PAPER B2 

SCHEDULE OF APPEALS

           

1.         NEW APPEALS LODGED

 

TCP/8182/H                                      Mr and Mrs F Troisi against refusal of outline for a dwelling, land rear of The Mount, Shanklin.                    

 

TCP/25352                                        Mr and Mrs D Thomas against refusal for conservatory and single storey extension, at 14 Glendale Close, Wootton.

 

TCP/9254/M                                      Mr and Mrs Stapleton against refusal for demolition of garages; pair of semi-detached houses with garages, land between 18a and 19 Castle Street, Ryde.

 

TCP/24024/B                                                Mr J Hobson against refusal for renewal of two shipping containers at Helens Copse, off Gate Lane, Freshwater.

                                                                      

 

 


2.        HEARING/INQUIRY DATES

 

TCP/24977/A                                      Abbeyfield Isle of Wight Extra Care Society, against refusal of outline for a thirty six-bed nursing home on land between Grassmere Avenue and Thornton Close, Appley Road, Ryde.  This appeal is to be linked with the earlier appeal against the refusal of outline for a two storey building comprising twelve elderly persons units and a twenty four bed nursing home and associated facilities and both appeals will be dealt with at the Hearing to take place on 6 January 2004.       

 

TCP/3551/D                                      Westridge Estates against refusal for demolition of existing building and construction of four detached houses and garages, alterations to vehicular access and provision of parking and turning, at the Crab Shack, Duver Road, Seaview.  Inquiry to take place on 24 and 25 March 2004.

 

TCP/3664/V                                      Mr R Roberts against refusal for demolition of garages and outbuildings and removal of caravans and outline for ten dwellings at Mountfield Holiday Park, Norton Green, Freshwater.  Hearing to take place on 30 March 2004.

 

 


 


3.        REPORT ON APPEAL DECISIONS

 

(1)               TCP/12442/K                        Mr and Mrs I Beynon against refusal for the removal of agricultural occupancy condition at Greenfields, Merstone Lane, Merstone, Newport. 

 

Officer Recommendation:           Refusal

 

Committee Decision:                    Refusal (Part 1) - 26 September 2002

 

 


Appeal Decision:                            Allowed - 8 September 2003

 

Main issue of the case as identified by the Inspector:

 

·                      Whether there is sufficient evidence that there is no longer a need for the agricultural occupancy condition.

 

Conclusions of the Inspector:

 

·                      The property has been offered on the market at a value that reflects the agricultural occupancy restriction.

 

·                      Expressions of interest were followed up with due diligence.

 

·                      Bearing in mind the restricted policies, which protect the rural character of the Island, occupancy conditions should not be set aside lightly.

 

·                      The balance of evidence demonstrates that despite the marketing campaign over a two-year period there is currently no one who is ready, willing and able to buy the dwelling.

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(b)       TCP/24646/A                          Greenfield Homes Construction Ltd against refusal for two pairs of semi-detached houses with parking area on land to the rear of 23 Marlborough Road and south of Appley Farm Development, Marlborough Road, Ryde.  

 

Officer Recommendation:           Refusal

 

Committee Decision:                    Refusal (Part 1) - 3 October 2002

 

Appeal Decision:                            Dismissed - 9 September 2003

 

Main issues of the case as identified by the Inspector:

 

·                      The effect of the proposed development on highway safety and the free flow of traffic in Marlborough Road.

 

·                      The effect of the proposed development on the living conditions of nearby occupiers, with particular reference to noise and disturbance.

 

 

Conclusions of the Inspector:

 

·                      Visibility for drivers leaving the proposed development would be poor in either direction.

 

·                      There would be danger to pedestrians using the footpath and to drivers and cyclists using the road.

 

·                      The restricted width of the access would provide inadequate manoeuvring space for vehicles entering the site and would pose a serious danger to highway safety and free flow of traffic.

 

·                      The use of the access for the seven dwellings does not justify a further increase.

 

·                      The close proximity of habitable rooms to the access would result in reduced amenity because of additional noise and disturbance.

 

 


·                      There would be a detrimental effect on the living conditions of occupiers by reason of noise and disturbance.

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(1)               TCP/3551/D                          Westridge Estates against refusal for demolition of existing building and the construction of five detached houses with alterations to vehicular access and provision of parking areas, at the Crab Shack, Duver Road, Seaview.

 

Officer Recommendation:           Refusal

 

Committee Decision:                    Refusal (Part 1) - 21 August 2002

 

Appeal Decision:                            Dismissed - 15 September 2003 

 

Main issues of the case as identified by the Inspector:

 

·                      Whether the proposed scheme would be sustainable given the provisions of the Development Plan and the site’s position relative to Seaview and to the sea defences currently under construction.

 

·                      The impact of the development on the character and appearance of the area and on living conditions of nearby residents, particularly in relation to outlook.

 

·                      Whether the proposal makes reasonable provision for access by the disabled.         

 

Conclusions of the Inspector:

 

·                      The site could arguably be described as infilling a small gap between existing dwellings.

 

·                      Notwithstanding, the proposal does not require a rural location and would not benefit the rural economy and does not have the support of UDP Policy G5.

 

·                      The site has a high risk of flooding and whilst the proposed houses would be built on slabs, survey data suggests that access and the circulation areas could be submerged.

 

·                      Advice in PPG25 is that general purpose housing should not be granted unless it could be shown that there are no reasonable options available in lower risk flood zones.

 

·                      There was no evidence to demonstrate a shortage of sites in lower risk categories.

 

·                      The appeal proposal, at a density of less than twenty dwellings per hectare, would be an inefficient use of the land when judged against advice in PPG3.

 

·                      The Crab Shack building has clearly reached the end of its useful life but no evidence was produced to show attempts to market the site for non-residential use and a robust case would be needed to overcome policy objections to a residential scheme.

 

·                      The proposed scheme would not be sustainable given the provisions of the UDP, the site’s position relative to Seaview and the sea defences currently under construction.

 

·                      The proposed scheme respects the scale of the neighbouring development.

 

 

 


·                      The proposal would interfere with views from the first floor window of Duver Gate but the siting of the nearest dwelling is such that it would not dominate the outlook to an extent that warrants withholding consent.

 

·                      The impact of the development on the character and appearance of the area and living conditions of nearby residents would be acceptable and would not conflict with the UDP.

 

·                      The proposal makes adequate provision for access by the disabled.

 

            APPLICATION FOR COSTS AGAINST ISLE OF WIGHT COUNCIL

 

Applicant’s reasons for application:

 

·                      The Council failed to provide evidence to substantiate its reason for refusal which stated insufficient information had been submitted in respect of flood risk despite a Flood Risk Assessment being submitted as evidence to the Inquiry.

 

·                      The Council did not call a flooding expert witness to the Inquiry.

 

·                      The Council did not explore with the Environment Agency the level of risk or the issue of wave height even though the current Flood Protection Scheme is part funded by the Council.

 

·                      The Council asked questions in relation to places of safety for the occupants of the development when it was clear the dwellings would provide places of refuge.

 

Council’s response:  

 

·                      On receipt of the appellant’s evidence, the Council gave careful thought to the submitted information and decided there was still an issue of flood risk.

 

·                      There was considerable debate to the Inquiry and a clear difference of opinion between witnesses.

 

·                      Most of the Inspector’s questions were directed to the issue of flood risk.

 

Conclusions of the Inspector:

 

·                      The Flood Risk Assessment had not been provided at the time of the decision but the Council was entitled to conclude after receiving the assessment that there was no reason to permit development in a flood risk area.

 

·                      The Environment Agency’s satisfaction with the quality of the assessment does not undermine the Council’s decision.

 

·                      The Environment Agency is not responsible for land use planning and their lack of objection to the later application (not the subject of the current appeal) did not oblige the LPA to conclude the level of flood risk is acceptable.

 

·                      At the Inquiry the Council provided evidence to support their concerns in relation to flood risk and were under no obligation to produce a flood risk expert and did not behave unreasonably in this respect.

 

·                      PPG25 points out it is the applicant’s responsibility to assess flood risk and produce an assessment and it was therefore entirely appropriate that their expert should attend the Inquiry to answer questions.

 

 


·                      It was this expert’s evidence that raised the matter of wave heights so it was not surprising the Council chose to question him.

 

·                      It was not unreasonable for the Council to explore evidence about the safety of occupants of the proposed development and about the adequacy of arrangements for emergency access in the event of a flood.

 

Inspector’s decision:

 

·                      There was no demonstration of unreasonable behaviour by the Council that caused unnecessary expense and the application for an award of costs against the Council was refused.

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Copies of the full decision letters relating to the above appeals have been placed in the Members Room.  Further copies may be obtained from Mrs J Kendall (extension 4572) at the Directorate of Environment Services