Development Control Minutes 12 March 2002

MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 12 MARCH 2002 COMMENCING AT 6.00 PM

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

Mr C B W Chapman declared a non pecuniary interest in Minute 93 (c) - The Albion Hotel, Freshwater, Isle of Wight.

Mr A A Taylor declared a non pecuniary interest in Minute 93 (c) - Blandings, Horringford, Newport, Isle of Wight.

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

The Committee were advised that a comprehensive review of the Use Classes Order had been carried out, the first since 1987. The Strategic Director outlined the main proposals contained in the consultation document and members were asked to agree a method of response to a number of questions which had to be submitted to the DTLR no later than 24 April 2002.

THAT the report be noted and, based on the general support for the recommendations and proposals, the Development Control Manager be asked to prepare an appropriate consultation response based on the questions set out in the document.

(a) To Consider any Items Deferred from the Last Meeting of the Committee and the Site Inspection Meeting

Application:	TCP/24267 (Previously submitted to Development Control Committee - Site Inspection meeting on 18 January 2002)
Details:	Site of British Legion Hall, Richmond Meade, Freshwater, Isle of Wight. Demolition of assembly hall/club; Construction of pair of semi-detached houses (revised plans) (re-advertised application).
Additional Representations:	Two further letter of comment from an adjoining property occupier were received.
Decision:	Deferred for further negotiations on scale, size, mass and design.
Conditions:	N/A

Consideration was given to items 1 - 25 of the report of the Strategic Director of Corporate and Environment Services.

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.

Application:	TCP/05327/H
Details:	Little Mousehill Farm, Littletown Lane, Wootton Bridge, Isle of Wight. Retention of covered yard providing storage area for tractors, agricultural machinery and livestock, (building A); continued use of building as workshop, storage area, stable and tack room (building B); hardstanding area, sand school and resurfaced access track.
Additional Representations:	A letter from the agent asking for the item to be deferred.
Decision:	Deferred for a site inspection.
Reasons:	(Item 1)

Application:	TCP/14807/Y
Details:	Land adjacent Ponda Rosa, Ashey Road, Ryde, Isle of Wight. 2 storey building to form guest house (revised plans).
Additional Representations:	None.
Decision:	Conditional planning permission, subject to the conditions set out in Part II Register.
Conditions	As per report (Item 2)

Application:	Mr A A Taylor declared a non pecuniary interest in this item. TCP/17657/J
Details:	Blandings, Horringford, Newport, Isle Of Wight, PO30 3AP. Conversion of cart shed to form managers dwelling; construction of packing unit; alterations and formation of lean-to on south elevation of processing unit.
Additional Representations:	Letter from the Environment Agency . Comments from Arreton Parish Council. Comments from Environmental Health. Letter from agent.
Decision:	Conditional planning permission, subject to the conditions set out in Part II Register. (standard barn conversion letter)
Conditions	As per report (Item 3) Additional condition regarding sound attenuation and hours of use.

Application:	TCP/19466/D
Details:	Fullholding Farm, Pound Lane, Calbourne, Newport, Isle Of Wight, PO30 4JU. Change of use of stone barn from holiday accommodation to form a dwelling.
Additional Representations:	Comments from Head of Tourism.
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register.
Reasons:	As per report (Item 4)

Application:	TCP/01990/X
Details:	Site of Rosemead and adjacent garage block, Crossway, Bembridge, Isle of Wight. Demolition of bungalow and outbuildings; outline for 3 bungalows and garages; alterations to vehicular access.
Additional Representations:	Two letters of objection/concern. Highway Officer recommended refusal on inadequate access.
Decision:	Deferred at officer’s request.
Conditions	As per report (Item 5)

Application:	TCP/02508/G
Details:	Fairway Park Football Ground, The Fairway, Sandown, Isle of Wight. Change of use from former football club to garden centre with associated single storey reception building; 2m high (approx.) security fence, car parking and vehicular access.
Additional Representations:	Letter from Property Services Manager. Letter from applicant. Petition signed by three people.
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register.
Reasons:	As per report (Item 6)

Application:	TCP/03974/N
Details:	Land adjacent 'Foxgrove', Bonchurch Shute, Ventnor, Isle of Wight. Detached house; alterations to vehicular access (aorm)
Additional Representations:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register. A letter be sent to applicant strongly advising that all excavation and foundation works are inspected very carefully and such inspection shall be carried out by an appropriate competent qualified Engineer (preferably the Engineer who carried out the submitted Ground Stability Report) in order to ensure full compliance takes place with regard to the submitted Ground Stability Appraisal which forms part of this consent.
Conditions	As per report (Item 7)

Application:	TCP/04855/N
Details:	Springfield Nursing Home, 26 Arthurs Hill, Shanklin, Isle Of Wight, PO37 6EX. 2 storey extension to form additional accommodation for nursing home to include 10 en-suite bedrooms, sitting room and new entrance.
Additional Representations:	None.
Decision:	Deferred for a site inspection as members believed there would be a loss of recreational space and overdevelopment.
Conditions	As per report (Item 8)

Application:	Mr C B W Chapman declared a non pecuniary interest in this item. TCP/08200/W
Details:	The Albion Hotel, Freshwater Bay, Freshwater, Isle of Wight, PO40 9RA. Demolition of single and 2 storey building at northern end of hotel; construction of 3 storey extension to provide bedroom accommodation; new entrance and associated office accommodation; alterations to existing bedrooms.
Additional Representations:	Applicant and agent had submitted copies of a letter and supporting information. Agent also submitted revised drawings. Comments from Isle of Wight Council’s Head of Tourism. A letter received from the applicant earlier in the day was read out to the Committee.
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register.
Reasons:	As per report (Item 9)

Application:	TCP/12437/B
Details:	Ventnor Tennis Club, St. Boniface Road, Ventnor, Isle Of Wight, PO38 1PJ. Resurfacing of tennis courts, new fencing, floodlights to courts 3 and 4; car parking area for 12 cars and new access for disabled persons to court 1.
Additional Representations:	Sport England had no objection.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 10)

Application:	TCP/14153/B
Details:	Locker, Rew Street, Cowes, Isle Of Wight, PO31 8NW. Demolition of existing dwelling; Construction of chalet bungalow.
Additional Representations:	None.
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register.
Reasons:	As per report (Item 11)

Application:	TCP/14239/B
Details:	Sand Cove, Beach Road, Bembridge, Isle Of Wight, PO35 5NQ. 2 storey extension to form dining room, shower room and porch on ground floor, with bedroom and bathroom at 1st floor level; balcony at 1st floor level on north elevation.
Additional Representations:	Letter from English Nature. Comments from local member.
Decision:	Deferred at officer’s request.
Conditions	As per report (Item 12)

Application:	TCP/16040/F
Details:	Land between 16 and 20, Church Road, Shanklin, Isle of Wight. Retention of stream culvert; formation of new driveway and turning area new cottage.
Additional Representations:	Letter from an adjoining neighbour. Comments from Highways. Comments from Tree and Landscape Officer.
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register. Continue the Enforcement Action.
Reasons:	As per report (Item 13)

Application:	TCP/16676/E
Details:	Land adjacent Godshill Post Office, High Street, Godshill, Ventnor, Isle of Wight. Bungalow.
Additional Representations:	Objections from Highways.
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register.
Reasons:	As per report (Item 14)

Application:	TCP/18291/A
Details:	Land adjacent Kingslea Park and off, Cadets Walk, East Cowes, Isle of Wight. 4 pairs of semi-detached houses, 2 terraced blocks of 3 houses, (14 in total) (revised plans).
Additional Representations:	Last paragraph on page 60 of the report should read 30 to 50 units per hectare instead of 32.0.
Decision:	Deferred for further information.
Conditions	(Item 15)

Application:	TCP/20090/F
Details:	Land between Edricpa and Casita, Princes Way, Shanklin, Isle of Wight. Outline for chalet bungalow.
Additional Representations:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 16)

Application:	TCP/21172/G
Details:	Fronting Granville Road Bridge with access off, Denmark Road, Cowes, Isle of Wight. Additional flat at 1st floor level within approved flat block (TCP/10996S)
Additional Representations:	Letter from applicant’s agent.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 17)

Application:	TCP/21207/A
Details:	18 Arundel Road, Ryde, Isle Of Wight, PO33 1BN. Single storey extension to provide annexed accommodation.
Additional Representations:	Letter from applicant.
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register.
Reasons:	As per report (Item 18)

Application:	Mr A C Coburn declared a non pecuniary interest in this item. TCP/21968/B
Details:	Buckbury Dairy, Buckbury Lane, Newport, Isle Of Wight, PO30 2NJ. Demolition of dairy block; proposed stable block.
Additional Representations:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 19)

Application:	TCP/22407/B
Details:	Adjacent day care centre off car park, Avenue Road, Freshwater, Isle of Wight 2 storey building to form 5 flats (revised plans).
Additional Representations:	Objection from West Wight Business Association. Head of Operations, Directorate of Social Services and Housing support the application.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register. That the Property Services Manager is advised that the consent for the day care buildings has expired and they should either be removed or an application submitted for their continued siting.
Conditions	As per report (Item 20)

Application:	TCP/23207/B
Details:	Merrilea, Hamstead Road, Cranmore, Yarmouth, Isle Of Wight, PO41 0YB. Demolition of dwelling; construction of detached house with detached garage.
Additional Representations:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register. Subject to the revocation without compensation of planning permission for proposed chalet bungalow at Merrilea, Hamstead Road, Cranmore,(reference number TCP/23207A/P5/00). Second condition to read : The Council shall be informed of the day on which dwelling hereby permitted is first occupied for residential purposes and on that day the existing dwelling on the application site shall cease to be used for any purpose. Within 3 months of that date the original dwelling shall be demolished and the resultant materials removed from the site.
Conditions	As per report (Item 21)

Application:	TCP/23877/B
Details:	Willow Tree Tea Gardens, High Street, Godshill, Ventnor, Isle Of Wight, PO38 3HZ. Retention of wall and water feature
Additional Representations:	Comments from Parish Council. Letter of objection.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register. That a letter accompany the Decision Notice detailing that applications should be made prior to the physical development on site.
Conditions	As per report (Item 22)

Application:	TCP/24486
Details:	Adjacent Windward, off, Sunset Close, Freshwater, Isle of Wight. Outline for bungalow.
Additional Representations:	Comments from Highway Engineer.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 23)

Application:	TCP/24521
Details:	24 Moor View, Godshill, Ventnor, Isle Of Wight, PO38 3LL. Retention of front garden wall (revised description).
Additional Representations:	None.
Decision:	1. Refusal of planning permission, for the reasons set out in the Part II Register. 2. Enforcement Action be taken to ensure the wall is removed and all materials removed from the site within a 3 month period for compliance. 3. Enforcement investigate the unauthorised developments forward of the main building lines within Moorview.
Reasons:	As per report (Item 24)

Application:	TCP/24554
Details:	9, Foreland Road, Bembridge, Isle of Wight. Change of use from shop to office.
Additional Representations:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 25)

(a) TCP/6079H - Breach of Condition on Holiday Flats at 34 Atherley Road, Shanklin, Isle of Wight

Members gave consideration as to whether circumstances justified the service of an Enforcement Notice requiring the owner of the holiday flats at 34 Atherley Road, Shanklin to comply with the condition that the units are let for holiday use and that no person, persons or families should be in occupation for a period in excess of three months in any period of twelve months without the prior written consent of the Local Planning Authority.

THAT an Enforcement Notice be served requiring the owner of 34 Atherley Road, Shanklin to cease the use of the holiday flats for residential purposes and comply with the Holiday Condition imposed on 12 August 1993. Time for compliance – six months.

(b) G23/1/U - Use of land divided into multiple plots, OS parcel 7600, Whiteoaks Lane, Porchfield, Isle of Wight

Consideration was given as to appropriate enforcement action regarding the unauthorised use of the above land and whether in the light of its sub-division into numerous plots an Article 4 Direction would be appropriate.

1. To proceed with the necessary measures to create two Article 4 (1) Directions, the first removing the Permitted Development Rights as set out in Parts 2 and 4 and the second Direction relating to Part 5 Class A of the Town and Country Planning (General Permitted Development) Order 1995.

2. THAT an Enforcement Notice be served requiring the removal of the touring caravan and the abandoned motor vehicle with a time period for compliance of three months.

Members gave consideration as to whether or not the engineering operations undertaken at the above site required the formal consent of the Local Planning Authority or whether they were considered to be exempt under agricultural permitted rights and secondly, whether the various items of equipment and vehicles on site were required in connection with the agricultural use of the land or whether their presence on site required the formal consent of the Local Planning Authority.

THAT the developer’s assertion that a chalk roadway is exempt under the Permitted Development Order be rejected and also to reject the assertion that the equipment and vehicles which are on site are ancillary to the agricultural use of the land. To take enforcement action requiring the removal of the chalk roadway and the equipment and vehicles with a time period for compliance of four months.

Members were reminded that a report had been considered at the Development Control Committee meeting held on 29 January 2002, which was intended to update Members on the situation regarding the matter of illegal signposting following the strategy adopted at 14 August 2001 Development Control Committee meeting.

At the January meeting consideration of the report was deferred to enable a check with Legal Services to see if a Bylaw could be introduced to control flyposting and for the report to be brought back to the Development Control Committee as soon as possible.

The Legal Services Manager advised the Committee that it would not be possible to adopt a Bylaw as he believed it would not be confirmed by the Secretary of State who would find the Highways Act and the Town and Country Planning Act already provided an adequate remedy for the Authority to deal with unwanted advertisements and flyposting.

The Strategic Director outlined an alternative proposal, which would be to adopt a course of action using ‘cancelled’ stickers that would be fixed to unauthorised posters where they were located on highway furniture and other street signs.

That Members note the report and continue the current approach of dealing with incidences of flyposting on the four points of action agreed in August 2001, together with the active introduction of the use of the cancelled stickers, for a trial period of 6 months.