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TCP/25293/B P/00737/03 Parish/Name: Niton Registration Date: 10/04/2003 -
Full Planning Permission Officer: Miss. D. Cooper Tel: (01983) 823854 Retention of vehicular/pedestrian access; proposed
hard standing/turning area Bexhill Cottage, Newport Road, Whitwell, Ventnor,
Isle Of Wight, PO382QW |
REASON FOR COMMITTEE CONSIDERATION
Councillor Mrs White was not prepared to deal with this application
under the delegated procedure, as she supports the proposal, contrary to the
Highway Engineer's advice.
PROCESSING INFORMATION
This is a minor application for which the processing has taken twelve
weeks to date, due to waiting for highway comments and the need to prepare the
report for the next available committee
LOCATION AND SITE CHARACTERISTICS
Bexhill Cottage is a residential property which fronts onto Newport
Road, about 1 mile from the centre of Niton.
To the north is neighbouring semi detached property Ferndale, to the
east is open space. The frontage of the
property between the highway and the dwelling is completely open and has been
laid to brick paviors. Some properties
in close proximity have similar open frontages used as a parking areas.
RELEVANT HISTORY
TCP 25293A Refusal of planning
permission for retention of vehicular/pedestrian access without the proposed
turning area on the 11/03/03. – The
application was enforcement generated after a complaint from highways. On the 9 May 2003 the applicant was served
an enforcement notice to close up the access and reinstate the hedgerow, an
appeal against this notice has now been lodged.
DETAILS OF APPLICATION
Semi detached building. Proposal
is for a vehicular/pedestrian access with turning area.
DEVELOPMENT PLAN/POLICY
The site is well outside the development envelope for Niton. Policy D1 (Standards of Design), D4
(External Building Works), TR7 (Highway Considerations for New Development), C1
(Protection of Landscape Character) and C2 (Areas of Outstanding Natural
Beauty) of the Isle of Wight Unitary Development Plan are considered to be
relevant
In particular Policy TR7 states that applications will be approved where
they take account of matters for highway safety to ensure safe movement and
separation of vehicular traffic, buses, bicycles and pedestrians and that any
new vehicular access provides safe conditions for all road users. Policy D4 relates to planning applications
minimizing damage to landscape, wildlife, trees and other aspects worthy of
preservation. Policy C1 states planning
applications for appropriate development in the countryside must maintain and
protect the landscape and should be for the benefit of the people who live
there and C2 relates to the need to reduce the impact of development within an
Area of Outstanding Natural Beauty.
CONSULTEE RESPONSES
Highways Engineer has inspected the site and recommends refusal on the
grounds of a new access being created and inadequate turning area on site,
leading to unacceptable hazard to users of the highway.
AONB Planning and Information Officer considers the new application is
not an improvement in terms of impact on the character of the AONB. The concern about the loss of hedge and the
urbanizing of the hamlet made in the previous response remains.
PARISH/TOWN COUNCIL COMMENTS
Niton and Whitwell Parish Council recommend approval of this
application.
THIRD PARTY REPRESENTATIONS
5 letters of support from local member and residents on the following
grounds:
·
Vehicular access will not
set any precedent as parking bays exist at other properties in the same
road.
·
To remove a vehicle off the
road must be supported, as the road is very narrow with no pavement.
·
In rural areas there is a
need for some flexibility since originally these roads were not made with cars
or buses in mind.
·
It would be dangerous for
the applicants to walk to their car parked elsewhere as there is no pavement
along the road. There is also no other
alternative parking area in close proximity.
·
The vehicular access it is
not an ideal location, however it would be safer for the applicants and other
road users than if they parked in unsuitable spots.
·
There should be a measure
to slow down the traffic.
·
The visibility mirror
opposite the parking area provides good vision of other traffic.
CRIME AND DISORDER IMPLICATIONS
No crime and disorder implications anticipated.
EVALUATION
The Highway Engineer recommends refusal on the grounds that the property
although paved over to provide a hard standing area, is incapable of
accommodating a turning area to enable vehicles to enter and leave the highway
in a forward gear. Therefore, vehicles
would have to either reverse into or out of the site creating a hazard on the
highway located on a bend and a classified road. Also the new access would add unduly to the hazards of the
highway users by virtue of unacceptably poor visibility. Such development would therefore be contrary
to Policy TR7.
There is a mirror erected in the hedge on the opposite side of the road
to the access, which does assist an exiting driver to see an approaching vehicle;
however, the land that the mirror stands on is not within the control of the
applicant and cannot be taken into consideration when determining an
application.
Access was constructed prior to the submission of the application and if
refused, will need to be subject of enforcement action requiring closure of the
access and reinstatement of boundary treatment.
HUMAN RIGHTS
In coming to this recommendation to refuse 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 impact this development might have on
the owners/occupiers of other property in the area and other third parties has
been carefully considered. Whilst there
may be some interference with the rights of the applicant to develop the land
in the manner proposed it is considered that the recommendation to refuse it
proportional to the legitimate aim of the Council's Unitary Development Plan
and in the public interest.
JUSTIFICATION FOR RECOMMENDATION
Having given due regard and appropriate weight to all material
considerations outlined in this report I am of the opinion that the application
is contrary to Policy TR7, Policy D4, Policy C1 and C2 of the Isle of Wight
Unitary Development Plan.
RECOMMENDATION - REFUSAL
Conditions/Reasons:
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The formation and use of an additional access to the classified road
at this point would add unduly to the hazards of highway users by virtue of
unacceptably poor visibility and would therefore be contrary to Policy TR7
(Highway Considerations for New Development) of the Isle of Wight Unitary
Development Plan. |
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The site cannot accommodate a turning area to enable vehicles to turn
around on the site, and therefore the interests of road safety are
compromised and would therefore be contrary to Policy TR7 (Highway
Considerations for New Development) of the Isle of Wight Unitary Development
Plan. |
Head of Planning Services