REPORT OF THE DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES TO DEVELOPMENT CONTROL COMMITTEE

SITE INSPECTION – 14 FEBRUARY 2003

 

 

TCP/03889/J   P/01147/02  Parish/Name:  Shanklin

Registration Date:  03/07/2002  -  Outline Planning Permission

Officer:  Mr. J. Mackenzie           Tel:  (01983) 823567

 

Demolition of buildings; outline for 4 houses

The Boathouse Restaurant, 3, Esplanade, Shanklin, PO376BN

 

REASON FOR COMMITTEE CONSIDERATION

 

Report requested by Local Member at the time of submission.

 

LOCATION & SITE CHARACTERISTICS

 

The site has nearly approximately 0.02 hectares located at the extreme end of Shanklin Esplanade on the rising land at Chine Hill which marks the southern end of the physical development of the Esplanade. Chine Hill rises to the south, turns to the west whilst still rising and, in pedestrian form provides access to the Chine Public House, and turning further northwards links with Chine Avenue and Everton Lane. The rear of the site is marked by the bottom of the cliff and further terraced houses etc. abut the site further to the north including 4 and 5 storey block of flats known as Waverley Court. The site is currently occupied by 1, 2 and 3 storey buildings currently used as cafe/restaurant with residential accommodation covering the majority of the site.

 

RELEVANT HISTORY

 

Change of use of ground floor from retail to cafe approved in January 1995 and in April 1994 a change of use from class A1 retail to class A3 cafe was also approved, the two applications relating to opposite ends of the building.

 

DETAILS OF APPLICATION

 

Outline consent is sought for the demolition of existing buildings and erection of 4 houses. Siting is the only matter to be considered at this stage. Revised plans show the layout of the site indicating the footprint and sketch plans have been submitted showing a possible elevation indicating the building will be on 4 floors providing, typically, lounge, kitchen and 3 bedrooms. A revised plan shows a scheme submitted which preserves the right of way at the northern end of the site and steps the building to clear a window in the adjoining property to the north.

 

DEVELOPMENT PLAN/POLICY

 

PPG21 supports tourism to assist in the economic sustainability of area (such as the Island) and the UDP has been prepared taking into account the advice given.

Site is within development envelope; outside but abutting Shanklin conservation area; outside tourism policy (T4) area. Policy T2, whilst encouraging tourist facilities, does not preclude changes of use to uses unrelated to tourism unless they are unacceptable in the local environment or not easily accessible from existing centres of population.

 

CONSULTEE RESPONSES

 

Highway Engineer raises no objection to the absence of parking.

 

Fire and Rescue Service question suitability of development without turning facilities.

 

Environmental Health Officer - no adverse comments.

 

The Coastal Manager reports "the failures that have taken place in this vicinity have been relatively small slab type failures, or clumps of vegetation or root balls fallen under its own weight. Depending on the height of the cliff these can cause moderate to severe damage. Any development should therefore be set forward so there is an area for the debris to fall into, which can be cleared periodically and if room permits then a catch fence should be constructed to further improve safety. Much of what should be constructed will depend on the usage and public access to the cliff base and what risk reduction measure can be implemented on site. I would be happy to comment on the specifics if I knew more."

 

PARISH/TOWN COUNCIL COMMENTS

 

Shanklin Town Council oppose the development on grounds of loss of amenity in the prime tourist area. Stating that loss of such facilities on the seafront threaten the long term viability of the Esplanade and therefore the tourist trade in Shanklin.

 

THIRD PARTY REPRESENTATIONS

 

Ten letters of objection from and on behalf of local residents on grounds of over development of the site, development too high and excessive density; inappropriate design. Objectors point out lack of parking and expected generation of traffic. Identified that there is no amenity space for the dwellings and a building of this size would result in the loss of sunlight to adjoining properties. Loss of an attractive building and loss of a tourist facility. Writers also draw attention to its location at the foot of a cliff suggesting that the cliff is unstable.

 

CRIME & DISORDER IMPLICATIONS

 

The relevant officer has been given the opportunity to comment but no observations have been received.

 

EVALUATION

 

This application seeks to establish the principle of the redevelopment of the site with  4 storey four residential units in a single block but, at this stage, only the principle is sought but for a specified number of units.

 

The site is outside the designated tourism area for Shanklin and outside of the hotel area where 'facilities' would be required to be retained and therefore there is no principle objection to the sites redevelopment for residential purposes.

 

The only details to be considered at this time is the siting as numbers of units has been specified. Revised plans have been received which show a recess in the northern extent of the floor plan with the intention of retaining some space around and adjoining properties kitchen window to ensure light and ventilation to that property is not adversely affected. Although the site is shown to be practically fully covered with the new building, much of the development to the north, as far as Waverley Court, the large block of flats to the north, much of the development takes a similar form.

 

The development of this site, outside  but abutting the conservation area, with a block of 4 floor in height, uses the slope of Chine Hill to give articulation to the elevation. However, irrespective of the fairly substantial height, the building would be seen from the Esplanade and fore shore but with a backdrop of the cliff which rises well above the site. a sketch elevation shows the building to be subdivided into its four elements with varying floor levels and in my view a building erected in this position could result in an interesting environment, consistent with design policies in the UDP. Design, however, will be a matter for a future application in the event that this application is successful.

 

HUMAN RIGHTS

 

In coming to this recommendation to grant planning permission consideration has been given to the rights set out in Article 8 (Right to Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention on Human Rights, The impact this development might have on the owners or occupiers of the other property in the area and other third parties have been carefully considered. Whilst there may be some interference with the rights of these people this has to be balanced with th rights of the applicant to develop the land in the manner proposed. Insofar as there is an interference with the rights of others it is considered necessary for the protection on the rights and freedom of the applicant. It is also considered that such action is proportional to the legitimate aim and in the public interest.

 

JUSTIFICATION FOR RECOMMENDATION

 

The use of this site for residential properties does not contradict policies within the Unitary Development Plan regarding tourism or to the designated conservation area adjoining. The development of the site for residential purposes is likely to result in a lesser generation of traffic, bearing in mind the authorised use of there premises for residential use and as a cafe/restaurant therefore it is considered that having given due regard and appropriate weight to the material considerations as described in the evaluation section above, the use of the site for four houses is acceptable and consistent with policies D1, TR7 and B6 of the Isle of Wight Unitary Development Plan.

 

            RECOMMENDATION - APPROVAL

 

Conditions/Reasons:

 

 

1

Time limit - outline   -   A01

 

 

2

Time limit - reserved   -   A02

 

 

3

Approval of the details of the design and external appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

 

Reason:  In order to secure a satisfactory development and be in accordance with Policies S6 (Standards of Design), D1 (Standards of Design), D2 (Standards of development within this site), D3 (Landscaping), TR7 (Highway Consideration for New Development) of the IW Unitary Development Plan.

 

 

4

Prior to the commencement of any work pursuant to this approval, a competent persons assessment of the ground conditions of the site along with suggested foundation design details shall be submitted to and approved by the Local Planning Authority and incorporated in any residential development of this site.

 

Reason: To ensure that any adverse ground conditions encountered may be satisfactorily overcome and the site development for (residential) purposes and to comply with Policy G7 (Development on Unstable Land) of the IW Unitary Development Plan.

 

 

 

M J A Fisher

Strategic Director

Corporate and Environment Services