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