MINUTES
OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT,
ISLE OF WIGHT ON TUESDAY, 13 JULY 2004 COMMENCING AT 5.00 PM
Present :
Mrs M J Miller (Chairman), Mr B E Abraham, Mr C B W Chapman, Mr A C Coburn, Mr J H Fleming, Mr E Fox, Mr J F Howe, Mrs M A Jarman, Mr C H Lillywhite, Mr V J Morey, Mr A A Taylor, Mr J A Whittaker, Mr D G Williams
Apologies :
Mr D T Yates
Also
present (non-voting) :
Mrs T M Butchers, Mr R R Barry, Mr A C Bartlett, Mrs B D Clough, Mrs B
Lawson, Mrs M Lloyd, Mr R C Richards, Mr R Rees, Mrs S A Smart
25. MINUTES
RESOLVED :
THAT the Minutes of the meeting held on 2 July 2004 be confirmed.
26. RETIRMENT OF MR PETER BARKER
The Chairman of the Committee paid tribute to Mr Peter Barker, The West Enforcement Officer, on his retirement.
RESOLVED :
THAT the Committee place on record its appreciation
of Mr Barker for his professionalism and for all the assistance and hard work
he has given the Isle of Wight Council for 12 years, and to express to him
every good wish for a long and happy retirement.
27. DECLARATIONS OF INTEREST
Interests were declared in the following matters:
Mrs M J Miller declared a personal and prejudicial interest
in Minute 28 (a) (i), item 4 – Land
between 2b and R S Motors, Well Road, East Cowes, as the applicant is known to
her
Mrs T M Butchers declared a personal
interest in Minute 27, Paper C – 3-5 St. James Street Bus Station, South
Street, Newport, as one of the objectors is known to her
Mr A A Taylor declared a personal interest
in Minute 28 (a) (i), item 1 - Clematis Cottage and Berrylands, Heathfield
Road, Bembridge, as the applicants’ agent is known to him
Mr A A Taylor declared a personal interest
in Minute 28 (a) (i), item 6 - 18 Foxhills, Whitwell Road, Ventnor, as the
speaker for the applicant is known to him
Mr E Fox declared a personal interest in
Minute 27, Paper C – 3-5 St. James Street Bus Station, South Street, Newport,
as he hold the Portfolio for Transport
Mrs M A Jarman declared a personal interest in
Minute 28 (a) (i), item 3 – Bartletts Service Station, High Street, Newchurch,
Sandown, as her Grandson lives in the vicinity
Mr C B W Chapman declared a personal
interest in Minute 28 (a) (i), item 1 - Clematis Cottage and Berrylands,
Heathfield Road, Bembridge, as the applicants’ agent is known to him
Mr C B W Chapman declared a personal
interest in Minute 28 (a) (i), item 6 - 18 Foxhills, Whitwell Road, Ventnor, as
the speaker for the applicant is known to him
Mr J H Fleming declared a personal interest
in Minute 28 (a) (i), item 1 - Clematis Cottage and Berrylands, Heathfield
Road, Bembridge, as the applicants’ agent is known to him
Mr J H Fleming declared a personal interest
in Minute 28 (a) (i), item 6 - 18 Foxhills, Whitwell Road, Ventnor, as the
speaker for the applicant is known to him
28. PAPER C – TCP/25870 – Demolition of bus station and former warehouse in Orchard Street; construction of 3 storey building to provide retail/office and leisure facilities; temporary bus facilities; re-alignment of Orchard Street: new bus terminal; re-cladding/remodelling to 3-5 St. James Street
3-5 St. James Street Bus Station, South Street, Newport
The Chairman allowed the following item to be brought forward for debate by the committee.
Members gave consideration to whether or not they agree in principle, that in the future, they would grant planning permission for the above application. Members were informed that the following late representations had been received:
A letter received on behalf of the Isle of Wight Bus Users Group
Comments from the Planning Officers in response to the above letter
A letter received from a Ventnor resident raising concerns
An email from a Newport resident raising concerns
A letter received from the Applicants Property Consultants, this was circulated at the meeting to the Members. It contained additional information and sought to give clarity to a number of issues that had been raised in the report
As the application had followed the same advertising process and the Part II’s, public participation was permitted and the following people spoke:
Mr Donald Vincent (Objector)
Mrs Sylvia Somes (Objector)
Mr Alan Lockhart (Applicant)
Members did have concerns/reservations relating to the following:
Concerns as what they described as a “lost opportunity in terms of the possible redevelopment of 3-5 St James Street and the demolition of the Fiz building”.
Regarding pedestrian movement and pedestrian safety.
The provision of public conveniences included appropriate facilities for disabled persons
Type of retail units provided and what type of office and leisure uses are anticipated
Confirmation that all bus stop facilities will be provided with bus shelters
RESOLVED :
THAT having given due regard to all the material considerations outlined in
this report, Members agree in principle with the proposed redevelopment of the
site.
Notwithstanding the above, having
given due consideration to various design aspects covered in the report,
particularly the concern expressed by professional consultees/advisers, supported by the
Council’s own professional Planning Officers, the applicant and their agents
should be invited to make suitable amendments to the submitted scheme to
overcome certain issues which are largely summarised by CABE in their latest written
representations.
That subject to the satisfactory outcome of further negotiations, if
required, and the submission of revised drawings which successfully address the
various design issues, then an undertaking be given to the effect that this
particular issue will be reconsidered by this Committee and a final decision
taken on the application at the earliest possible opportunity.
29.
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 - 6 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/01272/E |
Details: |
Removal of condition
no.7 on TCP/1272/D relating to the provision of affordable housing Clematis
Cottage and Berrylands, Heathfield Road, Bembridge |
Public Participants: |
Mr
Paul Airey (Agent) |
Additional Representations: |
None |
Comment: |
The
local Member spoke on this item |
Decision: |
Refusal
of planning permission, for the reasons set out in the Part II Register |
Conditions: |
As
per report (item 1) |
Application: |
Before
debate began on the following item, Mr J A Whittaker declared a personal
interest as the objector is known to him TCP/01290/R |
Details: |
Renewal:
Siting of temporary building for use as a play group and change of use of
agricultural land for educational use Holy Cross RC Primary School, Millfield
Avenue, East Cowes
|
Public Participants: |
Mr
Stewart Murray (Objector) |
Additional Representations: |
Comments from the Assistant
Divisional Officer, Fire Safety
|
Comment: |
The
local Member spoke on this item Members
were concerned regarding the state of the access road, and expressed a wish
to visit the site |
Decision: |
Deferred
for a Site Inspection by the Development Control Committee |
Conditions: |
(item
2) |
Application: |
TCP/11796/K |
Details: |
Revised layout to part
of approved scheme under TCP/11796/J to provide 4 dwellings; vehicular access Bartletts
Service Station, High Street, Newchurch, Sandown |
Public Participants: |
Martin
Rolf (Objector) Alistair
Dupe (On behalf of Town Council) |
Additional Representations: |
None |
Comment: |
The
local Member spoke on this item Members
felt that the parking was inadequate for this site and would have a
detrimental effect on the area |
Decision: |
Contrary to
Officers recommendation, Members refused planning permission |
Reasons: |
Refused due to intensification of site development would result in an unacceptable loss of off street parking spaces. (item
3) |
Application: |
As Mrs M J
Miller had declared a personal and prejudicial interest in the following
item, she vacated the Chair and chamber and took no part in the debate, or
subsequent vote. Vice Chairman Mr A A
Taylor then took the role of Chairman for this item Before debate
began on the following item, Mr J A Whittaker declared a personal interest as
the daughter of the landowner is known to him At the beginning
of the debate on the following item, Mrs M Lloyd declared a personal interest
as both the applicant and the agent are known to her TCP/12736/B |
Details: |
Demolition of double
garage & workshop; construction of 2 storey maisonette with integral
garage Land
between 2b and R S Motors, Well Road, East Cowes |
Public Participants: |
Mr
Peter Richardson (Applicant) Mr
Richard Mazillius (Agent) |
Additional Representations: |
Photographs
were submitted by the Applicant. However, the presentation to Members by the
Planning Officers included photographs taken by the case officer, which included
a development site referred to by the applicant. |
Comment: |
The
local Member spoke on this item Members
were minded to approve the application, as they felt that the flood risk was
not substantial enough to warrant a refusal, and that conditions could be put
in place to safeguard the risk. |
Decision: |
Contrary
to Officer recommendation, Members granted approval, subject to appropriate
conditions. |
Conditions: |
(item
4) |
Application: |
Mrs M J Miller resumed her
position as Chairman for the remainder of the meeting TCP/14948/G |
Details: |
Demolition of 6 beach
chalets; erection of 3 detached houses 1-6
Beach Chalets, Marsh Road, Cowes |
Public Participants: |
Ms
Claire Frankl-Bertram |
Additional Representations: |
A
letter received from the local Member expressing his views as he was unable
to attend the meeting Comments
from the Councils Costal Manager Comments
from the Planning Officer |
Comment: |
None |
Decision: |
Refusal
of planning permission, for the reasons set out in the Part II Register |
Conditions: |
As
per report (item 5) |
Application: |
Mr
D G Williams declared a personal interest in the following item as one of the
objectors is known to him TCP/26277 |
Details: |
Conservatory on rear
elevation at 1st floor level 18
Foxhills, Whitwell Road, Ventnor |
Public Participants: |
Mr
George Davies (Objector) Mr
Donald Broddle (Objector) Mr
Paul Airey (On behalf of Applicant) |
Additional Representations: |
None |
Comment: |
The
local Member spoke on this item Members
were concerned regarding the possibility of overlooking and loss of privacy
to neighbouring properties |
Decision: |
Deferred
for a Site Inspection by the Development Control Committee |
Conditions: |
(item
6) |
(b)
Other Matters Not Relating To Current Planning
Applications
(i) TCP/24467/B/P2093/03 - Detached
house with detached garage; alterations to vehicular access on land adjacent 1
Pelham Road, Ventnor
The Committee considered
whether to approve the change to the design of the roof of the detached garage
as an amendment to the approved plans, or to ask the developer submit a further
planning application.
RESOLVED :
THAT the
alterations to the design of the garage roof be accepted as an amendment to the
Approval granted under TCP/24467/B/P2093/03 and advise the applicant
accordingly
(ii) Ref: P/26102 &
E/20443H - Current Enforcement action against caravans - used for residential
purposes Sheep Lane Farm, Blythe Shute, Chale, and Hawthorn Manor Farm, Chale
Green
Members
assessed the new evidence that had emerged following the issuing of the two
Enforcement Notices and the submission of Appeals by interested parties. They
considered if the Local Planning Authority should review its position relating
to the alleged breaches of planning control at Sheep Lane Farm and Hawthorn
Manor Farm.
RESOLVED :
THAT
the contents of this report are noted and the landowner’s solicitor be advised
that the agreement outlined at the end of the conclusion section is
acceptable. That is:
Sheep Lane Farm
1. That
the Local Planning Authority accepts the retention and residential use of
caravans A, B and C.
2. The
Local Planning Authority invites (without prejudice to the final decision) an
application for a Lawful Development Certificate relating to the residential use
of caravans A, B and C on the grounds of the period of time they have been
present. This application to be submitted within 10 days.
3. That
immediately prior to the submission of the Lawful Development Certificate, the
Local Planning Authority will withdraw the Enforcement Notice relating to Sheep
Lane Farm.
4. That
caravans D and E will be removed within 28 days.
5. If
the caravans to be removed at Sheep Lane Farm are not removed within the one
month period (together with other items) then a further Enforcement Notice will
be served.
Hawthorn Manor Farm
1.
That the Local Planning
Authority accepts the retention and continued use of caravan A for residential
purposes.
2.
The Local Planning Authority
will invite (without prejudice to the final decision) an application for a
Lawful Development Certificate relating to the residential use of the two
remaining caravans at Hawthorn Manor Farm. The application to be submitted
within 10 days.
3.
That caravan B will not
just cease to be used but will physically be removed from the site within 2
months. (the removal of this caravan does involve the temporary dismantling of
an adjoining building).
4.
That for the avoidance of
any future confusion both the caravans positioned in front of the house (C and
D) are removed from the site.
5.
That all the caravans to
be removed from Hawthorne Manor Farm are removed within 2 months.
General Points relating to both sites
The Local Planning Authority will reimburse the
appellant with regards to that element of the appeal fees, which have been
received by the Local Planning Authority.
The appellant will not make an application for costs
against the Local Planning Authority for the withdrawal of the Enforcement
Notices.
(c)
Schedule of Appeals
The Schedule of
Appeals that had been lodged and decisions made was received.
RESOLVED :
THAT the report be noted.
(d)
ITEM DEFERRED FROM THE LAST
MEETING OF THE COMMITTEE AND THE SITE INSPECTION MEETING – PAPER B3
TCP/10506/F – Demolition of building; 6 storey building to
form 2 shop units on ground floor with 9 flats over (revised
scheme)(readvertised application) Le Veness, Esplanade, Ventnor
The Chairman agreed to hear the following item that was
deferred from the Committee meeting held on the 1 June 2004 and was the subject
of a subsequent inspection by the Committee on 11 June 2004.
Members gave consideration to whether or not planning permission would be granted for the above application. The application was back before the Committee as originally submitted by the applicants. Members were informed that the applicants had provided Officers with a plan that illustrated what the proposed building would look like if, as requested by Members, the number of floors were reduced from 6 down to 5. Members agreed that the result of the reduction would give the street scene a ‘dog tooth effect’, which would be undesirable.
RESOLVED
:
THAT
conditional planning approval be granted,
subject to the conditions set out in the Part II Register. That a letter is sent to the applicant's agent suggesting
that investigations into the use of measures for the conservation of energy and
a grey water system continue and that best available techniques and materials
are used in the construction of the building to maximise energy conservation.
URGENT BUSINESS
30. The Chairman agreed to the following item of urgent business, as a decision was needed before the next meeting
31.
32.
Before debate began, Mr D G
Williams declared a personal interest in the following item of urgent business,
as the applicant is known to him.
33.
34.
35.
36.
37.
TCP/22221/E -
Demolition of golf driving range structure; single storey extension to form
replacement golf driving range; proposed floodlighting, Westridge Golf Centre,
Brading Road, Ryde
38.
39. Members considered whether or not to grant planning permission for the above application. The application was back before the Committee as originally submitted by the applicants. However, Members where informed that the applicants were prepared to provide some form of landscaping/planting to lessening the effect of potential light pollution. An additional letter and email was received from Campaign to Protect Rural England raising some concerns.
40.
41. Members commented that they were happy to grant permission on the replacement golf driving range, but would like to see a temporary permission given for the floodlighting, so the Committee can review the permission at a later date.
42.
43. RESOLVED :
44.
45.
THAT
conditional planning permission be granted in accordance with the
recommendation set out in the appended report considered by Members at the last
meeting with additional conditions as follows:
46.
(i)
All
illumination/lighting/floodlighting on the facility should be replaced with new
lighting in accordance with a scheme to be agreed with the Local Planning
Authority before the replacement driving range is brought into use.
(ii) A landscaping/planting scheme to mitigate against any alleged or potential light pollution be agreed with the Council before the replacement driving range is brought into use with the necessary landscaping (land moulding etc.) carried out within three months to be followed by planting during the first available planting season.
(iii) Permanent consent to be granted to building with temporary 3 year consent for flood lighting.
CHAIRMAN