URGENT BUSINESS

REPORT TO DEVELOPMENT CONTROL COMMITTEE

TUESDAY 14 SEPTEMBER 2004

The Shipyard, Ashlake Copse Road, Ryde, IOW PO33 4WY

Officer: Mr P Stack Tel: (01983) 825570

REASON FOR COMMITTEE CONSIDERATION

Application raises policy issues which require consideration by Members.

PROCESSING INFORMATION

If application is decided at meeting submission processing would have taken 10 weeks, principally due to current workload pressures.

LOCATION AND SITE CHARACTERISTICS

Application relates to industrial boat building premises located at northern end of Ashlake Copse Road with western boundary of site fronting Wootton Creek.

RELEVANT HISTORY

Extensive planning history on this site with most recent decisions summarized as follows:

In April 2002 consent granted for formation of slipway and jetty and pair of semi-detached dwellings with access served off Ranalagh Drive. Subsequently detailed consent granted for two detached houses in May 2003. One of these units has been constructed.

Both the above mentioned applications were subject to conditions which amongst other matters required access to be gained to and from the site from Ranalagh Drive by opening up of that road together with final surface finish details.

Application granted for temporary siting of boat shed for construction of hovercraft and pontoon berths/moorings which again requires identical access arrangements to those referred above.

More recently application seeking consent for construction of further detached dwelling on land immediately rear (east) of main industrial boat building premises approved in June 2003. Again, consent is subject to conditions requiring vehicular access to site from Ranalagh Drive and prohibiting use of Ashlake Copse Road as means of access to site to serve approved development. This particular consent was also subject to condition requiring equivalent floor space that was to be lost as a result of the approved development to be replaced elsewhere on site.

DETAILS OF APPLICATION

Application seeks detailed consent for construction of six detached houses to rear (east) of main boat building premises.

Submitted plans show five additional dwellings north of single detached dwelling previously approved with further dwelling located north of pair of dwellings which were approved in May 2003.

Two of the larger dwellings would comprise attached double garage with study, dining room, kitchen and lounge at ground floor level with four bedrooms above with four smaller units comprising integral garage, lounge, dining room, kitchen/family room at ground floor level and 4 bedrooms above.

Site will be served by central access road with application utilizing access from Ranalagh Drive.

DEVELOPMENT PLAN/POLICY

The majority of industrial site and part of land fronting foreshore is located within established development envelope boundary as shown on Unitary Development Plan. In terms of UDP policies the following policies are considered relevant:

G1 - Development Envelopes in Towns and Villages

G10 - Potential Conflict between Proposed Development and Existing Surrounding Uses

H4 - Unallocated Residential Development Restricted to defined settlements.

E3 - Resist Development to Allocated Employment Land for Other Uses

E5 - Allocation of Employment Sites

TR7 – Highway Considerations for New Development

Adopted planning brief for site (May 2002) seeks to retain marine related industry with construction of some residential development subject to safeguard such as noise control to support provision of employment generating uses. Majority of application site lies within land identified as appropriate for residential use with slight incursion to employment allocated land. Brief advises that developments at Fishbourne Quay should be served by vehicular traffic entirely from Ranalagh Drive.

CONSULTEE RESPONSES

Highway Engineer advises that he has no objection to proposal but requests additional information concerning level of parking proposed per plot and requirement for some improvement to transition area between adopted and un-adopted highway. He also suggests imposition of condition requiring closure of access to Ashlake Copse Road.

Contaminated Land Officer recommends condition requiring appropriate site assessment and remediation if required.

Environmental Health Officer confirms that they have received acoustic reports from noise consultant prepared on behalf of applicant. He has no objection to proposed development subject to recommendations contained within acoustic report being carried out ie. that the proposed specification for the refurbished building structure be submitted to a local planning authority for approval. He also refers to any working carried outside normal working hours to take place inside main fabricated building.

English Nature, following reconsideration of the matter and obtaining more detailed information do not object to the proposal and advise that proposal is not likely to have significant effect of SPA or Ramsar sites. Proposal does not therefore require appropriate assessment under habitat regulations.

Environment Agency are aware that application site may have previously been occupied by activities that potentially may have given rise to contamination. In this context they suggest condition requiring appropriate investigation to assess the degree of contamination. This condition replicates requirements of Council’s contaminated land officer.

PARISH/TOWN COUNCIL COMMENTS

No applicable.

THIRD PARTY REPRESENTATIONS

Four letters have been received objecting and/or raising concern in respect of the following issues:

1. Requirements for traffic improvements to junction of Fishbourne Lane and Ranalagh Drive.

2. Implication for highway safety.

3. Removal of existing tree screen to improve visibility within local highway system.

4. Suggestions as to management of traffic flows in immediate locality.

5. Requiring upgrade of temporary gravel road surface.

6. Completion of road surface level together with kerb removal.

7. Questioning future use and intensification of Ranalagh Drive.

8. Increase in traffic movements and implications for noise and general disturbance.

Ashlake Copse Road Association objects to application as in their view application no makes mention of access to site. Conditions imposed on planning consent for three previous applications prohibit use of Ashlake Copse Road for access to shipyard site by all traffic, it is alleged that this has not been enforced and is flouted everyday. Association suggests that condition be imposed that access to and from shipyard for all traffic must be solely via Ranalagh Drive. They also make comments concerning controlling existing gate barrier at end of Ashlake Copse Road.

CRIME AND DISORDER IMPLICATIONS

No crime and disorder implications are anticipated.

EVALUATION

Main planning consideration with regards to this application is Development Plan Policy and in particular more recent supplementary planning guidance contained within planning brief adopted for this site in May 2002.

The proposed siting of the dwellings falls largely within the area identified as being suitable for residential development as part of the overall redevelopment/regeneration of this site and is therefore acceptable in principle. The planning brief guidelines recognize that any proposals for be for the whole of the site and that benefits for employment should be secured before any enabling development is occupied. There is a further expectation that the current employment floor space should be at least equaled in any redevelopment proposal. The agreed aim for the site is to enable the retention and improvement of employment development including bringing back into employment use those areas previously occupied by industrial buildings.

Whilst the proposed site is currently occupied by employment workshops the grant of planning consent for a detached house in June 2003 was subject to a condition requiring equivalent floor space for marine related employment to be provided on site prior to occupation of dwelling.

Turning to detail considerations, the Environmental Health Officer has vetted acoustic report prepared on behalf of applicant and subject to appropriate conditions does not object to proposed development.

Matters relating to potential pollution content of site are adequately addressed by way of appropriate conditions which have been suggested by Council’s Contaminated Land Officer.

Furthermore, statutory consultees are satisfied with proposal but again subject to appropriate conditions being attached to any consent.

With regards to highway issues as with most recent approvals on this site access to serve proposed development will be gained via Ranalagh Drive and this length of highway to application site lies within control of applicant. As with previous applications conditions can be imposed to ensure that dwellings are served through Ranalagh Drive and that final length of road is made up to an acceptable standard and kept available for access to the application sites. In respect of other highway matters raised, Highway Engineer has not commented on these matters, some of which lie outside the limit of the application site itself.

Finally, whilst appreciating policy requirements of E3 in seeking to resist development of existing employment land and premises, point should be made that earlier consent for single dwelling approved last year considered this issue and in approving that development was subject to condition requiring replacement for space to be made on site. Subsequent consent for construction of detached boat shed for construction of hovercraft which has been constructed and is currently in use has complied with this particular condition and on this basis no reasonable objection can be raised on grounds of loss of employment floorspace.

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 impacts this development might have on the owners/occupiers of 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 the 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 of the rights and freedom of the applicant. It is also considered that such action is proportional to the legitimate aim of the Council’s Unitary Development Plan and in the public interest.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report, it is considered that this proposal is consistent with both UDP policy and planning brief prepared for this site and accordingly application is recommend for approval.

RECOMMENDATION – APPROVAL

Conditions/Reasons:

A10

The development hereby permitted shall be begun before the expiration of 5 years from date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

S03

No development shall take place until details of the materials and finishes to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.

UN1

Access to the development hereby approved shall be from Ranalagh Drive which shall be kept available at all times for use by traffic visiting or leaving the application site in connection with the approved development. Any variation to this agreement shall be agreed in writing with the Local Planning Authority.

Reason: To ensure adequate access to the proposed development and to comply with Policy TR7 (Highway Considerations) and Policy D1 (Standards of Design) of the IOW Unitary Development Plan.

UN2

All traffic (including construction traffic) visiting or accessing the site in connection with the development hereby approved shall not use Ashlake Copse Road as a means of access to and from the site unless otherwise agreed in writing with the Local Planning Authority.

Reason: To ensure adequate access to the proposed development and to comply with Policy TR7 (Highway Considerations) and Policy D1 (Standards of Design) of the IOW Unitary Development Plan.

J01

Development shall not begin until details of the design, surfacing and construction of any new roads, footways, accesses and car parking areas, together with details of the means of disposal of surface water drainage there from have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason: To ensure an adequate standard of highway access and drainage for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

UN3

No development shall commence until details of the surfacing and construction of the remainder of Ranalgh Drive and the internal access road have been submitted to and approved by the Local Planning Authority. Development shall be carried out in accordance with the approved details and the measures agreed shall be completed before the occupation of any part of the development hereby approved or in accordance with the agreed programme.

Reason: To ensure adequate access to the proposed development and to comply with Policy TR7 (Highway Considerations) and Policy D1 (Standards of Design) of the IOW Unitary Development Plan.

UN4

No part of the development hereby permitted shall commence until there has been submitted to and approved in writing by the Local Planning Authority:

a) a desktop study documenting all previous and existing land uses of the site and adjacent land in accordance with national guidelines as set out in Contaminated Land Research Report Nos. 2 and 3 and BS10175: 2001

and, unless otherwise agreed in writing by the Local Planning Authority,

b) a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as appropriate by the desk top study in accordance with BS10175: 2001 - "Investigation of Potentially Contaminated Sites - Code of Practice",

and, unless otherwise agreed in writing by the Local Planning Authority,

c) a remediation scheme to deal with any contaminant including an implementation of timetable, monitoring proposals and a remediation verification methodolgy. The verification methodology shall include a sampling and analysis programme to confirm the adequacy of decontamination and an appropriately qualified person shall oversee the implementation of all remediation.

Reason: To protect the environment and prevent harm to human health by ensuring that where necessary, the land is remediated to an appropriate standard in order to comply with Part IIA of the Environmental Protection Act 1990.

UN5

The construction of buildings shall not commence until the investigator has provided a report, which shall include confirmation that all remediation measures have been carried out fully in accordance with the scheme. The report shall also include results of the verification programme of post-remediation sampling and monitoring in order to demonstrate that the required remediation has been fully met. Future monitoring proposals and reporting shall also be detailed in the report.

UN6

No development shall take place until the developers have carried out adequate investigations to assess the degree of contamination of the site and to determine its water pollution potential. The methods and extent of the investigation shall be agreed with the Planning Authority before any work commences. Details of appropriate measures to prevent pollution of ground water and surface water, including provisions for monitoring, shall then be submitted to and approved in writing by the Local Planning Authority.

Reason: To prevent pollution of the water environment as the site may be contaminated due to the previous use and to comply with Policy P1 (Pollution and Development) of the IOW Unitary Development Plan.

UN7

The noise reduction measures outlined in noise report prepared by Ian Sharland Limited and dated 27 March 2003 shall be carried out in full prior to the occupation of any of the dwellings hereby approved and maintained thereafter as long as the main fabrication building (located immediately to the north-west of the approved dwellings) is in use. The details of the proposed specification for the refurbished building structure shall be submitted in writing to the Local Planning Authority for approval.

Reason: To protect the amenities of local residents and to comply with Policy P1 (Pollution) of the IOW Unitary Development Plan.

UN8

Outside the hours of 07.30 to 18.30 no noise generating activity shall take place outside the main fabrication building without the written prior consent of the Local Planning Authority.

Reason: To protect the amenities of local residents and to comply with Policy P1 (Pollution) of the IOW Unitary Development Plan.

ANDREW ASHCROFT

Head of Planning Services