MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 14 MAY 2002 COMMENCING AT 5.30 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 D J Knowles, Mr C H Lillywhite, Mr I R Stephens (deputising for Mr V J Morey), Mr A A Taylor, Mr D G Williams (deputising for Mr A J Mellor), Mr D T Yates

Also Present (non-voting) :

Mr J R Adams, Mr R R Barry, Mr M J Cunningham, Mrs B Lawson, Mrs M J Lloyd, Mr M O Morgan Huws, Mr G P Price, Mrs J L Wareham

10.      MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 3 May 2002 be confirmed.

11.      DECLARATIONS OF INTEREST

Interests were declared in the following matters :

           Mr G Hepburn (East Team Leader) declared a personal interest in Minute 15 d (i) Item 27- 25 -27 North Road Shanklin as the objector was known to him

12.      REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

           (a)       Process and Determination of Planning Applications

Consideration was given to the new targets for handling planning applications. Members were reminded that Best Value imposed a duty on local authorities of continuous improvement in the delivery of their services. Details were received of the minimum targets that must be achieved for 2002/3 for the handling of planning applications. An overview was given of the measures that were needed to enable the Development Control Section to meet these targets within the prescribed time period during the present financial year. This included the appointment of additional staff, a review of the delegation arrangements and a review of site visit procedures.

RESOLVED :

                      (i)        THAT the appointment of a new Principal Planning Officer to lead on major applications be made

                      (ii)       THAT the creation of two career posts requiring the appointment of one new Junior Planning Assistant be made

                      (iii)       THAT the respective Heads of Service be requested to bring about a significant essential improvement in response times on consultations about highway issues, environmental health matters and landscaping/trees and the preparation of draft Section 106 Agreements prior to determination of major applications

                      (iv)      THAT a review of the delegation system be undertaken

                      (v)       THAT a review of the criteria for deferring applications or requesting site visits be carried out

           (b)       Research into Planning Fees

Members were informed that planning fees were increased by 14% from 1 April 2002. This was intended to achieve the Government’s objective of full cost recovery for a variety of development control functions.

RESOLVED :

THAT the report be noted and that the Development Control Manager be requested to monitor the situation.

           (c)       Introduction of Public Speaking At Meetings of The Development Control Committee

Details were given for the arrangements for the introduction of public speaking at Development Control Committee. The Chairman reminded members that it was anticipated that the new procedure would replace public question time. Members thanked officers for their hard work.

RESOLVED :

THAT to the detailed arrangements featuring in the ‘Your Chance to Speak’ document prepared by the Development Control Manager be agreed.

13.      PUBLIC QUESTION TIME

Questions were put to the Chairman as follows :

Mr C D Edwards, 146 Staplers Road, Newport in relation to Five Acres Farm, Staplers Road, Newport (PQ40/02)

Mrs D E Edwards, 146 Staplers Road, Newport in relation to Five Acres Farm, Staplers Road, Newport (PQ41/02)

Mr D A Johnson, 195 Staplers Road, Newport, Isle of Wight in relation to Five Acres Farm, Staplers Road, Newport (PQ42/02)

Mr E H Rulton, 3 Heathfield Close, Newport, Isle of Wight in relation to Five Acres Farm, Staplers Road, Newport (PQ43/02)

Mr J Brayford, 207 Staplers Road, Newport, Isle of Wight in relation to Five Acres Farm, Staplers Road, Newport (PQ44/02)

Mr Anscell, Aisthorpe Farm, Staplers Road, Newport, Isle of Wight in relation to Five Acres Farm, Staplers Road, Newport (PQ45/02)

Mr Freeman, Flemter Way, Mews Home, Newport, Isle of Wight in relation to Five Acres Farm, Staplers Road, Newport (PQ46/02)

Mrs L Grant, Palmers Cottage, 155 Staplers Road, Newport, Isle of Wight in relation to Five Acres Farm, Staplers Road, Newport (PQ47/02)

Mr J Harrison, Heath Farm, Staplers Road, Newport, Isle of Wight in relation to Five Acres Farm, Staplers Road, Newport (PQ48/02)

M McDougall, 148 Staplers Road, Newport, Isle of Wight in relation to Five Acres Farm, Staplers Road, Newport (PQ49/02)

R McDougall, 148 Staplers Road, Newport, Isle of Wight in relation to Five Acres Farm, Staplers Road, Newport (PQ50/02)

M P Salter, ‘Overcoombe’ 191 Staplers Road, Newport, Isle of Wight in relation to Five Acres Farm, Staplers Road, Newport (PQ51/02)

A H Baker, 177 Staplers Road, Newport, Isle of Wight in relation to Five Acres Farm, Staplers Road, Newport (PQ52/02)

14.      URGENT BUSINESS

The Chairman agreed to two items of urgent business as a decision was required prior to the next meeting.

           (a)       Vectis Hall, Melville Street Ryde

Members considered the authorisation of a Listed Building Repairs Notice against the continuing deterioration of the roof of the Grade II listed building. Although a Section 215 Notice had mostly been complied, with it was believed that further action must be taken in order to protect the building.

RESOLVED :

THAT the service of a Listed Building Repairs Notice under the Planning (Listed Building and Conservation Areas) Act 1990 be authorised

           (b)       Outline for Residential Development, Access of Sherbourne Avenue, Binstead, Ryde

Members were updated regarding negotiations on the Section 106 Agreement. Members and officers had understood that the proceeds for the sale of the land for residential purposes would go towards the development of the new factory unit at Westridge and the relocation of the business within a certain time frame. Counsel’s opinion relating to the drafting of the Section 106 Agreement were reported. The applicant had now confirmed that he no longer had connections with the parent company and wished to use the proceeds of sale of his part for another project. The proposed Section 106 Agreement had been redrafted in the light of this. The Legal Services Manager advised members that a business plan was still in its early stages and was not yet available. Members appreciated the complexity of the situation and believed they required more time to consider the matter.

RESOLVED :

THAT the matter be deferred to the next meeting of the Committee.

                       Reason :        1.        To allow time to read the report.

                                               2.        The Planning obligation to include a requirement for a business plan outlining what is expected as part of the business plan.

                                               3.        Invite ‘Jaylands Society’ to undertake a Section 106 Agreement to link their land ownership with an alternative employment scheme.

15.      REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

           (a)       TCP/13520/L - Outline for residential development and office accommodation land at St Cross Business Park south of Lower St Cross Farm and east of Dodnor Lane, Newport

Members were reminded that this application was deferred from the meeting on 23 April, at the applicant's request. Additional information had now been submitted by the applicant. Members were updated as to the current situation and comments from the Head of Economic Development were received. The committee were advised that a previous refusal now formed part of the planning history and was therefore a material consideration in determination of this, and other subsequent applications on the site. Also, a major consultee (The Isle of Wight Partnership) had now taken the opposite view from that expressed when it supported the earlier proposal. Furthermore the applicant and agent had pointed out that SEEDA were unable now to offer any financial support or grant aid for this type of development. Members were keen to support the creation of jobs but expressed concern at the loss of office space for housing needs.

RESOLVED :

THAT the matter be approved contrary to officer recommendation. In reaching this decision, members applied greater weight to the elements of UDP policy which supported the proposal, than those which did not. They also placed less weight on the Isle of Wight Partnership’s opposition to the scheme and the previous refusal of planning permission for a similar scheme than the Planning Officer. Members felt that the provision of the speculative office development proposed was important for the economic development of the Island and outweighed any drawbacks of the scheme, including the relationship between the proposed dwellings and existing Class B1 uses near the site.

           (b)       TCP/01501/T - Change of use of land and buildings to form monkey sanctuary; outline planning permission for buildings variation of agricultural occupancy condition (revised plans)(additional information supplied in form of Development Plan)(re-advertised application) Five Acres Farm, Staplers Road, Newport, Isle Of Wight, PO30 2NB

The application had been deferred from the meeting of the Development Control Committee on 18 February so that the Environment Agency could visit to both the application site and to a facility on the mainland holding similar animals. Consideration was given to the updated report. Two additional letters of objection had been received from members of the general public and two letter had been received from the agent. Members were advised that the animal identified with the potential for the loudest vocalisation had been removed from the list of those to be housed on the site, and noise problem was unlikely to occur from any of the remaining species. However, members expressed concern over the noise level and location of the site. Members requested that the applicant be instructed to clarify his position regarding compliance with the agricultural occupancy condition at the property at Five Acres.

RESOLVED :

THAT the application be refused contrary to officer recommendation as members believed it would have a detrimental impact on the landscape and on the amenities of local residents, and would therefore be contrary to the provisions of the IW Unitary Development Plan

           (c)       Schedule of Appeals

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

RESOLVED :

THAT the report be noted.

           (d)       Planning Applications and Related Matters

                      (i)        Part II and Part III

Consideration was given to items 1 - 28 of the report of the Strategic Director of Corporate and Environment 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.

           (ii)       Part IV - Items Other Than Current Issues

                      (a)       TCP/5964H Use of former Raffles Inn, Steyne Road, Bembridge as staff accommodation by Kingswood Centre

Consideration was given to whether the ongoing use of the former Raffles Inn by staff employed to work at the Kingswood Centre was a material change of use of the property and if so, the course of action that should be taken. Comments were received by the Principal Environmental Health Officer.

RESOLVED :

THAT it be indicated to the operators that the change of use from a hotel to staff accommodation, although open to paying guests two months a year was considered to be a material change of use and that an Enforcement Notice requiring the cessation of that use be served. Time for compliance - 6 months.

                      (b)       

TCP/6387L Ten houses, garages, access road and landscaping, land off Blythe Way, Shanklin

Members considered as to whether a Notice should be under Section 215 of the Town and Country Planning Act 1990 which would require the removal of all items left over from the development on the site because of their adverse effect on the amenities of the area.

RESOLVED :

THAT a notice be served under Section 215 of the Town and Country Planning Act 1990 to require the clearance of all the remaining building equipment, including the portakabin from the land. Time for compliance - one month after the notice takes effect

                      (c)       TCP/15985D Removal of section of wall to form vehicular access, at 3 Eastcliff Road, Old Village, Shanklin

Advice was given regarding the circumstances surrounding the removal of the section of wall which fell within a Conservation Area and the assessment as to whether this activity required the formal consent.

RESOLVED :

THAT the Residents Association be advised that whilst Conservation Area Consent should have been sought before the removal of the boundary wall, that having assessed the situation, the Local Planning Authority believed that planning permission was likely to have been granted and under those circumstances the Local Planning Authority did not intend to take the matter any further.

                      (d)       TCP/20059J Unauthorised chicken enclosure, Fairoaks Farm, Lower Woodside Road, Wootton.

Consideration was given to the circumstances surrounding the construction of an animal enclosure, and whether planning consent was prior to its installation and if so, whether the situation justified enforcement action

RESOLVED :

THAT the landowner be advised that the construction of the animal enclosure required the formal consent of the Local Planning Authority before it had been constructed on site and given its proximity to nearby residential properties that such consent was unlikely to have been given and therefore an Enforcement Notice to require the removal of the structure be served with a time period for compliance of 28 days

                      (e)       TCP/22175 Unauthorised garage and shed, at 4 Marsh Road, Gurnard

Members were informed of the circumstances relating to a detached garage and lean to shed which was alleged to have required planning permission.

RESOLVED :

THAT in view of the circumstances in this case, no further action in respect of the garage and the lean-to shed be taken.

                      (f)        TCP/23979 Increase in height of boundary wall beyond that allowed under the Permitted Development Rights at Shorefield House, Madeira Lane, Freshwater, Isle of Wight

Consideration was given to the circumstances behind an increase in the height of a boundary wall beyond that allowed without the formal consent of the Local Planning Authority having first been obtained. It was reported that the occupant of Shorefield House had indicated an intention to resolve the outstanding breach of planning control by incorporating the wall within a new building at the rear of the property.

RESOLVED :

THAT the physical appearance of the wall was generally acceptable within the wider landscape be acknowledged and that it was not considered to have had such an adverse effect on the amenities of adjoining property owners, that planning permission would have likely to have been refused for that reason. However, in recognition of the attention that should have been paid to the issue of structural integrity and the landowner’s stated intention to submit a planning application for other developments at the site, the Local Planning Authority resolved to advise the landowner that the issue of the structural integrity of the wall should be addressed by the submission of an comprehensive application for development at the site. If no such application is submitted within thirty days, then appropriate enforcement action is authorised.

CHAIRMAN