REPORT OF THE HEAD OF PLANNING SERVICES TO DEVELOPMENT CONTROL COMMITTEE
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TCP/04748/C P/00601/04 Parish/Name: Sandown Ward: Sandown North Registration Date: 17/03/2004 -
Full Planning Permission Officer: Mr. C.
Boulter Tel: (01983) 823575 Applicant: Mr & Mrs A Ayres Chalet bungalow;
vehicular access land adjacent 1, Vinings
Road, Sandown, PO36 |
REASON FOR COMMITTEE CONSIDERATION
Report requested by Local Member, Councillor Ms Humby, following
consultation under the Part 1B procedure, who is concerned that the majority
opinion is that proposal would lead to loss of privacy to adjoining occupiers.
PROCESSING INFORMATION
This is a minor application, the processing of which has taken 11 weeks
to date. It has gone beyond the prescribed 8 week period for determination,
which expired on 12 May because the Local Member requested Committee
consideration.
LOCATION & SITE CHARACTERISTICS
Site of 11 metres frontage to west side of Vinings Road, mid way between
Vinings Gardens and Queens Road. Site depth of some 17 metres.
Within a residential area, containing a mixture of dwelling types,
bungalows adjoining to north, with mostly two storey to west and south. Nearest
adjoining dwellings are a bungalow some 9 metres north of the site and the rear
of the two storey dwellings fronting Queens Road are dome 18 metres to the
south.
RELEVANT HISTORY
TCP/4748/B – Single storey extension to form annexed accommodation and
proposed garden shed at 1 Vinings Road, Approved with conditions 27 August
2002.
DETAILS OF APPLICATION
Two bedroomed dwelling proposed, building measuring 5.8 metres frontage
by 7.4 metres depth, in form of chalet bungalow. Ground floor to contain
lounge, dining room, kitchen, hall and stairway, with two bedrooms and bathroom
in the upper floor roof area, lit by front and rear facing single dormer
windows. Parking area and new vehicular access onto Vinings Road on northern
side of site, whilst rear garden area (including patio) would be some 6 metres
deep by 11 metres wide. Site is presently garden area to number 1 Vinings Road
with a 1 metre brick wall surmounted by larchlap fence to total of 2 metres, on
back of footpath.
DEVELOPMENT PLAN/POLICY
PPG3 (Housing) encourages efficient use of land in urban areas by
promoting higher densities while also stressing the need for good design in new
housing developments in order to create attractive high quality living
environments in which people would choose to live. Site is situated within the
development envelope and parking zone 3 as identified on the Isle of Wight
Unitary Development Plan (UDP). Relevant policies are as follows:
S1 – Development Concentrated in Urban Areas;
S6 – High Standards of Design;
G1 – Development Envelopes for Towns and Villages;
G4 – General Locational Criteria;
D1 – Standards of Design;
D2 – Standards for Development Within the Site;
H5 – Infill Development;
TR7 – Highway Considerations for New Development; and
TR16 –Parking Policies
and Guidelines.
CONSULTEE RESPONSES
Highway Engineer recommends conditions if approved.
PARISH/TOWN COUNCIL COMMENTS
None.
THIRD PARTY REPRESENTATIONS
6 letters received from local residents (3 from the same address)
objecting on grounds summarised as follows:
·
Loss of light;
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Outlook from lounge and
bedroom will be onto huge brick wall;
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Overlooking of garden from
upstairs window and garden;
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Overshadowing and loss of
sunlight;
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If suitable for dwelling
would have been built in 1850’s with rest of estate;
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Will be of out of keeping
with area as all other properties this side of road are bungalows;
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Inadequate amenity space;
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Proposed dwelling in front
of building line;
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Area at capacity for
parking and road width often restricted by inconsiderate parking;
·
Construction
traffic/deliveries will hamper residents living in proximity.
Despite raising issues as above, one correspondent indicates that in principle
he has no real objections to the building plans put forward.
CRIME & DISORDER
IMPLICATIONS
No crime and disorder implications are anticipated.
EVALUATION
Size of site compares favourably with plots opposite and fronting
Vinings Gardens and Queens Road. Proposed building is some 2.2 metres in front
of building line of 1 Vinings Road but this will not be significant in the
street scene. Garden depth is not as great as adjoining properties but this
will not be significant in the street scene. Proposal complies with S1 and G1.
Dwelling proposed is small (5.8 metres frontage by 7.4 metres depth) and
will fit comfortably on the site. It will be somewhat smaller than those
nearby; two storey dwellings opposite and a longer frontage bungalow to the
north. However area has no specific theme or character and street scene would
not be unduly damaged by proposal. Materials were facing bricks and concrete
tiles are appropriate for the area. Design is simple, with roof ridge parallel
with road and dormer window in front roof plain. Complies with S6, G4, D2 and
H5.
Rear wall will be 6 metres from boundary with rear garden of nearest
property in Vinings Gardens but only windows in upper floor are bedroom and
bathroom. Comments of neighbour are noted but I do not believe overlooking from
these windows would be so significant as to warrant refusal. Windows looking
towards the rear of Queens Road properties are bathroom and landing. No
significant overlooking sufficient to warrant refusal will occur. Details of
boundary fencing will need to be agreed to ensure maintenance of privacy to
adjoining gardens at ground floor level. Property is of limited mass and will
not over dominate adjoining rear garden to such a degree as to substantiate
refusal. No adverse effects are seen on 1 Vinings Road which will be left with
adequate amenity space. Complies with D1 and H5.
Highway Engineer requires visibility splay over part of garden of 1
Vinings Road; this can be achieved by condition as that property is shown to be
in the applicant’s control. One parking space is provided and there is space
for another in the grounds of 1 Vinings Road which can be provided if necessary
under permitted development. No turning space necessary. Complies with TR7 and
TR16.
Whilst noting objections from nearby residents, proposal makes best use
of urban land and should be approved.
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 balanced with
the right 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 the material
considerations as discussed in this report, I am of the opinion that the scheme
under consideration is an acceptable form of development, making best use of
urban land and without serious adverse effect on adjoining occupiers such as to
warrant refusal. The proposal therefore accords with the aims and principles of
the Isle of Wight Unitary Development Plan.
RECOMMENDATION -
APPROVAL
Conditions/Reasons:
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Time limit - full -
A10 |
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Submission of
samples - S03 |
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No structure or erection or natural growth, plants, shrubs, etc,
exceeding 1 metre in height above existing road level shall be placed or
permitted within the area of land as shown coloured yellow on the plan attached
to and forming part of this decision notice TCP/4748/C. Reason: In the interests of highway safety and to
comply with Policy TR7 (Highway Considerations) of the IW Unitary Development
Plan. |
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Vehicular access -
J30 |
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No development shall take place until there has been submitted to and
approved in writing by the Local Planning Authority a plan indicating the
positions, design, materials and type of boundary treatment to be
erected. The boundary treatment shall
be completed before the building hereby permitted is occupied. Development shall be carried out
thereafter in accordance with the approved plans. Reason: In the interests of
maintaining the amenity value of the area to comply with Policy D1 (Standards
of Design) of the IW Unitary Development Plan. |
Head of Planning Services