detrimental to the amenity of the surrounding area.

4. To note the information presented in the report relating to the use of the former laundry buildings and accept that no material change of use has occurred.

5. To serve a Notice under Section 215 of the Town & Country Planning Act 1990 requiring the removal of the two trailer units and the waste which is located on land to the rear of the northern most building on the basis that their continued presence is detrimental to the amenity of the surrounding area.

(vi) TCP/25066 – Refusal of planning permission for the retention of building, providing storage/animal shelter/stabling for a pony; retention of touring caravan; continued storage of two boats, part OS Parcel 0091 and 0072, land south of Hulverstone Farm, Hulverstone Lane, Hulverstone

Members gave consideration to the service of an Enforcement Notice requiring the removal of the building, the touring caravan, and two boats from the above site, as planning permission had been refused.

RESOLVED :

THAT an Enforcement Notice requiring the removal of the stable block and items stored therein, the removal of the two boats and the removal of the caravan from the land be served. Time compliance to be within two months of the Notice becoming effective.

(b) PAPER C – ISLE OF WIGHT COUNCIL UPDATE ON OUTSTANDING ENFORCEMENT ISSUES AS OF 30 APRIL 2004

Members received a report outlining the details of complaints made, number of enforcement notices, breach of conditions notices and planning contravention notices served, along with details of outstanding enforcement notices and details of Court cases.

RESOLVED :

THAT the report be noted

(c) Schedule of Appeals

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

RESOLVED :

THAT the schedule be noted

CHAIRMAN