MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 12 AUGUST 2003 COMMENCING AT 5.00 PM

Present :

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

Apologies :

Mr C B W Chapman, Mrs M A Jarman, Mr D T Yates

Also Present (non voting) :

Mr R R Barry, Mrs T M Butchers, Mr A J Mundy, Mrs E Oulton,

Mr R C Richard, Mr A Sutton

38. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 1 August 2003 be confirmed.

39. DECLARATIONS OF INTEREST

Interests were declared in the following matters:

Mrs T M Butchers, declared a personal interest in minute 42 (a) (i) 3 – Land at Sandpipers Hotel & rear of Sandpipers Glen, Coastguard Lane, Freshwater – as the applicant was known to her and remained present.

Mrs T M Butchers, declared a personal interest in minute 42 (a) (i) 13 - Lahai-Roi, High Street, Freshwater – as the applicant was known to her and remained present.

Mr J H Fleming, declared a personal interest in minute 42 (c) – Land Opposite Gore Cemetery, South West of Arreton Cross, Downend Road, Newport – as he was the Portfolio Holder for Tourism - and remained present but took no part in the vote.

Mr C Hougham, Development Control Manager declared a personal interest in minute 42 (a) (i) 11 – 14 Glendale Close, Wootton Bridge, Ryde – as his wife works with the applicant.

Mr J F Howe, declared a personal interest in minute 42 (a) (i) 3 – Land at Sandpipers Hotel & rear of Sandpipers Glen, Coastguard Lane, Freshwater – as the applicant was known to him and remained present.

Mr C H Lillywhite, declared a personal interest in minute 42 (a) (i) 3 – Land at Sandpipers Hotel & rear of Sandpipers Glen, Coastguard Lane, Freshwater – as the applicant was known to him and remained present.

Mr A A Taylor, declared a personal interest in minute 42 (a) (i) 3 – Land at Sandpipers Hotel & rear of Sandpipers Glen, Coastguard Lane, Freshwater – as the applicant was known to him and remained present.

40. 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 – 15 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.

Application:	TCP/11141/X
Details:	10, Luccombe Road, Shanklin Continued use of hotel as private dwelling
Public Participants:	Mr Mike Jordan
Additional Representations:	Letter from independent Insurance Brokers concerning problem of obtaining insurance for the property
Comment:	None
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register
Conditions:	As per report (item 4)
Application:	The Chairman raised concerns on the reasons given by the Local Member in bringing this application to committee TCP/17180/C
Details:	58, Victoria Road, Cowes Amendments to approved scheme ref: TCP/17180B to alter design of roof
Public Participants:	Mr Martin Hayles (Agent)
Additional Representations:	Three letters from nearby residents of no objection One letter from a nearby resident of support Comments from Planning Officer
Comment:	None
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register
Reasons:	As per report (item 6)
Application:	TCP/20109/G
Details:	Land rear of Dove Farm House and 2 Dovecotes forming part of Merston Valley Nurseries, Merstone Lane Merstone, Newport Demolition of outbuildings; outline for 5 dwellings & one light industrial unit; refurbishment of existing building to form light industrial unit
Public Participants:	Mrs Lynn Watterson (Objector) Mr Alan A Woodcock (Objector) Mr Jeffrey Afton (Parish Council) Mr Phillip James (Supporter) Mrs Janet Scott (Supporter)
Additional Representations:	Letter received supporting the principle of the development, but with concerns regarding the site A formal request from Agent for deferment Comments from Fire and Rescue Service Comments from Planning Officer
Comment:	Members requested further investigations take place to address the drainage problems identified by local residents and if sustainable to add additional reason for refusal relating to adequacy of drainage of application site.
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register
Conditions:	As per the report (item 7)
Application:	TCP/24820/B
Details:	43 High Street, Wootton Bridge, Ryde Change of use of 1st floor from ancillary accommodation for chemists to self-contained flat; single storey rear extension to provide enlarged chemists with terrace over; external staircase on side elevation; vehicular access & parking, (revised scheme)
Public Participants:	Mrs Lynda Smith (Parish Council)
Additional Representations:	Appropriate Ownership Certificate Letter from Agent Comments from Planning Officer
Comment:	Relevant legislation requires the expiry of 21-days from the service or publication of the Ownership Certificate and recommendation should therefore be amended as follows: Recommendation – Refusal (Subject to no further comment being received before 22 August 2003 which would warrant reconsideration of the application)
Decision:	Deferred for to allow further comments to be received from Highways, including Car Park Section and Property Services Manager
Conditions:	(item 9)
Application:	(Mr A A Taylor declared a personal interest as the representative of the Parish Council was known to him, and remained present). (Mr J A Whittaker declared a personal interest as the representative of the Parish Council applicant was known to him, and remained present). TCP/22165/C
Details:	Land between Brook Cottage and Rome Cottage, Main Road, Chillerton, Newport 2 pairs of semi-detached houses with garages, (plots 2,3,4 & 5)
Public Participants:	Mr Roy James Westmore (Parish Council) Mr Andrew Rayner (Applicant)
Additional Representations:	Letter from the Architect acting on behalf of the resident of Brook Cottage Comments from Planning Officer
Comment:	None
Decision:	Conditional planning permission, subject to conditions set out in the Register Part II
Conditions:	As per the report (item 8)
Application:	TCP/25587
Details:	Land at Woodlands Vale Farm, Oakhill Road, Seaview Telecommunications installation comprising 25m high monopole structure, 3 no. four-stack dipole antennae & 1 no. GPS antenna, 1 no. 600mm microwave dish & associated equipment enclosed by stock proof fence
Public Participants:	Mr Andrew Fabian (Objector) Rev Noel H Toogood (Objector) Mr David Smallwood (Parish Council)
Additional Representations:	Letter from Woodlands Vale Farm Comments from Planning Officer
Comment:	None
Decision:	Deferred for a Site Inspection by the Development Control Committee
Conditions:	(item 12)
Application:	TCP/25604
Details:	Lahai-Roi, High Street, Freshwater Demolition of house; construction of 2 terraces of 3 houses, pair of semi-detached houses and two storey block of 6 flats with associated parking; alterations to vehicular access and landscaping (re-advertised application - revised scheme)
Public Participants:	Mrs Gillian Kennett (Parish Council)
Additional Representations:	Local Member passed on representations received Two letters from residents of Golden Ridge Comments from Planning Officer
Comment:	Memorandum required to Head of Highways indicating that in approving application, Members of the DC Committee had received representations and wished to highlight to the traffic section of Engineering Services concerns regarding traffic/parking problems in the vicinity of the application site and the possibility of making part of St Andrew’s Way a one way street
Decision:	Conditional planning approval, subject to the conditions set out in the Part II Register
Conditions:	As per the report (item 13) Amendment to condition 6 required to insert “eastern” between the words “the” and “northern” in the second sentence of the condition.
Application:	TCP/25638
Details:	Land adjoining 10, School Lane, Carisbrooke, Newport Construction of end of terrace house
Public Participants:	Mr Christopher Dodd
Additional Representations:	Local Member provided a copy of petition that was undated submitted several years ago referring to traffic concerns in School Lane. Letter from Local Member on behalf of Carisbrooke West community Forum Comments from Planning Officer
Comment:	None
Decision:	Deferred for a Site Inspection by the Development Control Committee
Conditions:	(item14)
Application:	TCP/03563/E
Details:	Land at Sandpipers Hotel & rear of Sandpipers Glen, Coastguard Lane, Freshwater Outline for 14 low fossil energy living units for the 50 plus age group with associated community facilities & parking
Public Participants:	Mrs Mary Sitch (Objector) Mrs Gillian Kennett (Parish Council) Mr Robert Ottway (Applicant) Mrs Lesley Smith (Applicant)
Additional Representations:	Letter from Applicant raising specific points Comments from Planning Officer responding to the points raised
Comment:	None
Decision:	Deferred for a Site Inspection by the Development Control Committee and appointed deputies.
Conditions:	(item 3)

Members of the Committee adjourned the meeting for ten minutes to enable them to read the additional representations that had been received in respect of TCP/25508, and other applications.

(Mr J H Fleming, declared a personal interest as he was the Portfolio Holder for Tourism - and remained present but took no part in the vote)

(c) PAPER C – TCP/22508/P00628/03 – Land Opposite Gore Cemetery, South West of Arreton Cross, Downend Road, Newport

Members reconsidered the decision taken to approve the continued use of land for motocross and upgrading of track and facilities application on a temporary basis in light of representations made by solicitors acting on behalf of an objector.

The Head of Planning Services and the Development Control Manager advised the Committee that they were to consider the application a fresh and that they were not constrained by any previous decisions.

Several Members had visited the site and surrounding area during the national event held on Sunday 29 June 2003 and all reported that the noise nuisance was negligible and that no complaints had been received.

RESOLVED :

THAT Application approved subject to conditions, the time limit for the temporary permission will remain at 12 months as per recommendation; special dispensation to be granted for one date in September

REPORT OF THE HEAD OF PLANNING SERVICES

Application:	A/01314/A
Details:	Castle Inn, 91 High Street, Newport Retention of 2 non-illuminated wall mounted signs
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 1)
Application:	TCP/02915/D
Details:	Rayners, Halletts Shute, Norton, Yarmouth
Public Participants:	None
Additional Representations:	Letter from Applicants Agent Comments from Development Control Manager Comments from Planning Officer
Comment:	None
Decision:	Contrary to Officer recommendation, conditional planning approval is given
Conditions:	Members disagreed with recommendation on basis that proposed dwelling was not substantially different in volume or floor area from the existing and that differences in scale and mass were acceptable in this location, where the dwelling is not prominent in the public realm. Conditions to be imposed as follows: 1. Time limit – full – A10. 2. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification). No development within Classes A – D of Part 1 of Schedule 2 to that Order shall be carried out. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan. 3. Submission of samples – S03.
Application:	LBC/14574/J
Details:	91 High Street, Newport LBC for retention of 2 non-illuminated wall mounted signs
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 5)
Application:	TCP/24833
Details:	Linnet Mead, Redhill Lane, Sandford, Ventnor Demolition of dwelling & store; construction of detached house & garage
Public Participants:	None
Additional Representations:	Comments from AONB Planning and information Officer Two letters of support
Comment:	None
Decision:	Application approved contrary to recommendation
Conditions:	Members disagreed with recommendation on basis that site was sufficiently large to accommodate larger property than that which currently exists. Furthermore existing property would not provide sufficient accommodation and in any event proposal could not be seen from outside the site. Suggested conditions: Time limit A10 2. Withdraw pd insert 'Classes A and E' R03   Reason: insert 'and to ensure any further development of the site accords with Policy C2 of IOWUDP.' Materials S02 4. Highway conditions Head of Planning Services spoke on policy considerations in respect of previous two schemes seeking replacement dwellings
Application:	TCP/25352/A
Details:	14 Glendale Close, Wootton Bridge, Ryde Conservatory; single storey extension to provide additional living accommodation (revised scheme)
Public Participants:	None
Additional Representations:	None
Comment:	None
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register
Reasons:	As per report (item 11)
Application:	TCP/25651
Details:	Land at Kingston Wharf, Kingston Road, East Cowes Proposed boat hoist dock & associated works
Public Participants:	None
Additional Representations:	Letter from resident of Minerva Road Comments from Highways Engineer Comments from Planning Officer
Comment:	None
Decision:	Conditional planning approval, subject to the conditions set out in the Part II Register Additional condition as follows: 1. No development approved by this permission shall be commenced until a scheme for the disposal of surface water has been approved by the Local Planning Authority. The surface water disposal system as agreed shall be implemented prior to the bringing into use of the development hereby approved and shall be retained thereafter in accordance with those details, unless otherwise agreed in writing by the Local Planning Authority. Reason: To prevent pollution of the water environment, in accordance with policy P1 (Pollution and Development) of the Isle of Wight Unitary Development Plan.
Conditions:	As per report (item 15)

(b) Other Matters Not Relating To Current Planning Applications

(i) TCP/12204C/M4381 – Shop/Tea Room and Living Accommodation, Land at Gurnard Marsh, Marsh Road, Gurnard

Consideration was given to whether the committee deemed it appropriate to release a Section 52 (planning obligation) Agreement, in which the landowner covenanted to ensure that the living accommodation would not be separated from the shop/tea room and the overall site would not be sold, let or otherwise disposed of other than as a whole.

An additional representation was received from the landowner with a request to “consider partial removal of the Section 52 such that the bungalow and restaurant are tied together and within the 52 agreement but that the one bedroomed flat and boat park are outside the Section 52.”

RESOLVED :

THAT the Section 52 will not be released

(ii) TCP/21784/B Unauthorised alterations to vehicular access and formation of hard standing at The Orchard, Undercliff Drive, St Lawrence, Ventnor

Consideration was given to whether the Enforcement Notice which has been previously authorised by the Development Control Committee should be served notwithstanding that no formal agreement has been reached between the relevant parties in respect of a right of way to the property which runs over an adjoining neighbour’s land.

RESOLVED :

THAT the Enforcement Notice be served with the following requirements:

(i) To cease the use of the access. Time for compliance two months after the Notice takes effect.

(ii) To restore the stone wall to its former condition and in its former position prior to the alterations. Time for compliance two months after the Notice takes effect.

(iii) To remove the paviours from the cross over area and remove from the land. Time for compliance two months after the notice takes effect.

(iv) To break up and remove all materials which form part of the hardstanding. Time for compliance two months after the Notice takes effect.

(v) To cease to use the hardstanding area as a parking area. Time for compliance two months after the notice takes effect.

41. URGENT BUSINESS

The Chairman agreed to two items of urgent business, as decisions were needed before the next meeting.

(i) TCP/24579A/P/00296/03 – Use of part of premises for the preparation of fish and shellfish, The Boathouse, Blake and Spencer, Esplanade, Ventnor, Isle of Wight

Members considered how the Local Planning Authority should respond to an ongoing breach of planning control as specified above.

Committee discussed the recommendation to serve an Enforcement Notice requiring the cessation of the use of the building known as The Boathouse and the adjoining land in the preparation of fish and shellfish with a time period for compliance set time of twelve months, Members felt that the compliance time was unacceptable and that the period should be reduced.

RESOLVED :

THAT the recommendation approved but with adjustment to timescale so that the compliance date is set for no later than 31 March 2004.

(ii) TCP/25011/P01295/02 Demolition of dwelling; replacement detached house, Edina, Mill Road, Yarmouth

Members of the Committee were advised of the latest situation in respect of the development of the abovementioned site.

The Development Control Manager informed the Committee that he had visited the site and had taken the measurement of the new building and had found discrepancies between the details shown on the approved plan and the building currently under construction, Members were then advised that they make a Site Inspection before considering the recommendations in the report. A strongly worded letter would be sent advising the Developer, who is also the applicant and architect to cease building work and for other interested parties to be advised of the decision.

RESOLVED :

THAT site to be visited by DC Committee Members and Deputies on 22 August. Full detailed report to be prepared for consideration by Committee at the meeting on 2 September.

(d) PAPER D - RED FUNNEL (PHOENIX YARD) – THIRD MEETING OF LOCAL FORUM

Members were advised that following third meeting of local forum it had been decided that in view of the recent submission of a formal planning application by Red Funnel in respect of Phoenix Yard it would not be appropriate to continue such meetings during the processing and determination of this application.

RESOLVED :

THAT this forum be disbanded

(e) PAPER E – UPDATE – OUTSTANDING ISLE OF WIGHT COUNCIL ENFORCEMENT ACTIONS POSITION AS OF 4 AUGUST 2003

The Committee were informed of position of the current outstanding enforcement cases.

RESOLVED :

THAT Members note the attached report

42. Schedule of Appeals

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

RESOLVED :

THAT the report be noted.

The Councils Solicitor informed Members of the outcome of the prosecution case involving the demolition of the Three Crowns pub. The company Windup Ltd pleaded guilty to the three charges against the Listed Buildings Act and were fined £6,500 for each charge totalling £19,500 plus £5,000 costs.

CHAIRMAN