TUESDAY 11 MAY 2004
REPORT BY HEAD OF PLANNING
SERVICES
TCP/25521 Terrace
of 7 houses to be used for holiday purposes and seeking amendment to
TCP/14525/S (additional information relating to mooring allocation proposed
& within existing marina) (readvertised application), land north of
Redshank Way, Newport, PO30
Officer: Mr G
Hepburn Tel: (01983)
823575
REASON FOR COMMITTEE CONSIDERATION
A relatively straightforward application that has attracted a large amount of objection and went to the 14 October 2003 Development Control Committee. The application was deferred to seek more information regarding the pontoons. This additional information was advertised on the 16 January 2003. The application returned to the Development Control Committee on 2 March 2004 at which time it was deferred to obtain clarification regarding the mooring spaces. This clarification is added to the evaluation. The Committee deferred this application on 20 April 2004 as it was too late in the evening to deal with. The Development Control Manager was further asked to review this particular case and the overall situation at Island Harbour therefore asking Members to determine the application. For clarity this review has not been embodied within the report and is appended in its form placed before Members on 20 April 2004.
PROCESSING INFORMATION
This application has taken
11 months to process due to the clarification sought from statutory consultees,
level of casework of the Officer and the restructuring of the Development
Control Section as well as requesting information form the applicant and
readvertising the application.
LOCATION AND SITE
CHARACTERISTICS
Site is currently being
developed with drains etc. being laid. Site appears to be spoil from adjoining development to the south
which has been built out (41 units of 96).
To the west is the attractive waterscape of the marina which becomes
informal in its setting as the views move further northwards. To the east is open farmland that slopes up
from the site. The site is linked to
the existing development to the south by private roadways and paths. Overall the area has a pleasant feel and a
clear association with the water.
RELEVANT HISTORY
TCP/14525S - 96 yachtsmen
holiday cottages and flats, 96 marina berths and 128 parking spaces - approved
18 November 1988. Section 52 Agreement
(31 October 1988) restricting amongst others the use to forty two weeks per
year and a requirement to keep a boat.
Since that date applications
have been made to vary the restrictions but they have been unsuccessful with
Members reaffirming their position in January 2001.
An amendment to the above
scheme was agreed on 30 January 2001 which changed elevational details and
slight revised siting on plots 37 to 43 and 29 to 36 and the rearrangement of a
pontoon.
A further amendment to the
original scheme was rejected as an amendment as it required a planning
application. This proposal is the
subject of this report which has now been submitted as a planning
application.
Separate enforcement
investigations have been authorised for the existing site.
DETAILS OF APPLICATION
Proposal seeks to amend
approved scheme (TCP/14525S). The seven
units remain on the same footprint.
Terrace split in height at 2 units, 2 units and 3 units. Oriel type bays at ground floor and canopies
to main entrance door. Brick
construction with slate roofs. Some
tile hanging. Two storey with
accommodation in roof giving three storeys but reading generally as two. Dormer details not clear but are sited on
both front and back elevations. Access
by paths, car parking off site. Further
information regarding the berth holdings of the marina has been submitted.
"With regard to the above development currently under construction
and its associated pontoon, we will be allocating nineteen new berths, which
include the existing houses 9-20 Redshank Way, currently moored in the
commercial berthing area.
Please find enclosed the proposed
design for the new 'G' pontoon.
specific house by house allocations will follow shortly, and it is
anticipated that we will have the new pontoon in place during August of this
year."
Moorings are shown to the
placed alongside and on a new finger pontoon.
DEVELOPMENT PLAN/POLICY
The site is shown outside a
designated development envelope but within the policy area T6 (Permanent
Holiday Accommodation).
"Planning applications for the expansion of existing permanent
accommodation sites, as defined on the proposals map, will be approved where
the following criteria can be met:
(a) they adjoin or are
directly related to the existing built facilities;
(b) they do not detract from
the surroundings;
(c) they
enhance the environment, or improve the visual appearance of the site;
(d) new or
replacement units are appropriate in design and appearance and the resulting
density of the site does not adversely affect the rural character of the area."
D1 - Standards of Design
TR7 - Highway Considerations for New Developments
TR7 Zone 4 - Car Park (0 to 100% requirement)
C11 - Sites of Local Importance for Nature Conservation
G7 - Development on Unstable Land
G6 - Development in Areas Liable to Flooding
CONSULTEE RESPONSES
Isle of Wight Fire and Rescue Services comment "No action by this department".
Highway Engineer advises
that there are no highway implications within this development.
English Nature advise that
the application will not have a significant effect (as described under
Regulation 48 (3) of the Conservation (Habitats C) Regulations 1994) on the
nearby international sites.
Council's Ecology Officer
comments that "the site lies close to a Site of Importance for Nature
Conservation C200. A part of the SINC is vulnerable to increased dredging and
pontoons within Island Harbour but I have no comments to make at this stage in
relation to the current proposals".
The Environment Agency has
no objection but recommends that a condition to flood defence maintenance be
placed on the development and to advise the applicants that the river Medina is
a statutory main river and works within 8 metres of the top of the bank require
their consent.
Southern Water comment that
a water supply can be provided for the proposed development as and when
required, and with regard to drainage they comment:
"This application appears to be only a substitution of house types
which would not increase the load on the sewers. The plan indicates an ' existing treatment plant' on the site. I believe this refers to an adopted pumping
station originally constructed to serve the Island Harbour development. Capacity for the complete development should
have been allowed for in the design of the pumping station. In 'Sewers for Adoption - 5th Edition' it is
recommended that no habitable buildings are located within 15 metres of a
pumping station to minimise the risk of odour, noise and nuisance. We interpret this distance as from the
perimeter fence. Some of the other
buildings shown on the development plan do not comply with this
recommendation. I have no record of any
sewerage incidents in this area possibly because only the pumping station and
associated rising main are the responsibility of Southern Water."
The Council's Contaminated
Land Officer comments:
"I have recently reviewed your application for a terrace of seven
houses for which I understand outline consent has already been granted some
fifteen years ago. I visited the site
and observed several thousands of tons of 'earth' on the site of 'Phase 2' of
the Island Harbour development. I am
concerned that this material might not be sufficiently 'clean' to be used in a
residential development with gardens. I
would therefore like to see some soil samples analysed for the ICRCL suite of
contaminants and for the Total Petroleum Hydrocarbons and sent to this
department to verify the suitability of the material to be used. It would also be helpful to tell us the
source(s) of the material that has been deposited there. I enclose a list of laboratories for your
convenience."
He later confirms, following
the receipt of a contamination report, that the land is suitable for
residential development.
Not applicable.
There has been a large
number of representations on this application (some of which are from the same
author) and Members are reminded that the full contents can be viewed at my
office.
There has been 51 letters of representation, 10 of which are from the Island Harbour Residents Society Ltd and 7 from one resident and 7 from another resident.
Letters of
objection/comments were concerned with:
1.
Ownership and applicant
2.
Base plans incorrect
3.
Advertisement brochure
being incorrect
4.
Trees to be planted are not
shown
5.
Scheme moving away from
original consent
6.
Violations of rights of
original Section 52 Agreement holders and need to consult to any change to
Section 52 Agreement
7.
Problems with existing
drains on site
8.
Consequences of new berth
spaces
9.
Concern with pylon
10. Description of changes was given
11. Buildings at different levels
12. Need to dredge the marina
13. Concern with the level of use of Mill Lane since the
first 29 houses were built.
14. Construction traffic and effect on Mill Lane
15. Houses are larger creating more rubbish and parking
16. Gabion wall removes potential for slipway
17. Levelling of ground
18. Health and safety issues
19. 42 week restriction must continue
20. Application may prejudice comprehensive redevelopment
of the area
21. Depth of marina is too shallow
22. Removal of hip roof
23. Need for additional car parking spaces
24. Ground stability problem on reclaimed land
25. Filling in the marina with soil
26. Estuary is valuable wild life habitat
27. Reduction of light and view
28. Safety of existing boats
29. Hours of operation
30. History of planning approvals directs this development
should be refused
31. Brick samples
32. Disposal of dredging material on nearby land.
33. Lack of bin area.
34. Parking.
35. Objection to holiday use (relationship between Section
52 and Section 106 Agreement).
36. Craft should be in the private marina.
CRIME AND DISORDER
IMPLICATIONS
No crime and disorder
implications are anticipated.
EVALUATION
Apart from the dormer
windows that this application seeks to provide there is no breach of planning
control with regard to the development that has taken place at this site. This development was agreed by the Development
Control Committee on 30 January 2001 which amended the original scheme approved
under TCP/14525/S in 1989. Therefore
this application seeks to amend the scheme approved by the Development Control
Committee by adding dormers to the roof.
The original application
for 96 yachtsmen's holiday cottages and flats required a boat to be moored in
the private marina. The vast majority
of the 41 units built are moored in the private marina. This is shown as Pontoon F on the attached
plan. However, there are 11 mooring
spaces outside the private marina shown under Pontoon B and D, again on
attached plan. It is a requirement of
this Planning Authority that these 11 spaces should be moved into the private
marina. However, there is no pontoon to fulfill this requirement. This application provides a pontoon for
these 11 mooring spaces that are not currently in the commercial marina.
Therefore if planning
permission is granted the holiday houses can be completed, the pontoon provided
(including any necessary dredging) and the 11 spaces can be moved into the
private marina. Below I copy the report
submitted to the Development Control Committee on 2nd March 2004.
After some toing and froing
and the receipt of correct plans the application seeks to amend the original
scheme for 96 units (TCP/14525S) in two ways - change of seven terraced houses
design and a change in the siting of the associated moorings.
During negotiation the
scheme proposed will be for holiday accommodation as opposed to the 42 week
restriction that currently exists. (For
information the 42 week occupation is not linked to a holiday use).
In essence units themselves
have been agreed previously as an amendment to the approved scheme. However, the addition of dormers will
effectively make an amendment on an amendment which took the proposal away from
the original permission to a degree that a separate planning application was
required.
Seven units pick up the
overall theme of the existing 41 units being of a similar scale and mass and
keeping to the original footprint. The
roofs sit as a large addition given a suppressed feel to the accommodation
below. Typical of fisherman type
cottages. The dormers on each roof
oppose this concept being a little large, but overall sitting comfortably. Tile hanging bricks and slate add an
acceptable variety without becoming too fussy.
In determining application
of this nature the starting point is whether or not in principle the
development complies with policy.
Policy T6 (Permanent Holiday Accommodation) allocates the site for such
a use. In fact it follows close to the
original permission that is still extant.
That is the remaining 55 units could be built today without recourse to
the Local Planning Authority.
I believe that the design,
although moving away from the original concept, is acceptable. The development may be a catalyst for
completing a scheme that needs to be completed.
The Environment Agency
picks up the concern regarding the possible flooding in 2060 if existing
defences are not maintained. By an
appropriate condition require maintenance then the requirement of policy G6
(Development in Areas Liable to Flooding) can be safeguarded.
On site there appears to
have been some self seeding and colonisation by plants. If permission is forthcoming then these can
be covered by landscaping condition.
Land stability appears to
be superficial in that the concerns relate to fill rather than the whole area
moving. I anticipate that this will be
a Building Control matter. The edge of
the land will be distinguished by a gabion wall rather than sheet piling. This will safeguard the nature conservation
interests of the nearby European designated sites (lack of noise) as well as
the adjoining SINC. The Ecology Officer
has no further comment to make on the effect of this development on those
interests. If the overall development
progresses northwards then I believe the impacts of the SINC may be greater.
The overall development to
the south has worked well and that the majority of car parking is off site
(away from housing) with a narrow road restricting this I feel that this
concept shall continue. The area is in
Zone 4 parking considering there is a requirement of 0 to 100% parking. Holiday makers are unlikely to have more
than one car so an additional seven spaces in the existing car park will help
to avoid cars cluttering the road network.
The original scheme for 96
units received confirmation from the Highways Department that the private road
network was acceptable for the full development. They make no further comment on this application.
Part of the original
concept of the scheme was to make this area a holiday area for sailors of
yachts/boats and accordingly a restriction was put upon the permission
requiring that the mooring space should be provided for each holiday unit. Making a mooring space available per unit
will carry this concept forward.
A contamination report has
been sought from the Agents and it has recently been confirmed by the Council's
Contaminated Land Officer that the area is acceptable for residential
development.
Brick samples have been
submitted and appear of good quality and akin to other bricks used within the
former development.
Since the completion of the
original Section 52 Agreement Government advice is to restrict use by
conditions rather than legal agreement.
In this instance the holiday restriction and moorings do not need to be
covered by legal agreement (Section 106).
Although the development
ties in with the original development it does not prejudice its further
implementation I believe it can stand alone and be granted planning permission
in its own right.
Drainage matters are best
dealt with at Building Control stage.
Southern Water confirm the sewage capacity for the pumping station. Buildings are not set away from the pumps.
There are, as previous, no
restrictions on the size of boat to be used and therefore at this stage capital
dredging of the marina is not anticipated.
MAFF licences may be required if dredging occurs.
It remains my opinion that
any third party rights such as easements, agreements and covenants that are
made between the interested parties are not overridden or removed by this
planning application which is concerned with land use.
Additional information
shows the distribution of existing mooring but more importantly this
application also includes a new pontoon giving the comfort that Members sought.
HUMAN RIGHTS
In coming to this
recommendation to grant planning permission consideration has been given to the
rights set out in Article 8 (Right to Privacy) and Article 1 of the First
Protocol (Right to Peaceful Enjoyment of Possessions) of the European
Convention on Human Rights. The impacts
this development might have on the owners/occupiers of the other property in the
area and other third parties have been carefully considered. Whilst there may be some interference with
the rights of these people this has to be balanced with the rights of the
applicant to develop the land in the manner proposed. Insofar as there is an interference with the rights of others it
is considered necessary for the protection of the rights and freedom of the
applicant. It is also considered that such action is proportional to the
legitimate aim and in the public interest.
JUSTIFICATION FOR
RECOMMENDATION
Having given due regard and
appropriate weight to all material considerations referred to in this report, I
am satisfied that this development will not have a significant impact on the
area affecting the visual and residential amenity. The nature conservation interests are safe guarded by condition
and the proposal calls for policies containing the Isle of Wight Unitary
Development Plan and I recommend accordingly.
RECOMMENDATION - APPROVAL
Conditions/Reasons:
|
1 |
A10 |
The development hereby permitted shall be begun before the expiration
of 5 years from the date of this permission. Reason: To comply with Section 91 of the Town and
Country Planning Act 1990. |
|
2 |
E01 |
The accommodation provided in the development hereby approved shall be
used for holiday purposes only. Reason: To ensure that the development remains for
holiday purposes and to comply with Policies T1 (Tourism) and T3 (Holiday
Accommodation) of the IW Unitary Development Plan. |
|
3 |
UN1 |
The berth/mooring spaces shown on drawing D7 reviewed on 12 January
2004 shall be provided on a pro rata basis before each unit is occupied. That
is before unit 1 is occupied a mooring spaces has to be provided in the space
shown 1 to 7 on the plan, before unit 2 is occupied 2 spaces have to be
provided in the spaces shown 1 to 7 on the plan etc. Reason: To ensure that adequate
mooring spaces are provided for the holiday units and to ensure that the
development retains a link to the Marina and to comply with Policy T6
(Permanent Holiday Accommodation) of the Isle of Wight Unitary Development
Plan. |
|
4 |
UN2 |
The allocated space pursuant to condition 3 shall be for the sole use
of the occupants of the holiday units hereby approved when the units hereby
approved are in occupation. Reason: To ensure that the development retains a link to the
Marina and to comply with Policy T6 (Permanent Holiday Accommodation) of the
Isle of Wight Unitary Development Plan. |
|
5 |
UN3 |
A new area of land adjoining and abutting the existing car park shall
be constructed in similar materials and provided for an additional seven
spaces before the units hereby approved are first occupied. Reason: To ensure that adequate car parking spaces are
provided without the need to park on the private roads and to comply with
Policy TR7 (Highway Considerations for New Development) of the Isle of Wight
Unitary Development Plan. |
|
6 |
UN4 |
Details of a scheme of maintenance for existing flood defences shall
be submitted for approval to the Local Planning Authority before the last
unit hereby approved is occupied.
Such a scheme shall be implemented within one year of the last unit
being occupied. Reason: To ensure that the land term protection against
flooding is protected and to comply with Policy G6 (Development in Areas
Liable to Flooding) of the Isle of Wight Unitary Development Plan. |
|
7 |
UN5 |
Details of the storage of refuse shall be submitted prior to first
occupation for written approval by the Local Planning Authority. The approved scheme shall be implemented
and retained in perpetuity. Reason: To safeguard the
amenities of the locality and to ensure that the development complies with
Policy D1 (Standards of Design) of the Isle of Wight Unitary Development
Plan. |
|
8 |
UN7 |
Details of the dormer window finishes shall be submitted for written
approval to the Local Planning Authority before the development has
begun. Development shall be carried
out in accordance with the approved details. Reason: To safeguard the
amenities of the locality and to ensure that the development complies with
Policy D1 (Standards of Design) of the Isle of Wight Unitary Development
Plan. |
|
9 |
M10 |
No development shall take place until full details of both hard and
soft landscape works have been submitted to and approved in writing by the
Local Planning Authority and these works shall be carried out as approved. These details shall include [proposed
finished levels or contours; means of enclosure; car parking layouts; other
vehicle and pedestrian access and circulation areas; hard surfacing
materials; minor artefacts and structures (eg. furniture, play equipment, refuse or other storage units,
signs, lighting etc); proposed and existing functional services above and
below ground (eg. drainage power,
communications cables, pipelines etc.
indicating lines, manholes, supports etc); retained historic landscape
features and proposals for restoration, where relevant]. Reason: To ensure the appearance
of the development is satisfactory and to comply with Policy D3 (Landscaping)
of the IW Unitary Development Plan. |
|
10 |
UN9 |
No balcony or other raised external amenity area shall be used for the
drying or airing of clothes. Reason: To help ensure that the design of the buildings are
not compromised by unsightly additions and to comply with Policy D7
(Standards of Design) of the Isle of Wight Unitary Development Plan. |
|
11 |
P22 |
The developer shall afford access at all reasonable times to staff of
the County Archaeological Centre and shall enable them to observe all
groundwork and to record features of archaeological significance. Notification of the opening up and information as to whom the
archaeologist should contact on site should be given in writing to the
address below not less than 14 days before the commencement of any work: County Archaeological Officer County Archaeological Centre 61 Clatterford Road Carisbrooke NEWPORT Isle of Wight PO30 1NZ Reason: In order to ensure
access by specified archaeologists during the permitted operations and to
comply with Policy B9 (Protection of Archaeological Heritage) of the IW
Unitary Development Plan. |
|
12 |
M12 |
The development hereby permitted shall not be occupied until all hard
and soft landscape works approved pursuant to condition 10 above have been
completed in accordance with the relevant recommendations of appropriate
British Standards or other recognised Codes of Good Practice, unless
otherwise in accordance with a timetable agreed with the Local Planning
Authority. Any trees or plants that,
within a period of five years after planting, are removed, die or become, in
the opinion of the Local Planning Authority, seriously damaged or defective,
shall be replaced before the end of the next planting season with others of
species, size and number as originally approved, unless agreed otherwise by
the Local Planning Authority in writing. Reason: To ensure the provision,
establishment and maintenance of a reasonable standard of landscape in
accordance with the approved designs and to comply with Policy D3
(Landscaping) of the IW Unitary Development Plan. |
|
13 |
UN8 |
The mooring spaces currently used in commercial marina for occupiers
of 9-20 Redshank Way shall be moved to the pontoon hereby approved within 1
year of this permission being implemented. Reason: to ensure that adequate mooring spaces are provided
for the holiday units and to ensure that the development retains a link to
the Marina and to comply with Policy T6 (Permanent Holiday Accommodation) of
the Isle of Wight Unitary Development Plan. |
Head of Planning Services