PAPER B1

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE -

TUESDAY 15 FEBRUARY 2005

REPORT OF THE HEAD OF PLANNING SERVICES

WARNING

1. THE RECOMMENDATIONS CONTAINED IN THIS REPORT OTHER THAN PART 1 SCHEDULE AND DECISIONS ARE DISCLOSED FOR INFORMATION PURPOSES ONLY.

2. THE RECOMMENDATIONS WILL BE CONSIDERED ON THE DATE INDICATED ABOVE IN THE FIRST INSTANCE. (In some circumstances, consideration of an item may be deferred to a later meeting).

3. THE RECOMMENDATIONS MAY OR MAY NOT BE ACCEPTED BY THE DEVELOPMENT CONTROL COMMITTEE AND MAY BE SUBJECT TO ALTERATION IN THE LIGHT OF FURTHER INFORMATION RECEIVED BY THE OFFICERS AND PRESENTED TO MEMBERS AT MEETINGS.

4. YOU ARE ADVISED TO CHECK WITH THE DIRECTORATE OF ENVIRONMENT SERVICES (TEL: 821000) AS TO WHETHER OR NOT A DECISION HAS BEEN TAKEN ON ANY ITEM BEFORE YOU TAKE ANY ACTION ON ANY OF THE RECOMMENDATIONS CONTAINED IN THIS REPORT.

5. THE COUNCIL CANNOT ACCEPT ANY RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ACTION TAKEN BY ANY PERSON ON ANY OF THE RECOMMENDATIONS.

Background Papers

The various documents, letters and other correspondence referred to in the Report in respect of each planning application or other item of business.

Members are advised that every application on this report has been considered against a background of the implications of the Crime and Disorder Act 1998 and, where necessary, consultations have taken place with the Crime and Disorder Facilitator and Architectural Liaison Officer. Any responses received prior to publication are featured in the report under the heading Representations.

Members are advised that every application on this report has been considered against a background of the implications of the Human Rights Act 1998 and, following advice from the Head of Legal and Democratic Services, in recognition of a duty to give reasons for a decision, each report will include a section explaining and giving a justification for the recommendation.

LIST OF PLANNING APPLICATIONS ON REPORT TO COMMITTEE – 15 FEBRUARY 2005

1.	TCP/09568/J P/01877/04 Demolition of redundant farm outbuildings; outline for 'Continuing Care Community' - a development consisting of a nursing care home, 68 extra care cottages, 26 extra care apartments, associated specialist indoor facilities, health care consulting rooms, day care facilities, restaurant, creche, outdoor recreation/leisure facilities; formation of vehicular access, pedestrian footpath links & provision of parking Land adjoining Scotland Farm and properties in Dubbers and, Yarborough Close, Godshill, Ventnor	Godshill	Conditional Approval
2	TCPL/21027/B P/02088/04 Conversion of garage into unit of holiday accommodation, (revised scheme) Brookside Cottage, Main Road, Ningwood, Newport	Shalfleet	Conditional Approval
3.	LBC/21027/C P/02304/04 LBC for conversion of garage into unit of holiday accommodation (revised scheme) Brookside Cottage, Main Road, Ningwood, Newport	Shalfleet	Conditional Approval
4.	TCP/22670/D P/01656/04 Provision of 5 lighting columns 8.0m high for go-kart track (revised scheme) Land adjacent Westridge Leisure Centre, Brading Road, Ryde	Seaview	Conditional Approval
5.	TCPL/23329/H P/01917/04 Construction of yacht haven & town pier Section of foreshore between The Royal Yacht Squadron and opposite the bandstand, The Parade, Cowes	Cowes	Conditional Approval
6.	LBC/23329/J P/01921/04 LBC for construction of yacht haven & town pier Section of foreshore between The Royal Yacht Squadron and opposite the bandstand, The Parade, Cowes	Cowes	Conditional Approval
7.	TCP/24514/A P/01983/04 Detached house with detached garage; formation of vehicular access (aorm)(further revised scheme) Land adjacent Ashdown House, Ashlake Farm Lane, Wootton Bridge, Ryde	Fishbourne	Conditional Approval
8.	TCP/24579/D P/02580/04 Continued use of part of premises for the preparation of fish and shell fish Blake & Spencer, Esplanade, Ventnor	Ventnor	Conditional Approval
9.	TCP/25066/B P/01557/04 Retention of building providing stable, multi-use animal shelter & tack room for storage of agricultural & forestry tools (revised scheme) Part OS Parcel 0091 and 0072 south of Hulverstone Farm, Hulverstone Lane, Hulverstone, Newport	Brighstone	Conditional Approval
10.	TCP/25275/B P/02596/04 Demolition of hotel; residential development comprising a total of 36 dwellings in a mixed development of houses and flats with associated parking; formation of vehicular and pedestrian access (revised scheme) Land adjoining Hill House, Queens Road/2School Green Road/Brookbank/ Brookside Forge, Brookside Road Freshwater	Freshwater	Conditional Approval
11.	TCP/25288/A P/00480/04 Amendments to approved pair of semi-detached houses ref: TCP/25288 (revised scheme) (readvertised application) Land adjacent Rookley Manor, Niton Road, Rookley, Ventnor	Rookley	Conditional Approval
12.	TCP/25836/C P/01808/04 Provision of 14 static caravan bases Thorness Bay Holiday Park, Thorness Lane, Cowes	Calbourne	Conditional Approval
13.	TCP/26052/B P/01400/04 Demolition of warehouse and workshop; outline for 7 houses and alterations to vehicular access (revised scheme) (readvertised application) Land rear of St Leonards - Cornerways, Binstead Road, Ryde	Ryde	Conditional Approval
14.	TCP/26467 P/01465/04 Demolition of Woodington, The Undercliff Drive; landslide stabilisation works, ground stabilisation, realignment of highway, landscaping & associated works (scheme 1) 4 sections of land & (additional information) (readvertised application) From Old Park Hotel through to and including land west of Beauchamp, The Undercliffe Drive, St. Lawrence, Ventnor	Ventnor	Conditional Approval
15	TCP/26467/A P/01467/04 Landslide stabilisation works, ground stabilisation, realignment of highway, landscaping & associated works, (scheme 2) 4 sections of land & highway (application to be determined by the Council's Development Control Committee) (additional information) (readvertised application) From Old Park Hotel through to and including land west of Beauchamp, The Undercliffe Drive, St. Lawrence	Niton	Conditional Approval
16	TCP/26498/B P/00063/05 Retention of single storey side and rear extension; raised deck area and screening as built 5 Avenue Road, Shanklin	Shanklin	Refusal
17.	TCP/26689 P/02181/04 Demolition of buildings; formation of temporary trailer park 2 industrial buildings, Castle Street, East Cowes	East Cowes	Conditional Approval
18.	TCP/26732 P/02570/04 Alterations; 1st floor extension to provide additional living accommodation to include French doors with railings (Revised Plans) Candleshoe Cottage, Church Road, Cowes	Cowes	Conditional Approval

TCP/09568/J - P/01877/04 Parish/Name: Godshill Ward: Wroxall and Godshill

Registration Date: 03/09/2004 - Outline Planning Permission

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

Applicant: Mr M Flux

Demolition of redundant farm outbuildings; outline for 'Continuing Care Community' - a development consisting of a nursing care home, 68 extra care cottages, 26 extra care apartments, associated specialist indoor facilities, health care consulting rooms, day care facilities, restaurant, creche, outdoor recreation/leisure facilities; formation of vehicular access, pedestrian footpath links & provision of parking

land adjoining Scotland Farm and properties in Dubbers and, Yarborough Close, Godshill, Ventnor, PO38

REASON FOR COMMITTEE CONSIDERATION

The application is a major submission, the proposal being a departure from the Unitary Development Plan and there are a number of significant issues to be resolved.

PROCESSING INFORMATION

This application, if determined at the meeting on the 15 February, will have taken 24 weeks to have been processed, the delay being due to volume of applications and Christmas break. In the event that Members accept your Officers recommendation and resolve to approve the application it will be referred to the Government Office. This will add further to the processing period.

LOCATION AND SITE CHARACTERISTICS

The site has an area of approximately 3.14 hectares, overall dimensions of 180 metres east to west and a maximum of 220 metres north to south.

The land is presently open, disused agricultural land, mostly overgrown with a slight fall from east down to the west and marks the transition from the developed part of Godshill into the open farm land on the settlement western side.

To the north and abutting the northern boundary is the cul-de-sac development known as Dubbers, a development of thirty two storey semi and terraced properties served by the cul-de-sac linking directly with Newport Road. To the east are further residential development abuts, the cul-de-sac known as Yarborough Close, a development of about 50 units comprising bungalows, terraced properties, semi detached and some maisonettes, accessed again off Newport Road.

To the south of the site the remaining buildings are Scotland Farm and further to the south west and west, an open agricultural landscape.

The bulk of Godshill village lies to the east and south east; the land generally falls in a westerly direction to a stream which is a tributary of the River Yar eventually emerging at Bembridge.

A footpath runs along the eastern boundary linking Dubbers to the junction of West Street with the Whitwell Road where Scotland Farm presently accesses.

RELEVANT HISTORY

Outline planning permission was granted for a golf course, hotel, country club, nursing home, housing (65 dwellings), light industrial units, nature trail and community facilities, land between Newport Road, Bagwitch Lane and Whitwell Road, west of Godshill in March 1995. The approval granted included the application site and much of Scotland Farm including much land to the west but the residential development and buildings were concentrated in that area immediately abutting Godshill village, including the application site.

DETAILS OF APPLICATION

The application is submitted in outline form and seeks permission for the demolition of the redundant farm buildings and the development of a continuing care community. Siting and means of access are included for consideration in the proposal.

In summary, the proposed facilities include:

50 bed en-suite nursing care home

This part of the facility would provide elderly care, dementia care, intermediate care, respite care and palliative care. The care home would also include residents’ lounges, informal meeting areas and dining areas.

68 close care units and 26 close care apartments

This part of the facility would provide extra care facilities to residents to maintain a significant degree of independence in individual units of accommodation. Ten of the 94 units proposed would be provided for the South Wight Housing Association.

A site manager’s accommodation and four staff flats

Social and general health care facilities

These would include:

Reception area/offices

Sitting areas

Coffee shop

Restaurant

Lounge

Shop and hair salon

Spa and physiotherapy

Gym and health fitness suite

Library

Computer room

Room for gatherings/meetings/functions

Art/craft room

Visiting doctors/consultants room

Community health care

Creche

Management office

Interview and meeting room facilities

Staff facilities

Kitchens

Laundry.

External facilities

These would include:

Sensory garden

Petanque Court

Community Garden

Allotment garden

Public green/landscape greens

Exercise walk

Residents parking

Visitor parking

Staff car parking

The proposed site layout plan indicates:

Vehicular access being achieved directly off Yarborough Close between 24a and 26 Yarborough Close (currently occupied by the redundant agricultural building).

The construction of the care complex and the social and health facilities in a cruciform shape in the western part of the site.

The construction of a series of close care units and apartments in courtyards with associated car parking facilities.

Various open areas, a petanque court and walkways within the site.

The application is accompanied with details of its proposed operation should planning permission be forthcoming. It is identified that the focus of the site is based on a continuing care community which would provide care in a way which responds to changing care needs and expectations. The proposal has been developed in consultation with key health and care authorities on the Island including the Isle of Wight NHS Primary Care Trust, and the Council’s Director of Adult & Community Services. These are detailed later in this report.

The application is accompanied by a detailed submission from planning consultants indicating how the applicant proposes to put in place effective means of controlling and regulating the development to ensure that it operates as intended. It is indicated that:-

· All qualifying residents must be in need of care. All care needs assessments will be required from an independent source prior to acceptance of residency.

· Occupancy will be restricted to persons who are 60 and over, except occupation by a spouse or partner under the qualifying age if living with the person requiring appropriate care.

· The continuing care community will be maintained in perpetuity - a variety of types of tenure will be offered, but in all cases on termination of occupation the units shall be surrendered to the operator.

· The nursing care home and extra care accommodation shall be maintained as a single planning unit, and sub-division and/or separation will not be permitted.

· A green travel plan would be prepared and implemented.

· A detailed management plan would be prepared and agreed with the Council to include: -

— preparation, monitoring and implementation of care plans

— all qualifying residents will have access to care packages

— the operator would work with Health & Social Services authorities on the Island to provide long-term care contracts

— allocation of extra care units to individual tenants.

DEVELOPMENT PLAN/POLICY

Outside designated development envelope on Godshill inset of Unitary Development Plan (Development boundary runs along eastern and north boundaries of the site) western boundary is shown on UDP Plan as a former railway and Policy TR1 8 applies.

Cl Protection of Landscape Character

G1 Development Envelopes

G5 Development Outside Defined Settlements

Dl Standards of Design

D2 Standards for Development within the Site

D3 Landscaping

D11 Crime and Design

H9 Outside Development Boundaries

H15 Rural Exceptions

U3 Appropriate Location of Education, Community, Social, Health and Welfare facilities and the Promotion of Sharing and Dual Use

U9 Residential Care and Nursing Home Accommodation

PPG3 - Housing addresses the need to create mixed communities of type and size of housing to be built; the more efficient use of appropriate land, development linked to public transport and sustainable residential environments. Site is not within an area of outstanding natural beauty nor is it one designated as a site of special scientific interest or one of importance to nature conservation.

CONSULTEE RESPONSES

Southern Water have undertaken a sewer capacity check. There is sufficient foul sewer capacity to serve the site.

Environment Agency confirms no objection subject to conditions. Environmental Health Officer/Contamination recommends conditions if approved.

County Archeologist recognizes that archaeology is likely to be found on this site and could be of regional and local importance but recommends conditions if approved.

PARISH/TOWN COUNCIL COMMENTS

Godshill Parish Council support the proposal but question the suitability of the means of access to the site.

THIRD PARTY REPRESENTATIONS

Isle of Wight NHS Primary Care support the development based on the principle of independence stating that the development fits with NHS doctrine regarding elderly health care and provides much needed accommodation of this type thus relieving pressure on hospital services.

NHS (St Mary’s Close) supports the development as it helps to prevent bed blocking.

South Wight Housing Association support indicating that discussions have taken place with regard to the provision of affordable housing as part of the provision.

Nine letters of support from local and Isle of Wight resident applauding the diversification of the type of care accommodation, stating that examples exist elsewhere and that this is the best way forward thus filling a gap in the provision of health care for the elderly.

Twelve letters of objection from local residents on grounds of inadequate access from Yarborough Close, to pedestrians, cyclists and children; creating congestion in Yarborough Close especially with the doctor’s surgery. Creation of a precedence for developments outside the development envelopes; visual impact; light and noise pollution; adverse effect on ecology; overburdening the infrastructure; loss of high grade agricultural land; inadequate drainage. Some writers suggest that access would be better off West Street.

Island Watch object on grounds of development outside the development envelope, creation of a population imbalance in Godshill, that the employment created is not the type of jobs that which are required.

CRIME AND DISORDER IMPLICATIONS

Relevant officer has been given the opportunity to comment but at the time writing no observations have been received. It is not anticipated that objections on crime and disorder would be forthcoming but comments on the detailed design may be appropriate at detailed stage in the event that this application is successful.

EVALUATION

The application raises several complex matters. In your officer’s opinion there are four main issues central to the determination of this application as follows:

1. National and local planning policies

2. The sustainability of the site and the use proposed

3. The nature and extent of the health care facilities incorporated into the proposed development

4. The impact of the proposed development on the capacity and safety of the junction between Newport Road and Yarborough Close.

Other factors which are material to the determination of the application include the impact of the development on the amenities of surrounding properties, its impact on rights of way, the impact of the proposal on the general setting and appearance of Godshill in the wider landscape, and the employment generated. These various issues are addressed below.

National and local planning policies

The application site is adjacent to, but outside the designated development envelope of Godshill as identified in the Inset Map T of the Unitary Development Plan. As such the proposal is contrary to Strategic Policies 1, 2 and 3 of the Unitary Development Plan. In summary these strategic policies indicate that new development will be concentrated within existing urban areas (SI), will be encouraged on previously developed land (S2) and that new developments of a large scale will be expected to be located in Cowes/East Cowes, Newport, Ryde and Sandown/Shanklin (S3).

In detailed policy terms the application site conflicts with Policy G1 (it is outside the Godshill development envelope) and does not comply with the various types of development which may exceptionally be permitted outside the defined settlements boundaries (Policy G5).

In more general policy terms, Policy U9 of the Unitary Development Plan sets out that the development of new elderly persons’ accommodation, nursing homes and mental care homes will not be approved unless a variety of criteria are satisfied as follows:

(a) they are of a size which can be assimilated into the locality

(b) reasonably level access is provided to and within the site

(d) There is on-site provision for parking and turning of staff and visitor vehicles

(e) There is easy access to public transport

(f) The site is within easy walking distance of the amenities of the settlement

(g) The building is fit for the purpose for the specific number of residents.

The proposal complies with criteria (b), (c), (d), (f) and (g) of this policy. In respect of criterion (a) (size — assimilation into the locality) the assessment of compliance is more subjective; and on the one hand is area of the site (3 hectares) is minor in relation to the area within the Godshill development envelope (xx hectares); on the other hand the potential occupancy of the development (approximately 250 persons) is significant in relation to the village population of 1,022. In respect of criteria (e) bus stops on Newport Road are approximately 200 metres (from Newport) and 300 metres (to Newport) from the entrance to the site.

Policies H9 and H15 of the UDP allow for some residential development outside development boundaries and locally affordable housing respectively. The application includes a limited degree of affordable housing. However, given the size of the development as a whole these policies should be given little weight.

Sustainability of the site and the use proposed

Strategy Policy S3 of the UDP indicates that major new development will be expected to be located in or adjacent the main Island towns where the principal services and infrastructure are located. The sustainability or otherwise of the site and the proposal are key factors, particularly given the size of the site and the number of journeys likely to be generated to and from the premises on a daily basis. In supporting information submitted with the application the applicant indicates that other locations have been considered including the Polars Care House, Staplers, Newport, the allocated housing site at Pan, and Whitecroft. It is indicated that the various sites are not wholly suitable for the type of facilities proposed at Godshill nor are they readily available. It is clear that the Godshill site is not as sustainable as would be a location in one of the Island’s larger towns. Nonetheless, the applicant indicates that the proposed facility is intended to serve the whole of the Island’s elderly community and that Godshill is centrally located within the Island with particularly good accessibility to Newport and Sandown/Shanklin. Similarly, the village is situated on a principal bus route.

In recognition of these various matters, the applicant has submitted a draft Travel Plan setting out an overview of proposals to regulate and control travel movements to the site. The site would be provided with its own 17 seat minibus (equipped with a tail lift facility) based on the site with a dedicated driver. It is also envisaged that a people carrier-type vehicle would be available. The minibus will collect and deliver staff on a round trip basis, and will make daily visits to town centres, and regular visits to other facilities such as hospitals, retail outlets, churches etc. It is also proposed to make available a selection of pooled cars and electric buggies for short journeys (eg. into Godshill).

The nature and extent of health facilities offered

The basis of the proposal has already been set out in the Details of the Application. The type of care facility proposed on the site is relatively new within the UK, and the development is based on the Joseph Rowntree Foundation scheme at Hartrigg Oaks, York. In effect the concept of a continuing care facility incorporates individual residential/care units with a care home and all other facilities both operationally and legally. The site would provide:

· opportunities for older people to lead full and active lives knowing that care support is at hand if required.

· specially designed accommodation

· flexible levels of care

· dedicated residential and nursing care delivered either in residents own care accommodation or in the care homes

· provision of on-site respite care

· Access to a range of social, educational and recreational facilities.

The nature of the proposed use has attracted a high level of support from health organisations on the Island. The Isle of Wight NHS Primary Care Trust indicate that the proposal supports the wider policy of transfer of care from hospital in-patient settings to care in the community. Similarly, its development would be consistent with the planned reductions in acute hospital (St Mary’s) beds. The Isle of Wight Healthcare NHS Trust also supports the scheme, commenting that it would provide much needed nursing homes provision for the Island, and would prevent further bed blocking. The proposal has the support of the Council’s Strategic Director of Adult and Community Services.

In determining the application Members need to assess whether the specific nature and purpose of the proposal is sufficiently important to outweigh the planning policy and locational objections to the proposed development.

Capacity and safety of the junction of Yarborough Close and Newport Road

The proposed access into the site has been raised as an objection to the proposal by several local residents. A traffic assessment provided on behalf of the applicant concludes that there is sufficient capacity in the local highway network to cater for the development. This view is supported by the Council’s Highway Engineer. In recent discussions on the capacity of the junction of Yarborough Close and Newport Road to cater for the increased traffic which would originate from this proposed development, the applicant’s highways consultant and the Council’s Highways Engineer have agreed for the need for a right hand turn lane into Yarborough Close in the event that permission is forthcoming.

Impact on surrounding properties

A detailed layout is submitted with the application, which seeks permission for the siting of the various facilities and accommodation in the site. In general terms the proposed development will not have an unacceptable impact on the amenities of surrounding properties. Typically, there is a distance of 12 to 15 metres from the rear of properties in Yarborough Close to the rear of the proposed close care accommodation units in the eastern part of the site. The equivalent distance is 18 metres between the properties in the northern part of the site to the rear of adjacent properties in Dubbers (le to the north of the site). This impact will be further reduced given the limited height of the individual units of accommodation. The care homes and social and health facilities are located to the west of the site, and will be a considerable distance from existing properties.

Impact on rights of way

A bridleway (GL23) runs adjacent to the eastern boundary of the site, linking Dubbers with West Street (to the south). Another bridleway (GL22) passes from West Street to the former railway station, although this is unaffected by the proposed development. The route of the former railway line forms the western boundary of the site. Policy TR18 of the UDP indicates that this and other railway lines should be safeguarded from development to allow their use for sustainable transport purposes. In the event that Members were minded to approve the proposal conditions could be imposed on the consent to control the realignment of GL23, and to safeguard the western extremity of the site in accordance with Policy TR1 8. Whilst it may be possible to incorporate some form of access through the south west corner of the site onto GL22, this would be impractical to achieve by way of condition.

Impact of proposal on the setting and appearance of Godshill

The application site is not immediately visible within the village. It is not easily visible from Newport Road whether approaching the village from the north or from the south towards West Street. In a wider context the site is open and exposed to the west, and significant landscaping will be required to reduce an otherwise stark impact from the open countryside. In more localised terms, the proposed demolition of the redundant agricultural buildings of Yarborough Close to facilitate access into the site will improve the amenities of properties in that immediate locality. This will be enhanced by the creation of open spaces both to the north and south of the proposed access.

Employment generation

In supporting information the applicant indicates that the proposed development will support in excess of 120 jobs, which will include managers, nurses, nursing auxiliaries, carers, administrators, domestics, drivers etc. It is indicated that experience would suggest that specialist/senior posts are filled from an Island-wide catchments. The majority of other jobs would be filled from a closer area. The on-site minibus would be available to transport staff to the site as part of the Green Travel Plan.

Summary

There are a wide range of policy and other material considerations for Members to consider in their determination of this proposal. Your officers suggest that the case is finely balanced. On the one hand the application site is located in the countryside and is contrary to strategic and detailed policies in the UDP. This in itself is sufficient to justify a refusal of the application. Similarly, whilst Godshill has a range of local facilities, it does not provide the range of services that are to be found in the four main urban centres on the Island. On the other hand the proposal is an innovative and well-designed scheme seeking to cater for older people on the Island in a community care setting and responding to the wider health care agenda being developed by health organisations on the Island. In this sense the scheme has attracted considerable support from the local community. There are no technical or site specific matters which would specifically prevent the development from coming forward in an acceptable way and within the context and fabric of Godshill in general, and the immediate locality in particular.

Having considered the various matters set out in this report your officers consider that there is merit in departing from policy and recommending the approval of the proposal. The scheme accords with the strategic approach of health authorities on the Island, and will create a continuing care community on the Island which will provide for the long-term need of elderly people in a creative and embracing way. To this extent the proposal is sufficiently important to be considered as an exception to normal policy considerations. The proposal could be appropriately incorporated into the Godshill environment and would have an acceptable impact on the amenities of local residential properties. Other strategic objectives such as the safeguarding of the former railway line would not be prejudiced by the development of the site. Detailed matters relating to the management and tenancy of the schemes, and off-site highway improvements could be covered by a Section 106 Agreement/unilateral undertaking.

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 (Rights to Peaceful Enjoyment of Possessions) of the European convention on Human Rights. The impact this development might have on the owners/occupiers of the other properties in the area and other third parties have been carefully considered. It is considered that the recommendation to approve is proportional to the social, health, related and economic benefits to the community and is in the wider public interest. Whilst the recommendation to approve is contrary to the site specific policies of the Council’s Unitary Development Plan the reasons for so departing are set out earlier in this report.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to the material considerations as

described above in the evaluation section it is felt that although this much needed facility is highly desirable in concept at, specification and layout, the site is not appropriate for this use due to its location, due to the scale envisaged and relationship with the village and other local services and that an exception to the normal constraint policies of development outside designated development envelopes and in the countryside is justified. The proposal would therefore be contrary to strategic and detailed rural development policies contained within the Isle of Wight Unitary Development Plan.

RECOMMENDATION – APPROVAL

The application is both a major application and has been advertised as a departure from the development plan. In these circumstances, and if a local planning authority is minded to approve the proposal, the application needs to be referred to the appropriate Government office.

In these circumstances it is recommended that the Government Office for the South East be advised that the Council is minded to APPROVE the application subject to the following legal agreement and conditions.

Legal Agreement to cover:

a) a detailed management plan on care facilities

b) age and occupancy controls

c) provision of affordable housing

d) preparation and implementation of Green Travel plan

e) off-site highway works

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), 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 the Site), D3 (Landscaping), TR7 (Highway Consideration for New Development) of the IW Unitary Development Plan.
4	The facilities associated with the continuing care community hereby approved (comprising associated specialist indoor facilities, health care consulting rooms, day care facilities, restaurant, creche and outdoor recreation/leisure facilities) shall be maintained in perpetuity in single ownership and shall not be sold or disposed separately in any way. Reason: The site is in a location where commercial enterprises for general public use would not be approved and where additional traffic supporting such activities would increase traffic levels to an unacceptable level and in accordance with Policies G1 and TR7 of the IOW Unitary Development Plan.
5	Details of roads, etc, design and constr - J01
6	Details of roads, etc, design and constr - J02
7	No dwelling shall be occupied until the parts of the service roads which provide access to it have been constructed, surfaced and drained in accordance with the approved plans/details which have been submitted to and approved by the Local Planning Authority. Reason: To ensure an adequate standard of highway and access for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
8	Visibility and sight lines - J20
9	Access - junction details - J36
10	The development shall not be brought into use until a vehicle parking layout consistent with the IW Unitary Development Plan Parking Guidelines has been provided within the curtilage of the site in a formal manner that shall be submitted to and approved by the Local Planning Authority and thereafter all of those spaces shall be kept available for such purposes. The agreed scheme shall be implemented before the development hereby permitted is brought into use.
11	No building hereby permitted shall be occupied until space has been laid out within the site, drained and surfaced in accordance with details that have been submitted to and approved by the Local Planning Authority in writing for cars and bicycles to be parked, for vehicles to be loaded and unloaded and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
12	No building hereby permitted shall be brought into use until highway improvements as described in Conditions 8 and 9 have been carried out in accordance with details to be submitted and approved in writing by the Local Planning Authority. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Consideration) of the IOW Unitary Development Plan)
13	Lorry routing - L19
14	The surfacing of the access from West Street, Godshill shall be maintained in a good state of repair and kept clear and free of mud and debris at all time until completion of the development hereby approved. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Consideration) of the IOW Unitary Development Plan)
15	Before any development commences, details of the arrangements to be made to ensure safe passage of construction traffic to include for improvement to the existing vehicular acres and haul road serving the site from West Street, Godshill shall be submitted to and approved in writing by the Local Planning Authority. All works included in the approved details shall be carried out before construction of the development hereby approved commences. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IOW Unitary Development Plan.
16	Highway safety - L18
17	No construction traffic associated with the development shall travel over Yarborough Close. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Consideration) of the IOW Unitary Development Plan)
18	Notwithstanding the provision of the Town & Country Planning (General Development) Order 1995 (or any order revoking or re-enacting that Order) no gates shall be erected without the prior written consent of the Local Planning Authority. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Consideration) of the IOW Unitary Development Plan)
19	Prior to commencement of any development hereby approved, details of the design, construction, surface water, drainage and signing and lining of a right turn lane plus all associated works within Newport Road, Godshill at its junction with Yarborough Close shall be submitted to and approved by the Local Planning Authority and the development shall not be occupied until the right turn lane has been provided and completed in accordance with the approved details. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Consideration) of the IOW Unitary Development Plan)
20	The staff flats hereby approved shall not be occupied other than by members of staff of the Continuing Care Community hereby approved. Reason: The site is in a location where residential development would not otherwise be approved and in accordance with Policies H4 and H9 of the IOW Unitary Development Plan.
21	No external lighting shall be installed or operated other than in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority. Reason: In order to minimise environmental pollution and in accordance with Policies C1 (Protection of Landscape Character) and P1 (Pollution and Development) of the IOW Unitary Development Plan.
22	Foul drainage - V24
23	Withdraw PD rights alterat/extens/etc - R02
24	The bungalows hereby approved shall not be enclosed by hedges, walls or fences and no individual curtilages shall be formed without the prior written consent of the Local Planning Authority.
25	The route and corridor of the former railway line abutting the western boundary of the site shall be kept clear in its entirety and segregated from the site with a boundary fence and/or hedge details of which shall be submitted to and approved by the Local Planning Authority prior to the commencement of any development on site. The agreed means of segregation shall be carried out prior to the development hereby approved being brought into use. Reason: In the interests of the amenities of the area and in the interests of maintaining a clear route for sustainable transport and in accordance with Policy C1 (Protection of Landscape Character) and Policy TR18 (Railway Lines and Former Railway Lines) of the IOW Unitary Development Plan.

TCPL/21027/B P/02088/04 Parish/Name: Shalfleet Ward: Shalfleet and Yarmouth

Registration Date: 01/10/2004 - Full Planning Permission

Officer: Miss. S. Wilkinson Tel: (01983) 823566

Applicant: Ms R Nihell

Conversion of garage into unit of holiday accommodation, (revised scheme)

Brookside Cottage, Main Road, Ningwood, Newport, Isle Of Wight, PO304NW

Joint Report - See LBC/21027/C

Conditions/Reasons:

1	Time limit - full - A10
2	Notwithstanding the details on the submitted plans, no development shall take place until samples of materials to be used in the construction of the external surfaces, windows and doors of the development hereby approved have been submitted to and approved in wiring by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interest of the amenities of the area and to comply with Policy D1 (Standards of Design) and B2 (Setting of Listed Buildings) of the IOW Unitary Development Plan.
3	The doors and ?? [door/window]?? frames of the building shall be constructed of timber and shall be painted and thereafter maintained to match those of the existing building. Reason: To protect the character and appearance of the existing building and to comply with policies B1 to B8 (Listed Buildings and Conservation Areas) of the IW Unitary Development Plan.
4	Development hereby approved shall be used solely as ancillary accommodation to the main dwelling and bed and breakfast use therein. Reason: The unit of accommodation is not of a satisfactory standard or in a satisfactory position in relation to the main house to be occupied separately and would not comply with D1 (Standards of Design) of the IOW Unitary Development Plan.
5	The unit of holiday accommodation hereby approved shall not be sold off, leased or otherwise disposed of separately but shall be retained in one ownership with the dwelling house known as Brookside Cottages unless the prior consent of the Local Planning Authority is obtained. Reason: The unit of accommodation is not in a satisfactory position in relation to the main dwelling to be occupied separately and would not comply with Policy D1 (Standards of Design) of the IOW Unitary Development Plan.

LBC/21027/C P/02304/04 Parish/Name: Shalfleet Ward: Shalfleet and Yarmouth

Registration Date: 02/11/2004 - Listed Building Consent

Officer: Miss. S. Wilkinson Tel: (01983) 823566

Applicant: Mr R Nihell

LBC for conversion of garage into unit of holiday accommodation (revised scheme)

Brookside Cottage, Main Road, Ningwood, Newport, Isle Of Wight, PO304NW

REASON FOR COMMITTEE CONSIDERATION

Report requested by local Member, Councillor Mrs Butchers as she is not prepared to agree to the application being dealt with under the delegated procedure for the following reasons:

· Inconsistency with other decisions in the area - detached annexes previously refused.

· Garage is detached from main house and she is concerned that it may be difficult to resist separation at a later date.

PROCESSING INFORMATION

This is a minor application, the processing which has gone beyond the prescribed eight week period for determination of planning applications due to case Officer work load and the need for Committee consideration.

LOCATION AND SITE CHARACTERISTICS

Brookside Cottage is located on Main Road, Ningwood, 200 metres west of the junction with Station Road. The surrounding residential development is sporadic with a farm to the west and nursery to the east. Brookside Cottage is a Grade II Listed Building currently run as an AA Registered Bed and Breakfast. The rear boundary of the site is separated from the fields to the south by tributaries of the Ningwood Lake designated as a main river line by the Environment Agency.

RELEVANT HISTORY

TCP/21017/A - An application was refused in July 2004 for the conversion of garage into unit of holiday accommodation and two storey extension to form replacement garage and additional holiday accommodation. The reasons for refusal were directly related to the impact of the extension on the Listed Building and possible impact on the water course and not in relation to the change of use. The proposal was at that stage contrary to specific policies B2 (Setting of a Listed Building) and G6 (Development Areas Liable to Flooding) of the IOW Unitary Development Plan.

DETAILS OF APPLICATION

Consent is sought for Listed Building Consent and Planning Permission for the conversion of the garage into a unit of holiday accommodation. The garage is currently attached to the main house with a wall that also falls within the listing. The existing garage has a painted green up and over door with dark stained boarding to the front gable. The application involves the removal of the existing garage door and its replacement with two windows to the front elevation and a door within the rear. The proposal would provide a self contained holiday unit in connection with the operation from the main dwelling house of a Bed and Breakfast facility.

DEVELOPMENT PLAN/POLICY

Site is located outside the development envelope as defined on the Isle of Wight Unitary Development Plan. Relevant policies of the plan are considered to be as follows:

S4 – The countryside will be protected from inappropriate development.

S6 – Development will be expected to be of a high standard of design.

G1 – Development Envelopes for towns and villages.

G4 – General Locational Criteria.

G5 – Development outside defined settlements

G6 – Development in areas liable to flooding.

D1 – Standards of Design

D2 – Standards of Development within the site.

B2 – Settings of Listed Buildings.

C1 – Protection of Landscape Character

C17 – Conversion of Barns and other rural buildings.

T1 – The implementation of Tourism and the extension of the sea

T3 – Criteria for Development to Holiday Accommodation

TR7 – Highway Consideration for new development

CONSULTEE RESPONSES

The Environment Agency placed an initial holding objection in relation to the extension on grounds of insufficient information in order to assess its impact on the tributaries of the Ningwood Lake. However, following discussions to clarify that the current application involved no extension and a pure change of use, the holding objection was removed and a subsequent letter sent confirming no objection to the proposal.

The Area of Outstanding Natural Beauty Partnership submitted no comment.

Highway Engineer recommends conditions should the application be approved.

PARISH/TOWN COUNCIL COMMENTS

Shalfleet Parish Council objected on grounds that can be summarized as follows:

· Contrary to Village Design Statement

· Concerns about access

· Loss of privacy for neighbouring property

THIRD PARTY REPRESENTATIONS

One letter of objection was received from neighbouring property with grounds for objection which can be summarized as follows:

· Noise

· Increase in traffic

· Does not comply with Ningwood Village Design Statement “green gaps” specifically.

CRIME AND DISORDER IMPLICATIONS

No crime and disorder implications are anticipated.

EVALUATION

Determining factors in considering this application are whether the provision of rural tourism on an established tourist site is in line with policies set out in the Unitary Development Plan.

This application follows a refusal on the same site for a conversion of a garage into a unit of holiday accommodation and two storey extension to form replacement garage and additional holiday accommodation. The application was refused due to the impact of the extension on the setting of the Listed Building and insufficient information for the Environment Agency to fully assess the application.

The current application under consideration has removed the extension element in order to overcome both objections. The Environment Agency did place a holding objection on the application for lack of information in regards to the impact of construction works on the nearby tributary of the Ningwood Lake. However, following confirmation that the building was to now only be converted and not extended they removed the objection.

Brookside Cottage is a Grade II Listed Building. In the previous application Conservation Officer raised concern that the size of the extension increased the visual dominance of the garage affecting the setting of the Listed Building as it would have the appearance of a separate unit rather than an ancillary outbuilding. The simple conversion of the garage and inclusion of windows replacing the up and over garage door with matching materials will retain the appearance of an outbuilding in connection with the main dwelling house. Although we would not encourage the change of use of outbuildings within isolated rural locations for self contained units, in this instance there is already a bed and breakfast business (AA registered) run from this site and the garage is within close proximity to the main house attached by a boundary wall, thus making sub-division more difficult. However, any approval can be conditioned accordingly to retain the unit with the main dwelling house known as Brookside Cottage.

Concerns have been raised in relation to noise, linked with both the possible increase in traffic and additional visitors. Due to the size of the unit and nature of its occupancy, it is unlikely increases in noise and traffic would be significant enough to cause unacceptable disturbance to neighbouring and surrounding properties.

The Ningwood Village Design Statement discusses the protection of “green gaps” between and within settlements, concerns have been raised that the proposal would impact on green gaps. However, as there is no new building proposed I do not feel that there would be any works contrary to those policies within the Ningwood Village Design Statement or the Unitary Development Plan.

Additional concerns have been raised regarding the access to the site, however, conditional approval has been suggested by Highway Engineer.

Objections have also been raised in regards to loss of privacy to the neighbouring property. However, the site is surrounded by extensive natural growth and boundary treatment and with all windows at ground floor level, no overlooking or loss of privacy is anticipated.

An application for the conversion of a garage to form a holiday unit without any other business use on site would not necessarily be supported. However, in this instance having regard to the existence of a business use on site, policies favour the extension of that use in order to attract more visitors and make a positive contribution to the rural economy.

Policy T3 (Criteria for Development of Holiday Accommodation) and Policy T9 (Small Scale rural tourism development) are particularly relevant to the current proposal and clearly indicate that the development of holiday accommodation will be acceptable in principle where, it is associated with another established holiday accommodation use. Within Policy T9 (c) allowance in made for the change of use of suitable residential properties in the countryside to hotels, restaurants or hostels. In this instance, as an establish bed and breakfast is operated from the site, the change of use of associated garage would improve the present level of accommodation available on site, making best use of available buildings on site to extend the holiday season.

When considering all relevant policies within the Unitary Development Plan and fully assessing the impact of a change of use of this nature, I consider that due to the existing bed and breakfast use on site and the degree to which the existing garage is connected to and associated with the main house, subdivision is unlikely and as such is in compliance with policies within the Unitary Development Plan, I consider the application to be acceptable having a minimal impact on the surrounding area and neighbouring property.

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, I am of the opinion that, due to the established AA registered bed and breakfast accommodation on site, the conversion of the garage, attached to the main dwelling house by way of a Listed boundary wall, would comply with policies set out within the Isle of Wight Unitary Development Plan. This weighed with the need and demand for additional tourist accommodation and the importance of tourism to the Island’s economy, the proposal is considered to be acceptable.

RECOMMENDATION – Approval

Conditions/Reasons:

The works hereby authorised shall be begun not later than 5 years from the date of this consent.

Reason: As required by Section 18 Planning (Listed Buildings and Conservation Areas) Act 1990.

Notwithstanding the details on the submitted plans, no development shall take place until samples of materials to be used in the construction of the external surfaces, windows and doors of the development hereby approved 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 interest of the amenities of the area and to comply with Policy D1 (Standards of Design) and B2 (Setting of Listed Buildings) of the IOW Unitary Development Plan.

TCP/22670/D P/01656/04 Parish/Name: Seaview Ward: Seaview & Nettlestone

Registration Date: 06/08/2004 - Full Planning Permission

Officer: Mr. A. White Tel: (01983) 823550

Applicant: Westridge Racing

Provision of 5 lighting columns 8.0m high for go-kart track (revised scheme)

land adjacent Westridge Leisure Centre, Brading Road, Ryde, PO33

REASON FOR COMMITTEE CONSIDERATION

The local Member, Councillor Barry, has requested that this application is reported to Committee owing to the nature of application and public concern.

PROCESSING INFORMATION

This is a minor application, the processing of which has taken 28 weeks to date and has gone beyond the prescribed 8 week period for determination of planning applications owing to protracted negotiations with applicant and the heavy workload of Development Control Officers.

LOCATION AND SITE CHARACTERISTICS

Site is situated behind Westridge Leisure Centre, immediately south of Cothey Bottom Copse and is currently being developed with an outdoor go-karting facility.

Area is characterized by mixed use development comprising of Westridge Leisure Centre itself, Golf Club, Tesco, industrial and residential at Bullen Village. The latter being situated some 200 metres away in a northwesterly direction.

RELEVANT HISTORY

TCP/22670/C – P/2500/03 – Use of land for outdoor go–kart track with building to provide café and associated facilities; storage building and workshop. Land to rear of Westridge Leisure Centre. Consent granted subject to a Section 106 Agreement in respect of a financial contribution in June 2004 in respect of double glazing provision at Westridge Centre Offices.

DETAILS OF APPLICATION

Consent is sought for a lighting scheme to be operated in conjunction with the go-karting track. Members are reminded that the track is subject of a condition in respect of operating hours stating that karts should only be used on the premises between 09.00 hrs and 21.00 hrs.

This application is subject of a revised scheme. The latest plans show 5 x 8 metre high flood lights columns supporting a total number of 13 light heads. Three columns, comprising of nine light heads, would be situated adjacent the north east boundary which divides application site from adjoining woodland and fields. The two other columns would be situated in a more central position on the inside of the track and would support four light heads.

Proposed scheme has been designed by a specialist company with brief of concentrating as much light as possible onto the target area. Each light fitting would offer 1kW of power. The wattage dictates the number of lights and height of columns. Revised plans show that light heads would now face away from the settlement of Nettlestone and Seaview. All lights are now shown to face towards the back of Westridge Leisure Centre or thereabouts.

Proposed columns resemble typical lamp posts with a galvanised finish.

DEVELOPMENT PLAN/POLICY

Site is situated outside any development envelope boundary as defined on the IOW Unitary Development Plan (UDP), but is specifically allocated as a Tourist Development Area. The following policies are considered to be relevant:

S4 – The Countryside will be protected from inappropriate development

S6 – All development will be expected to be of a high standard of design

G1 – Development envelopes for towns and villages

G4 – General Locational criteria for development

G5 – Development outside defined settlements

D1 – Standards of Design

D2 – Standards for development within the site

D14 - Light Spillage

L2 – Formal recreation provision

T1 – Promotion of tourism and extension of season

T2 – Tourism related development

T7 – Site suitable for tourism related development

CONSULTEE RESPONSES

None.

PARISH/TOWN COUNCIL COMMENTS

Seaview Parish Council express concern on grounds that lighting in this area is a contentious issue and that the original plans for lighting contained within the banking appeared to be far more 'environmentally friendly'.

THIRD PARTY REPRESENTATIONS

Two letters have been received from Seaview residents who object on grounds of light pollution and that siting columns on ridge would impact on landscape character.

CRIME AND DISORDER IMPLICATIONS

No crime and disorder implications are anticipated.

EVALUATION

Members will be aware that consent has recently been granted for an outdoor go-kart track and that work is now well underway with anticipated completion date of April 2005. In order to maximize the recreation and tourism benefits of this facility, the applicant proposes a lighting scheme so that the track can be used during winter evenings and darker conditions.

Although outside of the development envelope boundary for Ryde as identified on the UDP, policy G5 does allow for small scale development ancillary to tourist and recreational development. More specifically, D14 refers to external lighting and states that the following, amongst others, should be considered:

· Lighting scheme is minimum required for the task

· Light spillage is minimized, particularly skywards

· Screened from view from neighbouring countryside.

· Designed so as not to unreasonably affect neighbouring properties.

The proposed scheme has been examined thoroughly to ensure that it strikes the balance of providing minimum lighting required for the task, without impacting unduly on neighbouring property occupiers or surrounding area in general through light spillage or visual intrusiveness. It was suggested to applicant that he consider reducing light columns to ensure that the proposed scheme would be totally shielded by adjoining trees. However, lowering columns to 6 metres would have entailed using 400 watt bulbs in order to minimise glare to drivers. This would have necessitated some 22 light fittings. This, in my view, would have resulted in over proliferation of lights on this site.

With this in mind, the agent maintained his proposal for 5 x 8 metre high columns but has reconfigured the scheme so that lights would not face in the Seaview/Nettlestone direction. Furthermore, detailed sections have been submitted showing that the highest part of certain columns would be almost level with or slightly lower than the adjoining tree line at Cothey Bottom Copse.

Proposed lighting is shown as being directed downward onto the target area thereby not spilling significantly beyond the perimeter of the site or skywards. This is achieved through setting light head at a certain angle, incorporating light shields and a symmetric reflector. Site is also well separated from nearest residential properties either by woodland, field or adjoining employment site. Any spillage, therefore, would not, in my opinion, impact significantly, if at all, on nearby residents. In terms of visual impact of lights and associated columns, given the revised orientation of light heads, intervening natural growth, relatively high ambient light level in the area and appropriate condition restricting hours of use, it is my view that the proposed lights would no be visually intrusive in the landscape.

Taking the above points into consideration, it is felt that the level of lighting proposed is reasonable, necessary and minimum required for its intended purpose, and that the resultant impact through spillage or visual impact would not be significant. Accordingly, proposal accords with UDP policies, particularly G4, D1, D2, D14 and C1.

HUMAN RIGHTS

JUSTIFICATION FOR DECISION

Having given due regard and appropriate weight to all material considerations referred to in this report, I consider that lighting scheme as an ancillary development to approved go-karting track is acceptable in principle. Following submission of revised and additional information, I am also satisfied that proposed lighting scheme, being the minimum required for the go-karting track, would have few implications in terms of light spillage and would not be excessively intrusive in the surrounding landscape, either in hours of daylight or darkness. Accordingly, proposal accords with UDP policies.

RECOMMENDATION - Approval (Revised scheme)

Conditions/Reasons:

Time limit - full - A10

The lighting scheme hereby approved shall only be operated between 09.00 hrs and 21.00 hrs daily.

Reason: In the interests of the amenities of the area and to comply with Policies G4 (General Locational Criteria for Development), D1 (Standards of Design), D2 (Standards for Development within the site) and D14 (Light Spillage) of the IOW Unitary Development Plan.

There should be no alteration to the lighting scheme or levels of illumination hereby approved without the express written consent of the Local Planning Authority.

TCPL/23329/H P/01917/04 Parish/Name: Cowes Ward: Cowes Castle East

Registration Date: 09/09/2004 - Full Planning Permission

Officer: Mr. A. Pegram Tel: (01983) 823575

Applicant: Mrs P Lewington

Construction of yacht haven & town pier

section of foreshore between The Royal Yacht Squadron and opposite the bandstand, The Parade, Cowes, PO31

See joint report under reference LBC/23329/J.

Conditions/Reasons:

1	Time limit - full - A10
2	Prior to any work commencing on site, a full method statement providing details of the timescales for carrying out of the operations, the means of construction, delivery and storage of materials and measures to be implemented to ensure stability of the sea wall has been submitted to and approved by the Local Planning Authority. Thereafter, works shall be carried out strictly in accordance with the agreed method statement. Reason: In the interests of the amenities of the area and the nearby residents and to minimise disturbance to the candidate special area for conservation in accordance with Strategic Policy S10 (Designated and Defined Areas) and Policies D1(Standard of Design) and P5 (Reducing the Impact of Noise) of the Isle of Wight Unitary Development Plan.
3	No development shall take place until a full schedule of materials and finishes, including the colour of the access bridge to the haven and town pier and concrete colour to be used in the construction of the development hereby permitted has been submitted to and approved in writing by the Local Planning Authority. Thereafter, development shall be carried out and maintained in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with Strategic Policy S10 (Designated and Defined Areas) and Policies G4 (General Locational Criteria for Development), D1 (Standards of Design), B2 (Settings of Listed Buildings) and B6 (Protection and Enhancement of Conservation Areas) of the Isle of Wight Unitary Development Plan.
4	Prior to commencement of any construction works at the site, a programme of measures aimed at mitigating the impact of construction traffic and requiring delivery by sea wherever possible, including details and times of vehicle movements shall be submitted to and approved by the Local Planning Authority. Thereafter, the delivery of materials and construction of development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area, nearby residents and highway safety and to comply with Policies D1 (Standards of Design), TR7 (Highway Considerations for New Development) and P5 (Reducing the Impact of Noise) of the Isle of Wight Unitary Development Plan.
5	Unless the prior approval of the Local Planning Authority is obtained in writing, works of construction at the site, other than delivery of materials, shall only be carried out between 0700 hours and 2000 hours Monday to Friday, 0700 hours and 1800 hours on Saturdays and not at all on Sundays and recognised bank holidays. Reason: To restrict to a minimum the possible noise nuisance from the proposed works and comply with Policies D1 (Standards of Design) and P5 (Reducing the Impact of Noise) of the Isle of Wight Unitary Development Plan.
6	Prior to any construction work commencing on site, a schedule of noisy operations proposed to be carried out at the site shall be submitted to and agreed by the Local Planning Authority. Thereafter, those specified noisy operations shall only be carried out during the period 0900 hours and 1700 hours Monday to Friday and not at any other time, unless agreed in advance by the Local Planning Authority. Reason: To restrict to a minimum the possible noise nuisance from the proposed works and comply with Policies D1 (Standards of Design) and P5 (Reducing the Impact of Noise) of the Isle of Wight Unitary Development Plan.
7	Prior to work commencing on site, details of all lighting, including navigation lights, to be installed/erected on the haven and town pier hereby approved shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, only such approved lighting shall be installed/erected on the facilities unless otherwise agreed in writing with the Local Planning Authority. Reason: In the interests of the amenities of the area and to comply with Strategic Policy S10 (Designated and Defined Areas) and Policies G4 (General Locational Criteria for Development), D1 (Standards of Design), D14 (Light Spillage) and B6 (Protection and Enhancement of Conservation Areas) of the Isle of Wight Unitary Development Plan.
8	No fuel shall be stored at, or refueling take place within, the haven or at the town pier, unless required in the event of an emergency. Reason: To avoid possible pollution and to safeguard the interests of nature conservation in the area and to comply with Policies P1 (Pollution and Development), P2 (Minimise Contamination from Development), C8 (Nature Conservation as a Material Consideration), C9 (Sites of International Importance for Nature Conservation) and C10 (Sites of National Importance for Nature Conservation) of the Isle of Wight Unitary Development Plan.
9	Prior to any work commencing on site, a scheme for the provision of CCTV cameras and lockable gates, or such other methods considered appropriate to prevent unauthorised access to the haven and town pier from the shore, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out and thereafter retained and maintained in accordance with the approved details. Reason: To reduce the opportunities for crime and to comply with Policy D11 (Crime and Design) of the Isle of Wight Unitary Development Plan.
10	Within two years of the date of work commencing on the formation of the haven, work shall have commenced and be substantially completed in respect of the provision of the town pier, unless otherwise agreed in writing with the Local Planning Authority. Reason: In the interests of improving public access to the waterfront and to comply with the aims of the Cowes Waterfront Supplementary Planning Guidance.

LBC/23329/J P/01921/04 Parish/Name: Cowes Ward: Cowes Castle East

Registration Date: 09/09/2004 - Listed Building Consent

Officer: Mr. A. Pegram Tel: (01983) 823575

Applicant: Mrs P Lewington

LBC for construction of yacht haven & town pier

section of foreshore between The Royal Yacht Squadron and opposite the bandstand, The Parade, Cowes, PO31

REASON FOR COMMITTEE CONSIDERATION

Although falling into the category of a minor application, this proposal raises a number of significant issues to be considered and has attracted a high level of public interest, both in support of and objecting to the development.

PROCESSING INFORMATION

This is a minor application, the processing of which will have taken 23 weeks to the date of the committee meeting. The processing of the application has gone beyond the prescribed 8 week period for the determination of planning applications due to the need to obtain responses from all consultees and case officer workload.

LOCATION & SITE CHARACTERISTICS

Application relates to area of foreshore at north western end of The Parade and in front of the Royal Yacht Squadron. The majority of the works will take place below mean low water. The yacht haven facility would be accessed from the existing walkway in front of the Royal Yacht Squadron premises and the town pier from existing flight of steps off The Parade.

The majority of the work and, in particular, the yacht haven would fall within the area considered to be part of the setting of Cowes Castle (Royal Yacht Squadron premises) which is a Grade II* listed building. In addition, proposal would necessitate works to the steps in front of the property which are also considered to form part of the listing as curtilage structures. Cowes Castle occupies an elevated position above the foreshore and forms a landmark building, particularly when viewed from the sea.

RELEVANT HISTORY

TCP/11829/C/5456 – Planning permission refused May 1967 for construction of a pier and pontoon opposite the Gloster Hotel, The Parade on grounds that the proposal would be seriously detrimental to the amenities and character of the immediate neighbourhood. The pier/pontoon was shown on submitted plans to be roughly L shaped projecting some 36 metres from the sea wall.

TCP/11829A/C/6040 – Planning permission approved August 1968 for construction of jetty, mooring pontoons and ramp at The Parade. The structure was shown on submitted plans to be F shaped projecting approximately 40 metres from the sea wall.

TCP/11829B/C/8001 – Planning permission refused September 1972 for construction of a pier and pontoon on grounds that proposal would be detrimental to visual amenities of the area. Submitted plans showed walkway projecting from Parade giving access to relatively substantial landing stage with overall length of approximately 50 metres.

TCP/11829C/M/414 – Outline planning permission for pier conditionally approved April 1986. although seeking outline consent only, siting and means of access were considered and plans which accompanied submission showed structure virtually identical to that previously refused

comprising walkway from Parade providing access to relatively substantial landing stage having overall length of approximately 50 metres.

In addition to planning applications detailed above, Cowes Castle has been subject to number of planning applications and applications for Listed Building Consent in respect of alterations and extensions, although none are considered to be relevant to the current proposal.

DETAILS OF APPLICATION

Current proposal effectively involves two elements, a yacht haven and what is referred to as the town pier.

The haven would be formed through the construction of an L-shaped breakwater constructed of concrete blocks with moulded masonry lines to match the existing harbour walls, which contain cut and dressed stonework, and moulded concrete. Rock armour would be placed on the exposed outer face of the breakwater which would be graded half to three tonne rock of similar bulk to the existing foreshore. Information which accompanies the submission indicates that this would be imported durable breakwater rock, for example granite or hard limestone. The breakwater will extend a maximum distance of 80 metres from the foreshore and would enclose an area of sheltered water amounting to approximately 3000 square metres.

A set of steps, known as the Royal Yacht Squadron steps, lead out from the harbour parade wall, over the foreshore and continue below the water line. These steps presently have a length of approximately 53 metres and extend into the area which is to be dredged in the formation of the haven. Therefore, whilst the upper section of these steps will remain for a distance of approximately 32 metres, the lower section, the majority of which generally lies below mean low water will need to be removed. These steps are considered to form part of the curtilage to Cowes Castle and, as such, form part of the listing.

It is understood that the haven would provide mooring facilities for the launches operated by the Royal Yacht Squadron and will facilitate the installation of three pontoons capable of accommodating around a dozen boats 40 feet in length. Access to the pontoons would be provided from the existing walkway in front of Cowes Castle by means of an access bridge. A turret feature and navigation lights would be located on the outer end of the breakwater. The turret section was originally intended to echo the castle battlement as well as protecting and signaling the haven entrance.

The town pier would be created by positioning a floating pontoon with length of approximately 80 metres roughly parallel to the foreshore at a distance of approximately 42 metres from the sea wall. This pontoon would be anchored to the seabed using cables which, it is understood, are less susceptible to storm damage and remove the need for a number of heavy vertical piles. However, a smaller landing pontoon would be positioned immediately adjacent the main pontoon which would be held in position by four piles and would support the seaward end of an access bridge providing access to the foreshore via an existing flight of steps which projects out from The Parade. It is understood that, due to its position south of the proposed haven, the town pier would also benefit from protection provided by the breakwater to be constructed to form the haven itself.

The submission was accompanied by information in support of the proposal, including a design statement and a document providing additional environmental information. The design statement asserts that this development will improve the Squadron's existing facilities for the benefit of club members and local, national and international yachting events. The document indicates that the first phase of the project will involve the construction of the haven followed by the construction of the town pier. It is understood that the haven would, strictly in the short term, provide berthing facilities for squadron members only while the town pier would primarily be for eventing/public landing, potentially under the control of Cowes Harbour Commission. It is not intended that there should be general pedestrian access onto the breakwater to the haven, other than for maintenance and servicing, as this is too exposed a location to risk public access. The structure is designed to be over topped by waves and public access, even if considered possible, would require a higher and wider structure with handrails raising the profile still further. It is intended that the town pier would provide a much more accessible berth for larger vessels. Other steps and landing points along The Parade would remain available for small boats and leisure use.

Additional environmental information is contained in quite a substantial document covering a range of issues including the need for the facility, dredging requirements and other environmental issues, particularly the impact of the proposal on the marine environment in this area, the coastline of which is designated as a candidate Special Area for Conservation. A copy of the design statement and executive summary from this document is attached to this report as an appendix. The full document can be made available on request.

DEVELOPMENT PLAN/POLICY

Planning Policy Guidance Note 20 (PPG20) - Coastline Planning, provides a comprehensive statement of policies in relation to coastal planning. The guidance note acknowledges that the coast is an important national resource and that a range of economic and social activities require coastal locations with certain natural and historic landscapes and habitats particular to coastal areas. It advises that, against this background, it is the role of the planning system to reconcile development requirements with the need to protect, conserve and where appropriate, improve the landscape, environmental quality, wildlife habitat and recreational opportunities of the coast. In addition, the PPG acknowledges that the coastline is dynamic and shaped by powerful natural processes which is varied in its topography, including cliffs, estuarine marshes and mud flats, coastal lowlands and sand dune systems, each being subject to its individual set of natural processes and own special qualities as an environmental, economic and recreational resource.

In terms of policies for development that require a coastal location, PPG20 highlights, under the heading of tourism, that one particular type of development where there has been a rapid increase in demand in the last 20 years has been for mariners and other facilities for boat mooring, parking and launching. It is considered that this demand is likely to continue for the foreseeable future although such demand varies considerably from region to region with additional craft each year placing great pressure on existing facilities. The PPG suggests that, when considering applications for mariners, the Local Planning Authority should pay particular attention to arrangements for access and parking and that any associated development should be assessed separately, on its own merits, taking into account whether it requires a coastal location. The document advises that public access to the coast should be a basic principle, unless it can be demonstrated that this is damaging to nature conservation or impractical and that this applies to both developed and undeveloped coast.

The development boundary in this area, as defined on the Isle of Wight Unitary Development Plan, follows the line of mean low water mark and, therefore, the majority of the site is located outside the boundary. The coastline in this area is designated as a candidate Special Area for Conservation (cSAC) and the site immediately adjoins the designated Conservation Area and Cowes Castle which is a Grade II* Listed Building. Relevant policies of the Unitary Development Plan are considered to be as follows:

S6 - All Development will be Expected to be of a High Standard of Design.

S10 - In areas of designated or defined scientific, nature conservation, archaeological, historic or landscape value, development will be permitted only if it will conserve of enhance the features of special character of these areas.

G1 - Development Envelopes for Towns and Villages.

G4 - General Locational Criteria for Development.

G5 - Development Outside Defined Settlements.

D1 - Standards of Design.

B1 - Alterations and Extensions to Listed Buildings.

B2 - Settings of Listed Buildings.

B6 - Protection and Enhancement of Conservation Areas.

B9 - Protection of Archaeological Heritage.

C3 - Development of the Coast Outside of Development Envelopes.

C8 - Nature Conservation as a Material Consideration.

C9 - Sites of International Importance for Nature Conservation.

C10 - Sites of National Importance for Nature Conservation.

L8 - Jettys, Pontoons and Slipways.

The proposal falls within the area, the subject of the Supplementary Planning Guidance on the Cowes waterfront initiative which commenced with Project Cowes. This is considered to be a vibrant and unique project to secure a vibrant and prosperous future for the Medina Valley, the aim of which is to attract new investment to provide the opportunities, facilities and attractions that both local people and visitors can enjoy. The Strategic Development Framework sets out the vision for Project Cowes and a detailed programme of new projects. It focuses on a number of key priorities, identified by local people during the consultation process which, of most relevance to the current proposal, includes capitalising on and strengthening Cowes status as an international centre of yachting excellence and as the ‘home’ of UK sailing.

The SPG identifies five zones along the Medina Valley characterised by the nature of uses within those areas. The application site falls within zone 1 which encompasses an area at the northern end of the Medina estuary, including the existing town centres of Cowes and East Cowes and their associated waterfronts. These areas are characterised by town centre, leisure and event activities. Within this area, the SPG identifies key opportunities including, of particular relevance to the current proposal, new waterfront access and new marina facilities.

CONSULTEE RESPONSES

Highway Engineer considers there to be no highway implications.

The Conservation and Design Team Leader considers that the plans which accompanied the original submission were lacking in information considered essential before the proposal could be properly assessed. Therefore, she requested additional information as follows:

· Full details, including drawings of the Squadron steps as existing, and proposed clearly indicating the extent of the steps to be removed and how the resultant structure would be finished.

· An elevation of the breakwater from the west showing its relationship to the listed building (RYS) and its context.

· A plan showing the area of the proposed bridge head as it exists, including the angled masonry and details of how that area will be affected by the proposal as the proposed bridge head details as shown are not adequate in terms of detail/effect on historic masonry.

· A copy of a plan of the proposed breakwater and haven in relation to the existing starboard fairway buoy would provide an understanding of how far and where the proposal would extend.

The Conservation and Design Team Leader advises that the planning application appears, on balance, to be unacceptable in principle regarding its impact on the conservation area and setting of the listed building(s). She considers that there would be a distinct change in the character and appearance of the conservation area which will fail to preserve or enhance. She made a number of observations about the detailing of the proposal and how this impacted on and was generally unsympathetic to the listed building and conservation area. Notwithstanding these concerns, she made a number of suggestions as to how the scheme could be improved. In particular, she considered that the tower proposed for the outer end of the breakwater was a sham and would, when viewed from the water, not sit well with the historic building. It was suggested that there was an opportunity for something more striking and perhaps modern which might identify the location as more of a landmark (or seamark). A number of recommendations were made in respect of the means of enclosure, detailing and colour of structures at the entrance to the haven from the existing promenade area and in respect of the detailing to the town pier.

She suggested that the height and the uncluttered top of the proposed breakwater should not be increased or added to as this would have an adverse impact on the conservation area and adjacent Listed Building. Any such proposals would attract a recommendation for refusal from her. Following a meeting between the Conservation and Design Team Leader and the applicants agent, the scheme was amended and further plans and report on the justification for the design aspects of the proposal was submitted, generally addressing the concerns raised over the detailing of the proposal.

Councils Ecology Officer advises that the proposals are located adjacent to and partially within the Solent Marine cSAC and, consequently, the possibility of a likely significant effect of the development upon the interest features of the designated area must be considered. He commented that English Nature have advised the Planning Authority that the built structures are not likely to have a significant affect upon the European site but that they will be advising the Marine Consents Unit of DEFRA, who could be required to issue a dredging licence, that this element of the work has the potential to cause likely significant effect and would therefore require an appropriate assessment.

The Ecology Officer points out that it is the role of English Nature to advise the Planning Authority, as a competent authority, on the need for an appropriate assessment. Despite the view expressed by English Nature an appropriate assessment was carried out, which was confined to the impact of the built development and concluded that there will be no adverse effect upon the integrity.

Having considered the information presented with the planning application, English Nature advise that the built structures themselves are not likely to have a significant effect on estuary processes and important habitats upstream. Furthermore, the footprint of the development was not considered likely to have a significant effect on sub tidal features or sub features of the cSAC. English Nature indicated that, during construction of the built structures, there is the possibility of some short term disturbances to fish, although fish communities in general are not listed as a sub feature of the estuary physiographic feature, although they are recognised as part of the ecological system. They consider that it is unclear whether the short term construction impacts on a component of the estuaries European feature would warrant a significant effect on that feature and therefore required an appropriate assessment to be carried out.

The Authority is advised that capital and maintenance dredging are required for construction and use of the Squadron haven and such dredging is regulated by licence from the Marine Consents Unit of DEFRA. English Nature were satisfied that all necessary information to support such an appropriate assessment had been provided by the applicant. In addition to the impacts on the European designation, the appropriate assessment should also take into account effect on the physical processes that support the SSSI habitats further upstream. English Nature were satisfied that the appropriate assessment carried out by the Council’s Ecology Officer adequately addressed all relevant issues in this respect.

Environment Agency initially placed holding objection in respect of the proposal on basis that insufficient information had been submitted to assess the impact of the development on the interest features of the European designated site. The agency advised that they were unable to come to a conclusion regarding the principle of development in the absence of an appropriate assessment. Following consideration of the appropriate assessment prepared by the Council’s Ecology Officer, the agency withdrew their objection to the proposal.

English Heritage commented that the submitted drawings did not include a plan of the existing state of the esplanade which, at this point, forms a small battery around the Royal Yacht Squadron. In addition, they commented that there is also no historical analysis of the foreshore or any indication of the archaeological potential and while the proposal does not appear physically to affect features of much age or consequence, suggested that these issues were explored further.

Following discussions with English Heritage, the Council’s Planning Archaeologist advises that it will be necessary for the applicant to submit an appropriate desk based assessment prior to determination of the application identifying any potential archaeological interest in this area. A ‘swim over’ survey may be required post decision and prior to any work commencing on site. It is anticipated that the results of the desk based study and further comments from the Planning Archaeologist will be available to report to Members at the Committee meeting.

PARISH/TOWN COUNCIL COMMENTS

The Town Council supports in principle the proposal but expressed some reservations regarding the town pier element indicating that they would wish to see a more attractive Victorian design for the link span, confirmation that it would be a landing stage only with no overnight moorings and clarification regarding public access.

THIRD PARTY REPRESENTATIONS

The applications have attracted a total of 56 letters objecting to the proposal. Of these, 48 take the form of a standardised letter relating solely to the effect of the proposal on recreational fishing in the area. The grounds for objection can be summarised as follows:

Viewing area on Parade for public is already congested and extra services to support yacht crews, car parking and security would deny access to this area.

Impact on outlook to sea from Parade.

Parade is unique and important part of Cowes.

Other sites in area should be enhanced to realise the nautical tourism.

This facility is not required as adequate marina facilities are proposed as part of the Project Cowes initiative.

Provision of a proper pier should be made not a pontoon.

Increased noise, including sound of halyards, pollution and lack of parking will impact on amenities of nearby residents.

Project is not technically feasible.

Submission contains lack of information regarding public access to town pier and type of vessel able to use the facility.

Public landing stage could become gathering point for youngsters.

Development would prevent continued use of Parade by anglers which, in particular, provides easy access for children and people with disabilities.

Continued use of Parade for fishing and mooring of boats would create dangerous conflict.

Whilst short term/overnight mooring is considered to be acceptable, use by charter vessels and longer term mooring should not be permitted.

Security of town pier considered to be a major concern – should be locked at night and off peak with CCTV provided.

The combination of the haven and landing facility would be incongruous.

Arrivals and departures of vessels will increase at all times of day and night, increasing noise and disturbance to nearby residents.

Increased congestion at entrance of River Medina creating hazard.

In addition, concerns raised by individuals in respect of recreational angling, letter has been received from National Federation of Sea Anglers who, whist welcoming the proposal on basis that it will enhance Cowes waterfront with respect to yachting and tourism, raised a number of concerns with regard to impact of proposal on recreational angling, particularly from the area along The Parade. However, following discussions between the NFSA and RYS, a further letter has been received indicated that these discussions have resulted in an agreement and a way forward for recreational angling in the affected areas which may involve use of the breakwater and town pier by anglers.

Similarly, letter was received from the Royal London Yacht Club (RLYC) objecting to the application and expressing concern with regard to the impact of the proposal on various aspects of yacht racing in the area. However, it is understood that, following discussions between the RLYC, the RYS and Cowes Harbour Commissioner, these concerns have been overcome and the yacht club now withdrawn their objection to the application.

Letters have been received from Skandia Cowes, Cowes Yachting and Royal Corinthian Yacht Club supporting the application with comments which can be summarised as follows:

Haven whilst primarily for benefit to RYS members will be great assistance to all Cowes yacht and sailing clubs in the management of major events.

Public landing will provide much needed facilities.

Breakwater will provide shelter to the structure of The Parade.

Proposal will enhance harbour entrance and bring more events and visitors to Cowes to the benefit of the Island economy as a whole.

CRIME & DISORDER IMPLICATIONS

Following discussions with the Architectural Liaison Officer, there are considered to be no major crime and disorder implications associated with the proposal. In general, he considers that the proposal may raise issues of security for vessels and personal possessions although this could be addressed by restricting access to the haven in particular by means of a lockable gate. In general, he considers that some security devices should be provided such as CCTV. Whilst not strictly a crime and disorder matter, he expresses concern that public access to the town quay may result in accidents or people falling into the water placing pressure on police and other rescue services.

EVALUATION

Main issues relevant to the consideration of this proposal can be summarised as follows:

· Whether proposal is acceptable in principle.

· Impact of development on amenities and character of area, specifically the setting of the conservation area and the impact on the adjacent listed building.

· Impact on amenities of nearby residents.

· Impact on the European designation and wider ecological interests in the area.

The majority of the work would take place and resultant structures occupy the area beyond low water mark, outside the development envelope, as defined on the Unitary Development Plan (UDP). However, the explanatory text in the UDP in respect of policies relating to general location of development indicates that they will be relevant to many development proposals and provide guidance to the locational constraints or issues which need to be taken into consideration. Other sections and policies of the plan will also need to be taken into consideration and may, in certain circumstances, support the principle of development outside the development envelope.

When considering whether proposal is acceptable in principle, it is necessary to take into account the locational constraints associated with the development under consideration and the need for the chosen location. In this instance, I am satisfied that the proposed development has an operational requirement dictating its location and that the proposal falls within a category of development may exceptionally be permitted. Therefore I am satisfied that the proposal is acceptable in principle.

From the information accompanying the submission, it is clear that the facilities to be provided, and particularly the haven, have been designed to satisfy an operational and functional requirement whilst minimising the impact of the development on the surrounding area and the adjacent Listed Building. The rock armour, placed on the seabed to form the outer face of the breakwater, would have finished height of 2.01 metres ordnance datum (OD), OD being the highest astronomical tide. The top of the wave break parapet to the breakwater would be at a height of 2.695 metres OD. To put these levels into context, they need to be compared with existing levels on The Parade. The report accompanying the submission indicates that the level of the parade pavement, opposite the Royal London Yacht Club, is 2.285 metres OD and that the balustrading has a height of 1.060 metres above this giving a height to the top of the balustrading of 3.345 metres OD. This balustrading is of substantial construction and is a dominant feature on The Parade. The top of the wave break parapet to the haven would sit approximately 650 mm below the top of the balustrading with only the turret on the outer end of the breakwater and the pedestrian link bridge projecting higher.

The breakwater has been designed to be over topped by waves, although it will provide safe mooring for vessels under fair to intermediate sea conditions i.e. below force 8. In order to limit the height and impact of the structure, it is not intended to provide public access to the breakwater and this would require a higher and wider structure with handrails, thereby increasing the impact of the development. Notwithstanding these issues, the facility will occupy a prominent location, clearly visible when viewed from both sea and land, and will create a sense of enclosure, impacting on the character of the area. However, whilst it is not disputed that the proposal will impact on the outlook to sea, the design concept for the scheme acknowledges the need to keep to a minimum such impacts. In addition, following discussions between the applicants’ agent and the Conservation and Design Team Leader, further plans have been submitted amending elements of the scheme in order that the development is more sympathetic in terms of existing features in the immediate vicinity, the character of the conservation area and setting of the adjacent listed building. In particular, the following alterations have been made to the scheme:

· A more simplified approach has been adopted for the tower at the outer end of the breakwater.

· The means of enclosure to the pedestrian access at the landward end of the haven has been altered to reflect existing features in the area.

· Balustrading is to be returned along either side of the access to the link span to the town pier to match that along The Parade.

Whilst the proposal will clearly have a degree of impact on the conservation area and the adjacent listed building, I consider that these alterations to the scheme result in a development which is more sympathetic to its surroundings. Given the function of the development and the character of the area, I do not consider that proposal would represent an incongruous feature or that the impacts are so significant so as to be unacceptable.

Existing development on the south western side of The Parade, opposite the site of the proposed development, includes residential properties. Concern has been expressed by residents within these properties regarding the possible disturbance that may be caused by the proposal. In this respect, I consider that potential sources of disturbance include the construction phase and the subsequent use of the completed facility.

In general terms, potential noise and nuisance generated during the construction phase of a development is not a matter which normally falls within the control of the Local Planning Authority. However, in this instance, given the nature of the operation involved and the volume of material required in the construction of the haven which could potentially be delivered both by road and by sea, I do not consider that it would be unreasonable for the authority to seek control, through conditions should Members be minded to approved the application, the hours of working and delivering of materials at the site.

A further potential source of noise and disturbance could arise through activities associated with the use of the facility. In this respect, I consider that the site is located in an area where there is a high level of waterborne activity, particularly at times when events are being held in the area. Such activities obviously generate a significant volume of waterborne movements, including launches ferrying people between vessels on off shore moorings and the land. It is also understand that there are a large number of ‘swinging’ moorings along the area of The Parade. The information accompanying the submission indicates that the haven would provide mooring facilities for launches operated by the Royal Yacht Squadron and the short term moorings for visiting craft, particularly during events, which would otherwise be moored at permanent facilities either on the Island or further a field. I am advised that the haven is not intended to provide long term/permanent mooring facilities for members vessels. Therefore, I do not consider that proposal would generate a significant increase in movement of vessels in this area or demand for a high level of car parking in the area. Having regards to these factors, I do not consider that level of activity generated by the proposal would have an excessive or unacceptable impact on the amenities of nearby residents.

The site is located within the Solent Marine cSAC and, in assessing this proposal, consideration has been given to the likely affect of the development upon the interest features of the designated area. The Council’s Ecology Officer has carried out an appropriate assessment in respect of this proposal in order to identify whether there is likely to be any significant effects arising from the development. The appropriate assessment identifies that the interest feature which would be directly affected by the plan is the estuary's physiographic feature and that the cSAC is sub tidal at the mouth of the Medina estuary which was included within the site boundary to protect estuary processes essential to important habitats upstream. Sub tidal sediment communities are a sub feature of the estuaries feature. Consequently, the Ecology Officer has identified these aspects as those which could be affected by the development. Having identified the special feature of the area and impacts likely to arise through the development, the Ecology Officer has concluded that none of the changes associated with the development on its own would give rise to adverse affects on the cSAC features and that construction should not represent an adverse affect on the integrity of the Solent Marine cSAC. In addition, in combination with other plans and projects, available information indicates that construction is unlikely to contribute to any adverse affects caused by other schemes. However, he advises that, although no adverse affects on the integrity of the designated area are predicted, a precautionary approach with regard to capital and maintenance dredging should be implemented. In this respect, it is understood that it will be necessary for the applicant to obtain a dredging licence from the Marine Consents and Environment Unit for the capital and subsequent maintenance dredging. It is further understood that the process will also include an assessment of the likely impacts of the development on the special features of the designated area.

Whilst navigation issues are not a material planning consideration, this matter has been taken into account by the Cowes Harbour Commissioner when submitting comments in respect of an application for a dredging licence. A copy of these comments has been obtained which indicates that, whilst the proposed haven will project approximately 65 metres into the western entrance of the harbour, it is clear of the main fairway and will, therefore, not cause an unacceptable obstruction to navigation. The Cowes Harbour Commissioner acknowledges that proposal will also affect the approaches to the various yacht club and Council owned parade landing steps, although it is understood that he has received no objections in respect of navigation issues or rights. Cowes Harbour Commission indicate that they would require both the Royal Yacht Squadron haven and landing pontoon to be lit, the minimum requirements for which would involve two vertical green lights on the southern end of the Royal Yacht Squadron breakwater and two vertical green lights on the southern end of the landing pontoon. I am satisfied that, should Members be minded to approve the application, the level of lighting to be provided to this facility can be adequately controlled by means of a condition of the planning permission.

Concern has been expressed about the use of these facilities for long term mooring of vessels and the effect this could have on nearby residents. The information which accompanies the submission indicates that is intended that these facilities are required for short term mooring of vessels. Furthermore, it is understood that the design of the haven would, to a certain extent, limit its use to short term mooring, particularly during very bad weather conditions (above force 8). In any event, I do not consider that overnight mooring of vessels at this location would have a significant or adverse impact on nearby residents or that any restrictive condition of a planning consent in this respect would be reasonable or enforceable.

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 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 balance with the right of the applicant to carry out the development 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 and in the public interest.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report, I do not consider the proposal would have an unacceptable impact on the character of the area, with particular reference to the conservation area, or the setting of the adjacent listed building. Furthermore I do not consider that the use of these facilities and the level of activity likely to be generated by them would cause excessive or unacceptable impact on the amenities currently enjoyed by nearby residential occupiers. Furthermore, I am satisfied that the proposal will not have an unacceptable impact on the special features of the cSAC or the estuarine processes further south on the River Medina.

RECOMMENDATION – APPROVAL (Both applications – subject to referral of application for Listed Building Consent to the Government Office)

Conditions/Reasons:

1	The works hereby authorised shall be begun not later than [5] years from the date of this consent. Reason: As required by s18 Planning (Listed Buildings and Conservation Areas) Act 1990
2	Prior to work commencing on the partial demolition of the Royal Yacht Squadron steps, as detailed on the approved plans, details of the method of disposal of the resultant material together with details of the materials/surface finish to be used in making good the section of steps to be retained shall be submitted to and approved by the Local Planning Authority. Thereafter, development shall be carried out strictly in accordance with the approved details. Reason: In the interests of the amenities of the area and to protect the character and appearance of the listed building in accordance with Strategic Policy S10 (Designated and Defined Areas) and Policies G4 (General Locational Criteria for Development), D1 (Standards of Design), B1 (Alterations and Extensions to Listed Buildings), B2 (Settings of Listed Buildings), and B6 (Protection and Enhancement of Conservation Areas) of the Isle of Wight Unitary Development Plan.
3	No development shall take place until a full schedule of materials and finishes, including the colour of the access bridge to the haven and town pier and concrete colour to be used in the construction of the development hereby permitted has been submitted to and approved in writing by the Local Planning Authority. Thereafter, development shall be carried out and maintained in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with Strategic Policy S10 (Designated and Defined Areas) and Policies G4 (General Locational Criteria for Development), D1 (Standards of Design), B2 (Settings of Listed Buildings) and B6 (Protection and Enhancement of Conservation Areas) of the Isle of Wight Unitary Development Plan.
4	Prior to work commencing on site, details of all lighting, including navigation lights, to be installed/erected on the haven and town pier hereby approved shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, only such approved lighting shall be installed/erected on the facilities unless otherwise agreed in writing with the Local Planning Authority. Reason: In the interests of the amenities of the area and to comply with Strategic Policy S10 (Designated and Defined Areas) and Policies G4 (General Locational Criteria for Development), D1 (Standards of Design), D14 (Light Spillage) and B6 (Protection and Enhancement of Conservation Areas) of the Isle of Wight Unitary Development Plan.
5	Prior to any work commencing on site, a scheme for the provision of CCTV cameras and lockable gates, or such other methods considered appropriate to prevent unauthorised access to the haven and town pier from the shore, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out and thereafter retained and maintained in accordance with the approved details. Reason: To reduce the opportunities for crime and to comply with Policy D11 (Crime and Design) of the Isle of Wight Unitary Development Plan.

TCP/24514/A P/01983/04 Parish/Name: Fishbourne Ward: Binstead

Registration Date: 20/09/2004 - Reserved Matters

Officer: Miss. S. Gooch Tel: (01983) 823568

Applicant: T Jones Development Ltd

Detached house with detached garage; formation of vehicular access (aorm)(further revised scheme)

land adjacent Ashdown House, Ashlake Farm Lane, Wootton Bridge, Ryde, PO33

REASON FOR COMMITTEE CONSIDERATION

When consulted under the delegation procedure the local Member, Councillor Mr E Fox, has requested that the application is considered by the Committee as he considers proposal is out of scale with the adjacent properties.

PROCESSING INFORMATION

This is a minor application, the processing of which has taken 22 weeks to date and has gone beyond the prescribed 8 week period for determination of planning applications due to negotiations with the applicant, case officer workload and the request from the local member for Committee consideration.

LOCATION & SITE CHARACTERISTICS

Application relates to a irregular shaped area of land north of Ashdown House and is situated on eastern side of Ashlake Farm Lane which itself is a cul-de-sac leading off north side of Kite Hill. Application site is located some 200 metres north of junction with main road. Within the site are various trees some of which are protected with preservation orders.

RELEVANT HISTORY

TCP/24514 Outline planning permission granted October 2002 for dwelling on land adjacent Ashdown House, Ashlake Farm Lane.

DETAILS OF APPLICATION

Reserved matters are now sought on external appearance, design and landscaping for a detached house and garage following outline consent granted in October 2002.

Proposed designs display a large detached property with Georgian style windows and dormer features in front roof elevation. A typical designed conservatory is proposed to the rear with a chimney stack feature to the south and portico over main front entrance door. A double detached garage with dormer features in the front elevation roof will sit north of proposed house.

Resultant floor space of proposed detached house excluding the conservatory and garage is 140.70 m2. Proposal displays accommodation on three floors, the third being located within the roof space. The detached house will provide six bedrooms, two with associated bathroom facilities and main communal rooms are all located on the ground floor.

DEVELOPMENT PLAN/POLICY

Site is located within the development envelope, as defined on the Isle of Wight Unitary Development Plan, and is subject to a Tree Preservation Order.

Relevant policies of the plan are considered to be as follows:

S1 New development will be concentrated within existing areas

S6 All development will be expected to be of a high standard of design

S7 There is a need to provide for development of at least 8,000 housing unit

G1 Development envelopes for towns and villages

G4 General Locational Criteria for development

D1 Standards of Design

D2 Standards for Development within the Site

D3 Landscaping

H5 Infill Development

C12 Development affecting trees and woodland

U11 Infrastructure and Service Provision

CONSULTEE RESPONSES

Highway Engineer has been consulted and recommends approval subject to conditions being imposed should members be minded to approve application.

After liaising with Tree Officer he requests that detailed fencing zones and specifications, temporary and permanent access servicing and chronology of site activities are controlled by condition. More restrictive conditions will need to be imposed to ensure the longevity of the trees on site.

PARISH/TOWN COUNCIL COMMENTS

Not applicable.

THIRD PARTY REPRESENTATION

Three letters of support were received from local residents which can be summarised as follows:

· Mature oak trees will screen the property

· Building is not intrusive or out of scale with other houses in the vicinity

· Proposal is in keeping with the standard of the existing surrounding properties

Two letters were received from local residents objecting to the application on the grounds which can be summarised as follows:

· Weight and size of dwelling could affect the water table and there is inadequate drainage.

· Problems with ground stability.

· Building is out of scale with the rest of the buildings and would create overlooking.

· Developer should repair any damage to the lane.

·The copse to the rear of the plot is a red squirrel run and habitat for wildlife and would have to be cleared to erect such a large building.

CRIME AND DISORDER IMPLICATIONS

No crime and disorder implications anticipated

EVALUATION

Given outline approval on this site, determining factors in considering application are whether design, scale and mass of proposal is appropriate and whether plot can accommodate development compatible with surroundings without appearing cramped and intrusive.

Site is located within development boundary and proposal is considered acceptable in principle. Proposed design displays a large detached Georgian style property incorporating a large number of windows with dormer features in front elevation. Negotiations have taken place to reduce the size of these dormers and a reduction in the overall number of windows to that previously submitted and a reduction in length from 15.40 metres to 13.40 metres. Resulting design now appears less dominant especially when viewing the sectional drawing which shows the existing ground level being reduced where proposed house will sit.

As there are a number of protected trees on site following consultation with the Tree Officer they are of the opinion that to avoid damage to these trees on site a full arboricultural method statement be agreed prior to any site access. This will be a condition to ensure the site activities do not affect the health and stability of the protected trees. They confirm that despite low density residential development in the area for many years, with care, it should be possible to conserve them, especially the three protected oaks at the front, for many more years. I therefore feel it appropriate that development is allowed subject to fairly stringent conditions to ensure the sustainable management of these outstanding trees.

Concerns were raised on the weight and size of the dwelling and its potential affect on the water table and appropriate drainage arrangements were addressed at outline stage. A condition was imposed to alleviate this problem and works have been carried out to the storm water drainage system in 2003.

With regards to problems with ground stability PPG 14 (Development on Unstable Land) states "the responsibility for determining whether land is suitable for a particular purpose rests primarily with the developer" and then goes on to say " the developer should therefore make a thorough investigation on the assessment of the ground to ensure that it is stable or that any actual or potential instability can be overcome by appropriate remedial, preventative or precautionary measure.

Comments were made by local neighbours that the developer should repair any damage to the lane, however, the outline Committee Report noted these concerns. It was explained to members that these are not planning considerations as it is a private road. After liaising with the Highways Engineer recommendation for approval was revised subject to conditions being imposed. There is an additional condition Highways require in respect of car parking, however this is an application for landscaping, design and external appearance. Access was considered at outline stage and therefore a new condition cannot be imposed at this stage.

To the rear of the plot is a copse which is a red squirrel run and habitat for wildlife and objectors are concerned that these trees would have to be removed to erect proposed dwelling. Submitted plans show retention of these trees and condition has been imposed on outline approval to protect all trees that are to be retained. After consulting with Ecology Officer in light of the proposed retention of the majority of trees, he does not believe that the trees to be removed would impact upon wildlife. The tree report advises some surgery on some limbs of the three large oak trees and the Ecology Officer has acknowledged that bats may be present. The removal of these limbs has a real potential to impact on roosting bats. This is the responsibility of the applicant under the Wildlife and Countryside Act 1981 and should Members be minded to approve this application, a letter will be sent advising the applicant of his duty of care.

Taking into account all the above issues I am of the opinion that as Ashlake Farm Lane exhibits a sufficient mixture of properties situated in plots of varying sizes the proposal is acceptable in terms of scale, mass, design and impact on surrounding residential occupiers.

HUMAN RIGHTS

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report, I am satisfied that the proposal represents an acceptable form of development within the development envelope without having excessive or unacceptable impact on the environment or neighbouring properties and would not detract from the visual amenities and character of the locality. In view of the above I am satisfied that the proposal does not conflict with policies of the Isle of Wight Unitary Development Plan.

RECOMMENDATION - APPROVAL (revised scheme)

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 5 years from date of the outline permission or before the expiration of 2 years to the date of approval of the last of the reserved matter to be approved whichever is the later. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	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.
3	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building hereby permitted is occupied. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
4	All materials excavated as a result of general ground works including site leveling, installation of services or digging of foundations, shall not be disposed of within the area identified red on the submitted plans. The material shall be removed from the site prior to construction of the dwelling proceeding beyond damp proof course level or such other time scales as may be agreed with the local planning authority. Reason: In the interests of the area in general and adjoining residential property in particular and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
5	The access drive between the protected T2 English Oak and T3 English Oak shall be of a gravel finish in accordance with the specification laid down in section 5.2, 5.3 and 5.4 of MJC Tree Services Limited report signed 11 September 2004 with such finish being retained and maintained thereafter. Reason: To ensure the protection of the trees to be retained in the interest of the amenities of the area and to comply with Policy C12 (Development affecting trees and woodland) of the Isle of Wight Unitary Development Plan.
6	Works specified in paragraph 6.8 of MJC Tree Services Limited reported dated 11 September 2004 shall be carried out and a tree management plan submitted and approved before occupation of the dwelling hereby approved. Reason: To ensure the protection of the trees to be retained in the interest of the amenities of the area and to comply with Policy C12 (Development affecting trees and woodland) of the Isle of Wight Unitary Development Plan.
7	The proposed access drive shown on the plan hereby approved shall not be used at any time by construction traffic and commercial vehicles, including removal vehicles. Reason: To ensure the protection of the trees to be retained in the interest of the amenities of the area and to comply with Policy C12 (Development affecting Trees and Woodland) of the Isle of Wight Unitary Development Plan.
8	Before any development work starts and before any materials are delivered on site, protective fences in accordance with Figure 4 of BS5837 must be erected to protect the retained trees. Where the fence line passes over the proposed drive the fence will be routed along the side of the drive. No development activities or storage of materials or vehicles can take place within the fenced off area. Such fencing to be retained until all building works have ceased on site. Reason: To ensure the protection of the trees to be retained in the interest of the amenities of the area and to comply with Policy C12 (Development affecting Trees and Woodland) of the Isle of Wight Unitary Development Plan.
9	Once development is complete no activity shall be undertaken at any time on the ground within the crown spread of protected trees T1, T2 or T3 which involves disturbing the soil, trenching, temporary or permanent storing or parking of vehicles or materials, erection of structures, lighting of bonfires, discharge of liquids or fuels. Reason: To ensure the protection of the trees to be retained in the interest of the amenities of the area and to comply with Policy C12 (Development affecting Trees and Woodland) of the Isle of Wight Unitary Development Plan.
10	No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping and works to veteran trees, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
11	All hard and soft landscape works and works to veteran trees shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. Reason: In the interests of the amenities and character of the area and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.

TCP/24579/D P/02580/04 Parish/Name: Ventnor Ward: Ventnor West

Registration Date: 16/12/2004 - Full Planning Permission

Officer: Mr. S. Cornwell Tel: (01983) 823575

Applicant: Mr G W Blake

Continued use of part of premises for the preparation of fish and shell fish

Blake & Spencer, Esplanade, Ventnor, Isle Of Wight, PO381JT

REASON FOR COMMITTEE CONSIDERATION

This application has been brought before the Committee as the site, the subject of the application, is included within an area subject of an existing enforcement notice which sought compliance by 30 September 2004 and is now the subject of deferred Court action. Furthermore, although Members considered the enforcement authorisation, the original decision to refuse the first planning application was taken under the delegation procedure and consequently the Committee have not had the opportunity to determine the full detailed merits of the proposal.

PROCESSING INFORMATION

This is a minor application which will have taken just over eight weeks to determine on the basis a final decision is made at the Development Control Committee meeting on 15 February 2005.

LOCATION AND SITE CHARACTERISTICS

Application relates to eastern part (approximately 25%) of Boathouse which is a single storey building situated behind properties on the northern side of the Esplanade at Ventnor. Access to the building is via a passage way which links Esplanade to Marine Parade. At the southern end of the passage way on either side is the Longshore Museum and a residential property. To the north of the Boathouse is an open grass area beyond which is a parking area which has been formed to serve one of the residential/holiday accommodation properties which lie on the northern side of Marine Parade. To the east of the site is an open storage area in the same ownership/control as the remainder of the Boathouse which is used for storage purposes.

RELEVANT HISTORY

Application for a lawful development certificate for continued use of the premises for the preparation of fish and shell fish refused in May 2002 on the ground that the evidence submitted did not indicate building continuously used over a period exceeding ten years.

An appeal against this decision was made but subsequently withdrawn in February 2003.

Planning application for the use of part of premises for the preparation of fish and shell fish was refused in August 2003 for the following reason:

“The development has resulted in an unacceptable odour and pollution nuisance in the locality, and is therefore considered by the Local Planning Authority to be contrary to Policies E9 (Employment Development anywhere within settlements) and P1 (Pollution and Development) of the Isle of Wight Unitary Development Plan.

At the 12 August 2003 Development Control Committee Meeting Members resolved to serve an enforcement notice requiring the cessation of the use of the building known as the Boathouse and the adjoining land for the preparation of fish and shell fish with a time period for compliance of 12 months. The enforcement notice was served and an appeal duly lodged.

The sole ground of appeal was Ground G (the time given to comply with the notice is too short).

At the Development Control Committee meeting (Site Inspections) held on 30 January 2004, Members considered a report relating to the appeal and the time period that this would involve in reaching an outcome. After some consideration Members resolved to extend the time period for compliance with the enforcement notice through to the 30 September 2004 on the understanding that the appeal was withdrawn.

On 1 October 2004 the premises were inspected and the use was found to be continuing. A prosecution for failure to comply with the requirements of the enforcement notice was initiated with a first Court Hearing of 17 December 2004. At that time the case was deferred until March 2005 to give an opportunity for the current application to be determined.

Although not on this site the following decision has some relevance to the current application:

At the 22 June 2004 Development Control Committee meeting, planning permission was given for construction of piled jetty with building over to provide fish processing facility and retail outlet at a site within the Ventnor Haven facility.

DETAILS OF APPLICATION

Planning permission is sought to continue the use of premises for the preparation of fish and shell fish with the applicant indicating that this is required for approximately nine months. An inspection of the building indicates that there are two steps down from the entrance door which leads into a short passageway with the boiling pot and an ice machine located in an area to one side. At the back of the building is a room containing the work surfaces and sink area where the meat is taken out of the shells. This room also includes a number of chiller units where the packed meat is stored before distribution. The building also contains a cloakroom and WC.

Unlike the previous application the applicant no longer has access and use of any of the adjoining open ground to the east.

Letter submitted by the applicant provides the following information:

· Catch landed at Ventnor Haven from own boat and this the only source of supply.

· Catch transported to Boathouse by pick-up truck.

· Catch predominantly crab.

· Main season is September to Christmas, catch is light January to February with a short Spring run in late March to early May. May is the worst time of the year for crabs but catches improve through the Summer months.

· If catch larger than can cook immediately an element is stored at sea in live pens.

· Crabs placed in 50 gallon container and boiled for 15 minutes. This generates little smell which is no more offensive than other food cooking premises in area.

· Location of boiler is behind cafés on Esplanade and produces less odour than fryers in kitchens of cafes on Esplanade which operate all day.

· Boiler is ventilated by removing wooden shutter.

· Waste water drained directly into mains drain.

· Waste crab shells returned to sea and dropped over side.

· Average daily production is 30 kilograms of crab meat, majority sold same day, distributed by own vehicle.

· Building Control Approval now being sought on new facility in haven, confident new fishery will be up and running in June ready for oncoming crab season.

DEVELOPMENT PLAN/POLICY

Planning Policy Statement 23: Planning and Pollution Control para 8:

"Any consideration of the quality of land, air or water and potential impacts arising from development, possibly leading to an impact on health, is capable of being a material planning consideration in so far as it arises or may arise from any land use".

Site lies within the Ventnor development envelope. No other specific annotation relates to this area.

Relevant Unitary Development Plan Policies are as follows:

G10 – Potential conflict between proposed development and existing surrounding uses.

D1 – Standards of Design

E9 – Employment Development anywhere within settlements

TR7 - Highway Considerations for New Development

P1 - Pollution and Development

CONSULTEE RESPONSES

Principal Environmental Health Officer:

· Although this section has received complaints in the past alleging odour nuisance, our investigations have failed to substantiate the allegation.

The Principal Environment Health Officer was also asked to comment on repositioning of the boiler inside the building, to give some comparison between the level of odour from this operation as opposed to other general cooking activities and finally to comment on the operation from a health and safety perspective. In response the following comments have been received:

· It is possible that the location of boiler within building may have some slight effect on the reduction of odour. However, adequate ventilation required by food hygiene legislation and by health and safety legislation likely to minimize any consequential odour reduction. There may be a psychological effect on the basis of out of sight out of mind.

· Regarding comparison between this activity and other cooking establishment. Shell fish boiling confined to about one hour a day compared to eight hours or more for a fish and chip shop. Qualitatively of course, the odours will be different and therefore more or less acceptable to local residents.

· Regarding health and safety, can advise officer recently inspected premises and they comply with current requirements.

Highway Engineer to be reported.

PARISH/TOWN COUNCIL COMMENTS

Ventnor Town Council consider there is no satisfactory reason for the continuing extension of the temporary planning permission and a further extended period is undesirable.

THIRD PARTY REPRESENTATIONS

Letters have been received by five property owners in the locality making the following points:

· Previous reasons for objection to earlier application still remain.

· Planning history shows rejection, service of enforcement notice unsuccessful appeal, extension of enforcement compliance time, failure to comply, Court date, and new application identical to one rejected in April 2003.

· Applicant adopting delaying tactics.

· Council’s acceptance of application tantamount to supporting harassment the activity causes us.

· Access via a public right of way, no more than one metre wide which is subject to regular discharge of cooking fluids along it.

· Passageway frequently has discarded shell and shell fish waste, left to decompose causing serious fly infestation and attracts rats. This is a health hazard.

· Smells from cooking offensive, especially in summer and this will deter tourists.

· Activity results in car parking on double yellow lines at end of passage way causing hazard to pedestrians and blocking door to residential cottage.

· There must be more suitable sites.

· This is a residential area.

· If approved now would make mockery of planning process.

· Original refusal just refers to policies E9 and P1. Consider D1 and D10 and TR7 also apply.

· Fail to understand procedure this third time, applicant requested planning.

· 75% of the Boathouse is not included in the application.

· Cooking now takes place indoors. Question if health and safety know.

CRIME AND DISORDER IMPLICATIONS

No crime and disorder implications are anticipated.

EVALUATION

Before considering the determining factors with regard to this application, I believe I should comment briefly on the planning history and the circumstances surrounding the current application. The planning history is clearly a material consideration that should be taken into account in the determination of this application. However, Members should not allow themselves to be influenced by what has been interpreted in some of the third party representations as an abuse of the planning process. Notwithstanding the current status where the applicant has failed to comply with the requirements of an enforcement notice by an extended deadline, he has exercised a right to apply and under current legislation the Local Planning Authority must accept the submission of the application and determine any application on its merits.

Members should also be aware that the Town and Country Planning Act 1990 acknowledges that it is possible to regularise a breach of planning control even where an enforcement notice has been served by a subsequent grant of consent. Accordingly, the existence of an enforcement notice does not prevent a review of the case, particularly if some element has changed.

The determining issues with regards to this activity are considered to be firstly whether this is an appropriate location for the activity concerned given the potential impact on the locality and surrounding properties and secondly, whether there are any traffic implications. In assessing both points I will acknowledge the previous determinations and any change in circumstances.

With regards to the first point, I consider that the area within which the premises are located is not solely residential but sits behind a mixed use area on the Esplanade which includes commercial premises (including several cafes) with some residential with a mix of residential and holiday accommodation in the properties on the north side of Marine Parade which are approximately 25 metres away from the building. Concerning the impact of the operation on the locality, Members should be aware that this is a relatively small scale operation and comparisons have been made by the applicant with the café operations that exist on the Esplanade. In that context, I consider that a significant change in the operation has been the relocation of the boiler to inside the building. Whilst I note the comments by the Environmental Health Officer that this may not lead to a significant improvement in the dissipation of odour I believe that it would have removed some of the concerns raised by a number of the local residents relating to the emptying of any water down the passage way. This cannot take place under the present operation as entry into the building involves going down two steps. Visits to the site have not resulted in the observation of any items left in the passage way, which is a further point also raised by objectors.

During a recent visit to the site, when stood on Marine Parade I did experience occasional smells from the premises whilst boiling was in progress but I was also aware of other cooking odours also being present. Members' attention is drawn to the comments by the Environmental Health Officer who indicates that complaints alleging odour nuisance have been received in the past but investigations failed to substantiate any allegation.

On balance, whilst noting the changes to the operation, its scale and the site’s proximity to nearby residential properties I do not consider that there is sufficient evidence of a substantive nature to justify an objection on the grounds of loss of amenity. Nor do I consider that the use is unacceptable in this locality having considered the additional information from the applicant relating to other commercial premises in the area which also engage in cooking activities.

On the question of the time period that should be applied to any consent, the applicant has requested nine months. I am conscious that for a number of reasons the applicant has not kept to previous timescales and on that basis I am reluctant to set a specific time with the risk that if the relocation plans do not materialise then we could end up with a potential enforcement problem in the future. Based on the assessment outlined above and providing conditions are imposed limiting the scale of the operation I see no specific need to set a time limit to any consent other than to seek its cessation when Mr G Blake vacates the building. This is reflected in the conditions outlined below.

Concerning the second issue relating to traffic impacts, Members will be aware that the Esplanade contains a series of traffic control structures. As a consequence I believe that vehicles will be moving at low speeds only. There is limited parking on the south side of the Esplanade and should a vehicle park close to the passage way entrance I believe that this would only be for a short period of time. Furthermore, this is a situation which I believe commercial properties on the north side of the road would face at some time or other. On balance, I do not believe that there is clear evidence of a traffic hazard sufficient to withhold planning permission. Members will note such a reason did not appear in the earlier decision to withhold consent.

HUMAN RIGHTS

In coming to this recommendation to grant planning permission, consideration has been given to the rights set out in Article 8 (Rights 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 properties 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 continue the operation at the site. 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 wider public interest.

JUSTIFICATION FOR RECOMMENDATION

I am aware that the intention is to relocate the business to a purpose built facility in the Haven. The applicant indicates that work is to start shortly on this building in anticipation of a relocation by June which reflects the start of the main fishing season. I intend to update Members on the latest position regarding this relocation at the meeting.

Having given due regard and appropriate weight to all material considerations referred to in this report, I am satisfied that the continued use of this building at the level which currently exists would not have a detrimental impact on the environment, neighbouring properties or detract from the visual amenities of the area. In this regard, I have noted the changing circumstances from the earlier determinations and that the proposed development complies with the policies as set out in the Unitary Development Plan.

RECOMMENDATION - Approval

Conditions/Reasons:

1	The use hereby permitted shall be carried on only by Mr G Blake and at the time when he vacates the premises the use shall cease and the premises shall revert back to a general storage use. Reason: But for the personal circumstances put forward by the applicant, the application would not have been approved.
2	Only fish and shell fish caught by the applicants single boat fishing operations shall be processed within the building which is the subject of this consent. Reason: To ensure that the scale of operations remains at a level that does not result in an unacceptable adverse impact on the surrounding area.
3	Only one boiler shall be used for the cooking of any fish or shellfish and it should be limited to a 50 gallon capacity. Any change from the current boiler shall be agreed in writing with the Local Planning Authority. Reason: To ensure that the scale of operations remains at a level that does not result in an unacceptable adverse impact on the surrounding area.
4	The cooking operations shall be confined to within the following hours: 0800 to 1800 hours. Reason: To ensure that the scale of operations remains at a level that does not result in an unacceptable adverse impact on the surrounding area.

TCP/25066/B P/01557/04 Parish/Name: Brighstone Ward: Brighstone and Calbourne

Registration Date: 21/07/2004 - Full Planning Permission

Officer: Miss. S. Gooch Tel: (01983) 823568

Applicant: Mr B Lancaster

Retention of building providing stable, multi-use animal shelter & tack room for storage of agricultural & forestry tools (revised scheme)

part OS Parcel 0091 and 0072 south of Hulverstone Farm, Hulverstone Lane, Hulverstone, Newport, PO30

REASON FOR COMMITTEE CONSIDERATION

When consulted under delegated procedure the Local Member, Councillor Mrs J Wareham, requested that the application is considered by the Committee due to concerns raised on the impact of the building on the landscape, application does not address issues and policies referred to in the previous appeal and there is no justification for the building.

PROCESSING INFORMATION

This is a minor application the processing of which has taken 29 weeks to date and has gone beyond the prescribed 8 week period for determination of planning application due to case officer workload and the request from Local Member for Committee consideration.

LOCATION & SITE CHARACTERISTICS

Site is located within an Area of Outstanding Natural Beauty and Heritage Coast. Application site is to the eastern side of Hulverstone Lane with well established hedgerow/trees which runs along the western side of the lane. Access to the site is via a five bar metal gate. Post and wire fence forms other boundaries as the land in the vicinity appears to have been divided up between a number of owners. Within the plot exists a typical wooden designed stable with tack room which is immediately adjacent the field boundary. Located to the south of these stables is an open fronted a shelter/barn.

Scattered around the site are various objects not associated with agriculture e.g. disused boats and personal belongings and at present the stables and open barn/shelter are not being used for their intended purpose. All of these issues are currently the subject of an enforcement notice requiring the removal of the stable and floor slabs.

RELEVANT HISTORY

TCP/25066/A - planning permission for retention of building providing storage/animal shelter/stabling for a pony, retention of touring caravan; continued storage of two boats was refused February 2004 as proposal detracted from the appearance of the site and failed to protect and enhance the special quality of the landscape designated as an AONB.

E/25066/C Enforcement Notice issued dated June 2004 for the permanent removal of the caravan from the land, removal of all boats from the land, to cease use of the land for storage purposes.

DETAILS OF APPLICATION

Consent is sought for the retention of the stable for use as multi use animal shelter and tack room for storage of agricultural and forestry tools. The applicant is responsible for the upkeep of surrounding pasture land and the woodlands located to the far east. The stables would not only be used for horses but when required will be used for sickly ewes/lambs etc.

With regard to the current enforcement action in respect of removal of all non-agricultural items such as boats and personal belongings, the applicant has confirmed he intends to remove these items.

DEVELOPMENT PLAN/POLICY

Site is located outside the development envelope, within the Heritage Coast and a landscape designated as an AONB. Relevant policies of the UDP are as follows:

S4 – The Countryside will be Protected from Inappropriate Development

G4 – General Locational Criteria for Development

D1 – Standards of Design

C1 – Protection of Landscape Character

C2 – Areas of Outstanding Natural Beauty

C4 – Heritage Coast

C22 – Keeping of Horses for Recreational Purposes

C23 – Stables and Field Shelters in the Countryside

P1 - Pollution

CONSULTEE RESPONSES

Environmental Health have no adverse comment in respect of this application.

AONB advised that whilst it is regrettable that the sub-division of land has occurred which has resulted in changed pressures on the landscape, they are of the opinion that it is not unreasonable to seek approval for a small building to accommodate livestock and agriculture equipment which is sited to benefit from existing natural screening.

PARISH/TOWN COUNCIL COMMENTS

Brighstone Parish Council note the applicant needs a covered place in which to keep agriculture and forestry tools, as an owner of land and woodland. They would appreciate if the storage buildings could be tidied up as well as the whole site and agreed to proposal.

THIRD PARTY REPRESENTATIONS

Three letters were received from local residents objecting to the application on grounds which can be summarized as follows:

· Present use is wholly unacceptable

· If approved, it will set a precedent

CRIME AND DISORDER IMPLICATIONS

No crime and disorder implications anticipated.

EVALUATION

Determining factors in considering application is whether a retention of the buildings has an unacceptable impact on the countryside and appearance on the surrounding Area of Outstanding Natural Beauty and Heritage Coast.

Members will recall the issue of an enforcement notice dated 23 June 2004 for the removal of stable block and floor slab for the purpose of general storage unrelated to agricultural use. Enforcement notice was subject of an appeal to the Planning Inspectorate on 23 July 2004 and a decision is still awaited.

Whilst I acknowledge there is some question as to the current use of the site and buildings, consideration needs to be given to the applicants proposed use and not the existing situation.

Within the applicants ownership is an area of woodland which has a Protection Order and applicant confirms that he is responsible for the upkeep of pasture land and the woodland. Following a Land Registry search, I am satisfied that the land within the applicant's ownership is of adequate size to allow for the keeping of horses and multi use animal shelter.

AONB Officer advises that whilst they are still of the opinion that the sub-division of the land in this area is regrettable and has resulted in change of pressures on the landscape, they confirm that it is not unreasonable to seek approval for a small building to accommodate livestock and agricultural equipment which is sited to benefit from existing natural screening. They wish to seek removal of the open barn as the applicant has indicated that the stable and tack room will also act as storage for agricultural equipment. However, I consider this unreasonable as there are larger items associated with forestry and maintenance of pasture land such as a tractor, trailer, field mower etc. that cannot easily be stored within the stable building.

Concerns are raised on the present use being unacceptable. However, I can confirm that the current unauthorised use is being dealt with through enforcement action and this application is for consideration of an alternative and more appropriate use for the site. With regards to concerns that the proposal would set a precedent, each application has to be considered on it own merits.

On balance, I consider that it is not unreasonable for the applicant to wish to retain the stable and for the open barn to remain in this location for its intended use, associated with the tending of he land and keeping of animals thereon, as both buildings are adequately screened, sensitively sited to avoid harming the visual amenity of the countryside and set within an appropriate rural location.

HUMAN RIGHTS

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report, I am satisfied that the proposal represents acceptable development and is appropriately located within this rural setting. In view of the above I am satisfied that the proposal does not conflict with policies of the Isle of Wight Unitary Development Plan.

RECOMMENDATION - Approval

Conditions/Reasons:

1	The stables shall only be used as a shelter for arrivals kept on the land and for the stabling of horses and the storage of associated equipment and feed for private recreational purposes only and shall at no time be used for any trade or business including livery stabling, commercial equestrian tuition or commercial leisure rides. Reason: The use of the stables on a commercial basis is likely to lead to an increased use of the premises and generation of additional traffic which would be detrimental to the amenities of the area and to comply with policy C22 (Keeping of Horses for Recreational Purposes) of the IW Unitary Development Plan.
2	Stables - no caravans, etc - F31
3	Stables - no outside storage - F32
4	Stables - no burning of manure - F33
5	Stables - no fences/means of enclosure, - F34
6	The walls of the stable block shall be stained, and thereafter maintained in a dark brown colour. Reason: In the interest of amenities and character of the area and to comply with Policy D1 (Standards of Design) of the IOW Unitary Development Pan.

10.

TCP/25275/B P/02596/04 Parish/Name: Freshwater Ward: Freshwater Afton

Registration Date: 09/12/2004 - Full Planning Permission

Officer: Mr. J. Fletcher Tel: (01983) 823598

Applicant: West Island Developments

Demolition of hotel; residential development comprising a total of 36 dwellings in a mixed development of houses and flats with associated parking; formation of vehicular and pedestrian access (revised scheme)

land adjoining Hill House, Queens Road/2School Green Road/Brookbank/ Brookside Forge, Brookside Road Freshwater

REASONS FOR COMMITTEE CONSIDERATION

This is a major application requiring determination by the Committee.

PROCESSING INFORMATION

This is a major application, the processing of which will have taken 10 weeks to date.

LOCATION AND SITE CHARACTERISTICS

Site, irregular in shape, having limited frontages onto Brookside Road, Queens Road and School Green Road. Site takes former substantial area of cartilage of number 2 School Green Road and the cartilage of hotel premises Brookside Forge on the Brookside Road frontage. Site adjoins a number of property, namely the cartilage of Brooklands located on the corner of Queens Road and School Green Road, end of terrace property Hill House which is one of a group of terraced dwellings which extend to the south to the junction of Brookside Road with Queens Road. A substantial area of the eastern boundary and southern boundary the area of the land which fronts School Green Road abuts a traditional detached dwelling known as Brookbanks which has a lengthy vehicular access on Brookside Road with the property itself standing to the west of the food retail premises of Summerfield.

Application includes and almost triangular shaped area being set to the south of the bus stop in School Green Road to west of Somerfield and east of number 2 School Green Road. South boundary of that area of land abuts the northern boundary of Brookbanks. Site has gentle falls both towards Brookside Road and School Green Road and has recently been subject of site clearance.

RELEVANT HISTORY

IN April 2004 a similar application was approved subject to a Section 106 Agreement covering the provision of eight affordable housing units in line with Council policy H14 and a payment of £32,400 (36 x £900) in respect of a contribution of education facilities and a payment of £10,440 (36 x £290) towards upgrading of local open space and recreational facilities.

Unfortunately, following that decision there was a considerable delay in completing that agreement it was considered that the application should be finally disposed of. This procedure is carried out under Article 25 (11) of the Town and Country Planning (General Development Procedure) Order 1995 which enables local planning authorities to effectively withdraw the application with the Authority taking no further action on that application.

DETAILS OF APPLICATION

Members are reminded that proposal is for 36 units split into 4 elements as follows:

· Element 1 (southern area including frontage onto Brookside Road consisting of:

3 terraced houses (2, 2 bed and 2, 3 bed)

2 semi detached houses (1, 2 bed and 1, 3 bed)

1 detached house (1, 3 bed)

2 maisonettes (2, 2 bed)

Total 8

· Element 2 (located on Queens Road frontage immediately to the south of southern boundary of property Brooklands and north of property Hill House) consisting of:

11, 2 bed flats on 2/3 storey block, plots 9-19 inclusive

· Element 3 (located between the eastern boundary of the curtilage of property Brooklands and western boundary of Brook Bank) consisting of:

Symmetrical flat block with central 3 storey element forming bridge over vehicular access including clock tower with 2 storey wings either side providing:

2, 3 bed units and 1, 2 bed units

Total 3

· Element 4 (located on School Green Road frontage between Summerfield Supermarket and number 2 School Green Road) consisting of:

2/3 storey block of 14 flats providing:

11, 2 bed units

3, 1 bed units

Total 14 units

Vehicular access and parking

Development served by 4.5 metre carriage way access off Brookside Road with splay junction and visibility splays. Access road serves total of 38 parking spaces dispersed throughout the site.

Landscaping and footpath provision

Elements 2, 3 and 4 provided with landscape areas particularly in respect of element 4 which has a landscaped area which fronts School Green Road immediately to west of Summerfield Supermarket. Proposal also provides for seating and hard paved landscaping area for communal use.

Footpath provision is provided on the western side of the proposed access road and passes through the proposed seating and hard landscaped area as previously described Footpath continues in a northerly direction directly adjacent western boundary of Brook Bank having a width of one metre widening to 1.2 metres and then widening to 2 metres where the path extends through to Scholl Green Road.

Flats are provided with cycle parking and bin stores appropriately located.

Off site work

Proposal provides for provision of two pinch points to be located within Brookside Road in the form of road narrowing island including signage to form traffic calming in Brookside Road. Proposal also provides for new footbridge to be erected across the brook linking Brookside Road to the existing footpath which runs along the eastern side of Brookside Road parallel to the brook.

Boundary Treatment

Because of changes in level in respect of Element 4 and the adjoining property Brook Bank and number 2 School Green Road, proposal includes for new retaining walls along the northern boundary of Brook Bank. Provision also made for 1.2 metre high brick wall along the western boundary of the property Brook Bank and a 1.8 metre high boundary wall along the eastern boundary of the property Brooklands.

General

Accompanying design statement emphasizes the following:

Proposal provides for a good mix of development although accepts the predominance of flats but insures houses are indicated on the Brookside Road frontage. This results in a relatively high density of development.

Footpath arrangement provides opportunity for occupants to gain easy access through the site between Brookside Road and Scholl Green Road.

Parking provision and its dispersal of parking throughout the site provides the minimum provision for 1 for 1 with spaces conveniently located relative to the units to which they serve.

Traditional design approach has been taken providing a range of dwelling types. Topography of site dictates new buildings are at various levels with particular reference to flats which front School Green Road being set down in the ground to reduce impact on the street scene and to provide better access for pedestrians to the site.

Houses and access road from Brookside Road follow the gradient of the ground to produce a stepped arrangement of units.

Queens Road flats design to step up and way from the adjoining property in part following the ground levels and in part dug in.

Drainage Engineer have been involved in terms of drainage scheme with the result that on site attenuation will be required which will be located to allow vehicular access off a public place. Apart from the School Green Road frontage land remainder will drain to Brookside Brook which involves the construction of a new head wall. It has also been established that there is sufficient capacity in existing sewers to accept the additional foul drainage.

Previous application accompanied by a badger report which effectively recognizes badger activity in the area but not to a degree which that would warrant an objection to the development. It is suggested the applicant consult with English Nature with a view to obtaining a DEFRA licence is sought in respect of this matter.

Confirmation has been received via a letter from Southern Housing Group (Housing Association) who confirmed their involvement with this scheme to the extent that they will be joined in to the legal agreement.

DEVELOPMENT PLAN/POLICY

Site within development envelope boundary.

National policies covered in PPG3 – Housing March 2000 as follows:

· Provide wider housing opportunity and choice by including better mix and size, type and location of housing.

· Give priority to reusing previously developed land within urban areas, taking pressures off green field sites.

· Create more sustainable patterns of development ensuring accessibility to public transport, jobs, education, health facilities etc.

· Make more efficient use of land by adopting appropriate densities with 30 - 50 units per hectare quoted as being appropriate levels of density with even greater intensity of development being appropriate in places with good public transport accessibility such as town centre sites.

· Emphasis on the need for good quality designs.

· New housing development should not be viewed in isolation but should have regard to immediate buildings and wider locality.

· More than 1.5 parking spaces per dwelling unlikely to reflect Government’s emphasis on sustainable residential development.

Relevant local plan policies as follows:

Strategic policies S1, S2, S6 and S7 are appropriate.

Other relevant policies as follows:

G1 – Development Envelopes for towns and villages

G4 – General Locational Criteria for development

D1 – Standards of Design

D2 – Standards for Development within the site

H4 – Unallocated residential development to be restricted to defined settlements

H14 – Locally affordable housing as an element of the housing scheme.

TR16 – Parking policies and guidelines

TR7 – Highway Considerations for new Development

TR6 – Cycling and Walking

U11 – Infrastructure and Services Provision

U2 – Ensuring adequate educational, social and community facilities

Reference also made to housing need survey which whilst acknowledging need for single person accommodation also identifies ongoing demand for two and three bedroom units to meet statutory homeless requirements.

Site located within parking zone 3 which stipulates maximum parking provision of 0-75% of parking guidelines.

Brookside Road is not identified as being within a flood plain area.

CONSULTEE RESPONSES

Although the Highway Engineers comments have yet to be received, proposal is the same as previous application including traffic calming features in Brookside Road etc. All of these were subject of discussions with the Highway Department who therefore, will have no option but to support the proposal subject to condition.

Environment Agency raise no objection to the proposal being satisfied that the calculations submitted sufficiently attenuate the rate of discharge from the site and also recommend that applicants confirm that soakaways have been adequately designed to construct taking into account the potential fluctuations in ground water level.

Southern Water have not been consulted however, reference is made to their previous comment which is itemised as follows:

Surface water should be kept out of the existing sewer system thus freeing up foul water capacity for the new development there being no separate surface water sewers in the area. Southern Water confirms that their records do not indicate any flooding incidents in the area.

They concluded as follows: “there seems some uncertainty about the disposal of surface water. We would not want any highway water discharged into the combined sewers.” Any SUDS system is not possible to be adopted by Southern Water but they recognize that this could be the best solution if the soil is suitable.

Council’s Contamination Officer recommend appropriate conditions should application be approved.

PARISH/TOWN COUNCIL COMMENTS

Freshwater Parish Council does not object but would ask that the education grant for each unit be allocated for local school needs. Consideration should be given to a traffic management plan and the fact that the development would be on a safe route to schools. They also feel that the three storey elevation on Queens Road is too over powering for the area and would prefer to have only two storey.

THIRD PARTY REPRESENTATIONS

Four letters of objection have been received, three from Queens Road residents and one from Brookside Road resident. Points raised are summarized as follows:

· Pressures on existing infrastructure with particular reference to drainage system.

· Concern that development will exacerbate potential flooding problems.

· Additional traffic generated by this development will impact on the local road system to the detriment of road safety.

· Proposal likely to result in additional pressures in respect of on street parking, with particular reference to element 2 flat block which faces Queens Road which may increase those pressures due to the entrance being off Queens Road.

· One objector expresses concern at the loss of the hotel premises and the impact that, that may have on the tourism industry which could further impact on the viability of local retail businesses.

· The general height and mass of the centrally located block (element 3) is considered to be excessive having an over dominant and overlooking affect on neighbouring property. Reference is also made to the unnecessary clock tower feature.

EVALUATION

Members will note that this is an exact repeat of the previous application of April 2004 and because the proposal exceeds 20 units and in accordance with agreed procedures the application has to be determined by Committee. The reason the previous application was "Finally disposed of" by the Authority was that a judgment was made that the application appeared to be making no progress despite a number of reminders and on the basis that the Authority simply cannot allow an application to be held in abeyance indefinitely a not unreasonable decision was made to finally dispose of the application. This to some extent has had the desired effect for the applicant has immediately submitted a similar application, which, because of the limited time period had to be submitted within an very short period in order to take advantage of a “free go”.

It is understood that the matters which have caused delay in respect of the Section 106 Agreement have largely been resolved and I am advised that Agreement signature should be quickly achieved. However, recent advice suggests that planning authorities are able to apply conditions to any consent requiring subsequent completion of a planning obligation. Such a condition should be worded as a Grampian condition effectively preventing implementation of any development until a planning obligation has been completed. I suggest that this application provides a valuable example of where such a condition can be applied.

In order to remind Members of these proposals themselves, I summarise the previous evaluation as follows:

Principal/Density

This application is a good example of land assembly a procedure which is encouraged within PPG3 with the site being a brown field urban site in close proximity to the town centre.

In terms of density because of the predominance of flatted development the density is 80 units per hectare again not unreasonable given the site’s location close to the town centre and fully in accordance with PPG3 Advice.

Layout Access and Parking

The original layout was subject of extensive negotiation which resulted in a reduction from 39 to 36 units. The various elements of the development pay particular attention to general characteristics of the area and it was considered that mass and height and general location of the various elements were acceptable.

Similarly in terms of access which was subject of negotiations involving the highway department resulting in the introduction of traffic calming measures and the provision of footbridge all as previously described. Similarly with regard to the new access road which has been aligned to serve the potential for further development on the eastern side but also has been aligned to ensure traffic calming. The road also provides turning space with reference for space for larger vehicles to turn and service the site with particular reference to fire appliances and refuse vehicles.

Block which fronts Queens Road reflects a continuation of the terraced theme of development. This block indicates direct access onto Queens Road however, inevitably this could result in further pedestrian access from the rest of the site. The design of the footpath however, has been deliberately aligned to discourage that type of access occurring. Proposal also provides for a metre wide footpath to link to the existing footpath on the eastern side of Queens Road.

With regard to element 3, being a block within the car parking area, this provides a link to the main block of flats on the School Green Road frontage. This block provides only three units of accommodation although does have a central bridging unit which stands three storeys high.

With regard to the School Green Road frontage development, this has been carefully considered to reduce impact on the property Brook Bank and take advantage of the wider element of the site by using an L shape. The landscaped area to the east along with the shape of the unit will create a pleasant visual impact when approaching from the south east along School Green Road.

Provision of parking provides for one parking space per unit plus two additional visitors spaces which is considered acceptable particularly given the majority of units provide two bedroom accommodation and any occupiers would purchase with the knowledge there is only one parking space available. Parking spaces have been purposely split into small groups interspersed with landscaping features to provide a court yard appearance which can be achieved providing appropriate surface treatments are applied which can contribute to the visual amenities of the development.

Finally, the link footpath through to School Green Road is considered essential to encourage easy access to the town centre and retail and business facilities. It is considered unlikely that this will be used only by anybody other than residents of the site, however there are clearly no guarantees.

Design, mass and impact

Each element has been traditionally designed with brick finished walls and pitched slated roofs. Cottage style architecture has been used in respect of the properties on the Brookside Road frontage with corner aspect being fully acknowledged.

Levels of the site have also been used appropriately ensuring two storey elements adjacent to existing terraced cottages particularly in Queens Road.

Use of screen walls along with obscure glazed lower half of first and second floor windows will be sufficient to address overlooking concerns.

Flat block which fronts School Green Road was again subject of extensive negotiations resulting in reduced height. Also flat block has been deliberately placed in the western area of the site to reduce impact on detached property Brook Bank. Such height and mass is compatible with the mainly Victoria buildings opposite the site.

Drainage

Drainage issues have been satisfactorily resolved evidence by the supporting level from the Environment Agency. This apart however, I consider appropriate conditions should still be applied requiring full calculations to be submitted prior to work commencing.

Landscaping

Type of development results in a considerable amount of hard landscaping however, applicants have been encouraged to introduce pockets of landscaping within the parking

areas with particular regard to retaining landscape margins where parking areas abut adjoining properties.

As already stated parking areas play an important role in this development in visual terms contributing to the overall visual appearance of the development. Introduction of seated and paving areas also contribute to the sense of place and sense of community which it is hoped, will result from this development. Finally the provision of the open space area on the School Green Road frontage represents an important area within an otherwise built up street scene.

Applicants have indicated use of brick boundary walls where they abut adjoining properties, Brook Bank and Brooklands. Conditions will also be repeated retaining the existing boundary walls in School Green Road frontage. Similarly, with regard to bins stores and cycle parking which is an essential requirement for flatted developments.

Conditions will also be applied relating to the submission of a lighting scheme for the car parking areas with any such scheme ensuring that areas are adequately lit without causing light spillage problems in respect to adjoining properties.

Financial Contributions and Provision of Affordable Housing

Since the previous determination to approve this proposal Supplementary Guidance has been produced in respect of the affordable housing which if applied to this current application would require a 30% provision as opposed to the 20% provision which previously applied. The implications of apply such a percentage requirement would mean a need for three additional affordable housing units as a proportion of the development.

Negotiations have been taking place with the Housing Association as part of the Section 106 process and virtual agreement has been achieved and therefore I would not wish to jeopardise that process and therefore jeopardise the viability of the scheme by applying the 30% provision at this time. A wider aim has to be deliverability of housing and therefore I consider it is reasonable to apply the original policy in the UDP to this development given the site’s history. Costings for the development would have factored in the 20% provision not 30% provision. Therefore, I recommend no change to the recommendation in terms of provision of affordable housing provided eight affordable housing units are provided.

I understand that current negotiations with the Housing Association have agreed the provision of six rented units with further negotiations needed to ensure a further two units which may be in the form of shared ownership. I consider that this would be a reasonable mix on this site.

With regard to the financial contributions again, changes have occurred in terms of the education contribution which is now based on levels of capacity in individual areas. At the time of the previous application the contribution was set at one level ie £900 per unit. Again, for the same reason as above, I consider the application of the original figure of £900 per unit to be a reasonable stance in this case again given the planning history of the site.

HUMAN RIGHTS

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations as described in the evaluation section of this report, I am satisfied that apart from issues relating to affordable housing and financial contributions, the same material considerations are involved all of which were carefully considered at the time. This is a good example of land assembly and that this proposal will make a significant contribution to provision of housing in Freshwater and more importantly also provide affordable housing. I continue to be of the view that the design, mass and scale are considered appropriate and this coupled with appropriate drainage solutions lead me to the view that there should be no change in the approval recommendation.

1. RECOMMENDATION – Approval (Subject to Section 106 Agreement covering the provision of eight affordable housing units in line with the Council’s policy of H14, the payment of £32,400 (36 x £900) in respect of contribution to education facilities, and payment of £10,440 (36 x £290) towards upgrading of local open space and recreational facilities.)

Conditions/Reasons:

1	Time limit - full - A10
2	The development permitted by this planning permission shall not be initiated by the undertaking of a material operation and defined in Section 56 (4) (a) - (d) of the Town and Country Planning Act 1990 in relation to the development, until a planning obligation pursuant to Section 106 of the said Act relating to the land has been made and lodged with the Local Planning Authority and the Local Planning Authority has notified the person submitting the same that it is to the Local Planning Authority's approval. The said planning obligation will provide for: a) minimum of 8 affordable housing units b) a sum of £32,400 (36 x £900) to be paid to the Local Planning Authority as a contribution to education facilities c) the payment of £10,440 (36 x £290) to be paid to the Local Planning Authority for the purposes of upgrading local open space and recreation facilities. Reason: To ensure adequate provision of a) locally affordable housing, b) education facilities and c) open space and recreation facilities in compliance with Policy H14 (Locally Affordable Housing as an element of housing schemes and Policy U2 (Insuring adequate Educational, Social and Community Facilities for the future population)of the IOW Unitary Development Plan.
3	Construction of the building(s) hereby permitted shall not commence until a schedule of all materials and finishes to be used for the external roofing and walls of the same has been submitted to and approved in writing by the Local Planning Authority. Thereafter only such approved materials and finishes shall be used in carrying out the development. Reason: In compliance with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
4	No development shall take place until samples of the materials 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 compliance with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
5	Before the development commences a soft and hard landscaping scheme shall be submitted to and approved by the Local Planning Authority. Such scheme shall specify position, species and size of trees and shrubs to be planted along with the phasing and timing of such planting, and shall include provision for their maintenance during the first 5 years from the date of planting. The scheme shall also include details of the type, colour and texture of any block paving and shall ensure that the parking spaces are clearly marked within the car parking layout. Such hard and soft landscaping shall be carried out in accordance with the agreed details. Such landscaping scheme shall include for hedge planting of agreed species along the landscape margin to rear of parking spaces 21-26 inclusive and 31-34 inclusive indicated on the plan hereby approved. The scheme shall be include for an agreed long term schedule of management and maintenance responsibilities which shall be put into place prior to the occupation of units 9-36 inclusive. Reason: To ensure the appearance of the development is satisfactory and to comply with Policy D1 (Standards of Design) and D3 (Landscaping) of the IW Unitary Development Plan.
6	No development shall take place until a detailed scheme including calculations and capacity studies has been submitted to and agreed with the Local Planning Authority indicating the provision of a surface water regulation system. Such details shall indicate where appropriate the location of any surface water attenuation containment proposals and treatment of outflow into the stream on the southern side of Brookside Road, with any such outflow indicating methods of flow restraints. The regulation system for the site must ensure that the run-off from the 1% probability storm is controlled and will restrict the outflow to that which would have occurred had the site been a greenfield. The scheme shall include a maintenance programme and establish ownership of the storage system for the future, and no dwelling shall be occupied until such an agreed surface water regulation system has been completed. Reason: To ensure an adequate system of storm water drainage is provided for the development and to prevent flooding in compliance with Policy U11 (Infrastructure and Services Provision) and Policy G6 (Areas Liable to Flooding) of the IW Unitary Development Plan.
7	No surface water drainage shall discharge into the existing combined sewer in Brookside Road. Reason: To prevent flooding in compliance with Policy U11 (Infrastructure and Services Provision) of the IW Unitary Development Plan.
8	No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the position, design, materials and type of boundary treatments to be erected in respect of Plots 1-8 inclusive. The boundary treatment shall be completed before Plots 1-8 are occupied. Development shall be carried out thereafter in accordance with the approved plans. Such boundary treatment shall include the northern boundary of the adjoining property Hill House adjacent parking spaces 14 and 15. Reason: In the interests of maintaining the amenity value of the area in compliance with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
9	Prior to occupation of 9-22 inclusive, the area set aside for public seating with fountain and landscaping indicated on the plan hereby approved shall be completed in accordance with scheme to be agreed with the Local Planning Authority. Such a scheme shall include management responsibilities and maintenance schedules. Reason: In the interests of the amenities of the future occupiers of the development in compliance with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
10	Prior to commencement of work details shall be submitted to and approved by the Local Planning Authority of the proposed retaining walls along the southern and western boundaries of the flat block 23-36 inclusive. Such details shall include material finishes and boundary heights over. Such retaining walls shall be agreed and thereafter constructed in accordance with those details prior to occupation of these flats. Reason: In the interests of the amenities of the neighbouring properties in compliance with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
11	None of the flats hereby approved shall be occupied until details of any lighting to be installed in respect of the car park areas have been submitted to and approved in writing by the Local Planning Authority. Such lighting schemes shall be carried out in accordance with the approved details. Reason: In the interests of future occupiers and adjoining property owners in compliance with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
12	Prior to commencement of work details shall be submitted to and approved by the Local Planning Authority of the proposed footbridge on the southern side of Brookside Road as indicated on the plan hereby approved. Such details shall include structural details, material finishes, accurate levels and long term maintenance responsibilities. The bridge shall be constructed in accordance with those agreed details prior to occupation of any of the dwellings hereby approved. Reason: In the interests of the amenities of the area in compliance with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
13	Prior to occupation of flat Nos. 25, 26, 27, 28, 29 and 33, the lower half of all south facing windows within those flats shall be permanently fixed non-opening, and shall be finished in permanent obscure glazing, all of which shall be retained and maintained thereafter. Reason: To protect the privacy of the neighbouring property in compliance with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
14	Prior to occupation of flats 11, 12, 17, 13, 14 and 19 the lower half of the north facing windows within those flats shall be permanently fixed non-opening and shall be finished in permanent obscure glazing, all of which shall be retained and maintained thereafter. Reason: To protect the privacy of the neighbouring property in compliance with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
15	No development approved by this permission shall be commenced until a scheme for the disposal of foul water sewage has been agreed with the Local Planning Authority and no dwelling shall be occupied until the agreed foul sewage system has been completed. Reason: To ensure adequate foul water system is in place in compliance with Policy U11 (Infrastructure and Services Provision) of the IW Unitary Development Plan.
16	Details of the design and construction of any new roads, footways, accesses, car parking areas together with details of the disposal of surface water drainage shall be submitted to, and approved by, and thereafter constructed to the satisfaction of the Local Planning Authority. 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
17	No dwelling shall be occupied until those parts of the roads and drainage system which serve that dwelling have been constructed in accordance with a scheme agreed by the Local Planning Authority. Reason: To ensure an adequate standard of highway and access for the proposed dwellings and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
18	Prior to occupation of the development hereby approved, the roadside boundary of the site shall be lowered to a maximum of 1 metre in height above existing road level over the whole frontage and shall be maintained thereafter at a height no greater than 1 metre. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
19	Occupation of any of the residential units hereby approved shall not take place until parking spaces serving these units are available for use and such spaces shall be kept available thereafter. Reason: To ensure adequate off-street parking provision in compliance with Policy TR16 (Parking Policies and Guidelines) of the IW Unitary Development Plan.
20	The dwelling(s) / building(s) / development hereby approved shall not be brought into use until provision has been made within the site for the secure (and covered) parking of a minimum of (number) bicycles. Such provision shall be made in the form of ‘Sheffield’ hoops, unless otherwise agreed in writing by the Local Planning Authority, and shall be retained thereafter. Reason: To ensure adequate provision for the parking of bicycles and to comply with Policy TR6 (Cycling and Walking) of the IW Unitary Development Plan.
21	The development shall not be brought into use until a turning space is provided within the site to enable vehicles to enter and leave the site in forward gear in accordance with details to be agreed in writing by the Local Planning Authority. This space shall thereafter always be kept available for such use. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
22	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 desk-top study documenting all previous and existing land uses of the site and adjacent land in accordance with national guidance as set out in Contaminated Land Research Report Nos. 2 & 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 timetable, monitoring proposals and a remediation verification methodology. 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. 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. Reason: To protect the environment and prevent harm to human health by ensuring that where necessary, the land is remediate to an appropriate standard in order to comply with Part 3 (Restoration of Contaminated Land of the IOW Unitary Development Plan.
23	Prior to occupation of the flats 9-22 inclusive the 1.8 metre high brick boundary wall which forms the boundary between the property Brooklands and the application site as indicated on the plan hereby approved shall be erected and shall be retained as such thereafter. Such wall shall be finished in materials to be agreed with the Local Planning Authority. Reason: In the interests of future occupiers and adjoining property owners in compliance with Policy D1 (Standards of Design) of the IOW Unitary Development Plan.
24	Prior to occupation of flats 20-22 inclusive the 1.2 metre high boundary brick wall indicated between Brookbank and the application site shall be erected and shall be retained as such thereafter. Such wall shall be finished in materials to be agreed with the Local Planning Authority. Reason: In the interests of future occupiers and adjoining property owners in compliance with Policy D1 (Standards of Design) of the IOW Unitary Development Plan.

2. RECOMMENDATION - That letter be sent to applicants requesting the submission of a construction traffic methodology statement ensuring that site works are carefully managed to cause least disturbance to local residents and to draw applicants' attention to the need to address the Party Wall Act of 1996.

The applicant be advised to consult with English Nature with a view to obtaining a DEFRA licence in respect of badger activity.

11.

TCP/25288/A P/00480/04 Parish/Name: Rookley Ward: Central Rural

Registration Date: 04/03/2004 - Full Planning Permission

Officer: Mr. A. White Tel: (01983) 823550

Applicant: F Stay & Co

Amendments to approved pair of semi-detached houses ref: TCP/25288 (revised scheme) (readvertised application)

land adjacent Rookley Manor, Niton Road, Rookley, Ventnor, PO38

REASON FOR COMMITTEE CONSIDERATION

Given the contentious nature of site and previous Committee involvement, it was considered appropriate to report this application to Members.

LOCATION AND SITE CHARACTERISTICS

Site previously formed part of the garden area to Rookley Manor which is situated on the west side of Niton Road, approximately 150 metres south of its junction with the main Newport to Shanklin road. Site is irregular in shape, with frontage of approximately 17 metres and overall depth in the region of 47 metres. Work commenced on the development soon after the original grant of consent in March 2003, but has stopped at first floor level leaving exposed timber frame in position.

Northern boundary to site, which is currently subject to a dispute regarding its exact position, is defined by a recently erected 1.8 metre high close boarded fence.

Surrounding area can be described as having a mixed residential character. Immediately to the south is Rookley Manor which is a two storey stone and slate building which, although not listed, is a character property fronted by a boundary wall with iron railings over. To the north is a two storey dwelling of modern appearance.

RELEVANT HISTORY

TCP/25288 - P/2255/02 – Pair of semi detached houses on land adjacent Rookley Manor. Conditional consent granted in March 2003 following a Committee site inspection.

It was discovered during the early stages of construction work that the houses were not being built in accordance with the approved plans. Firstly, floor level was measured as being 0.9 metres higher than shown on the approved plan. Secondly, development appeared closer to the northern boundary than that shown on the approved plan. Developer was therefore advised that such deviations could not be treated as a minor amendment to the approved scheme, and was invited to make a fresh application in this respect.

DETAILS OF APPLICATION

Full consent is now sought for amendments to the pair of semi detached houses approved under TCP/25288. The amendments in question relate to the finished floor level and position relative to northern boundary.

Concerning change to floor level, agent confirms that this has been dictated due to the fact that sewer connection had to be made at a higher level than originally anticipated. This resulted in actual floor level being 0.9 metres higher than shown on the approved plan. To compensate for this increase in floor level, plans show that 0.87 metres of this increase would be accommodated within the fabric of the houses through reducing eaves and ceiling height. As a result, ridge height would be little different to that shown on the approved plan.

In terms of position, it would appear that actual siting does not differ significantly, if at all, relative to that shown on the approved plan. The discrepancy in this instance is historical uncertainty as to exact position of northern boundary between application site and neighbouring property known as Leverets Walk. Agreement cannot be reached in respect of distance between north facing wall of development and respective boundary. Depending on the outcome of dispute, the developer may not be able to comply with access requirements under Building Regulations and therefore now indicates a door on the front of plot 2 in addition to the door in the side (north) elevation originally intended as the principal door. Revised plans also show that the ground floor section of the north facing wall to plot 2 would be slightly recessed in order to achieve greater width between flank wall and northern boundary.

Other than slightly lower eaves level, front door to plot 2 and recessed brickwork mentioned above, scale, mass and design is shown to be much the same as that approved in March 2003.

DEVELOPMENT PLAN/POLICY

Site is within the development envelope as designated on the Rookley inset of the IOW Unitary Development Plan (UDP). The same inset also confirms that the site is within the AONB. The following policies are considered relevant to the determination of this application:

S1 - New Development will be concentrated within existing urban areas

S6 - All development will be expected to be of a high standard of design

G1 - Development envelopes for towns and villages

G4 - General Locational Criteria for developments

D1 - Standards of Design

D2 - Standards for Development within the site

D3 - Landscaping

H4 - Unallocated residential development to be restricted to defined settlements

H5 – Infill Development

TR7 - - Highway Considerations for new development

TR16 – Parking Policies and Guidelines

C1 - Protection of Landscape Character

CONSULTEE RESPONSES

Highway Engineer considers there to be no highway implications.

AONB Officer raises no objection.

PARISH/TOWN COUNCIL COMMENTS

Rookley Parish Council list numerous concerns that were considered at the time of the original application, but not considered relevant to the determination of this revised proposal.

Concerns of relevance to the amended proposal can be summarised as follows:

· Disputed side access is inadequate for disabled access.

· Proposed roof could be problematical.

· Plan measurements are inconsistent.

· The changed position for the dwellings in the current plans is unacceptable

THIRD PARTY REPRESENTATIONS

Campaign to Protect Rural England (CPRE) comment that the fears and objections raised in respect of the original application have been fully realised since work commenced. Opportunity is also taken to object to the principle of developing a pair of semi detached houses on this site. It is also stated that close attention was given to the original design so that window and door levels matched in a specific way to corresponding levels of adjoining properties. Although revised proposal seeks to minimize increase in height by keeping ridge height as low as possible, this has failed to address the change to window and door positions which no longer appear proportionate to adjoining properties. As a result, revised proposal appears completely contrary to the intent of the original plans and of the wishes of the Development Control Committee and therefore should not be permitted. There would appear to be no alternative other than to refuse consent and to require complete demolition. It is suggested that a single dwelling would be more appropriate for this site.

A total of 24 letters have been received from 17 local residents objecting on grounds which can be summarized as follows:

· Dwellings are being built higher than approved

· Destroy ambience of former wildlife retreat.

· Over dominant relative to Leverets Walk.

· Developer should be made to build in accordance with approved plans.

· Wrong position.

· Inadequate pedestrian access to building, contravening Building Regulations.

· Inaccurate plans.

· Entirely out of place.

· Plot is too small.

CRIME AND DISORDER IMPLICATIONS

No crime and disorder implications are anticipated.

EVALUATION

Site is within the development envelope for Rookley as identified on the UDP and is subject of consent for a pair of semi detached houses which are currently under construction. It is because that two discrepancies were identified during the early stages of construction that this amended application has been submitted to regularise the situation.

These discrepancies relate to floor level and proximity to the northern boundary.

In determining this application, Members must set concerns regarding principle, over development, wildlife etc to one side and focus solely on the amendments at hand. Members will also note that this amended application has generated a considerable level of local opposition in a similar fashion to the approved scheme. This, however, should not cloud the issue under consideration, that being whether the amendments in question would result in a form of development that would be detrimental to neighbours or surrounding area in general when compared to the approved development.

Each amendment will be briefly explained before discussing the merits of these in turn. Firstly, it became apparent during construction work that floor level is actually 0.9 metres higher than that shown on the approved plans owing to the limited depth of an underground sewer connection. In an effort to minimise the physical impact of raising the entire building by the same amount, the agent has indicated on submitted drawing that 0.87 metres would be lost within the fabric of the building through reduced ceiling height and lower eaves level. Window and door heights would inevitably be higher than shown on the approved plan, but the difference in ridge height would be barely noticeable.

The second amendment relates to the position of the houses relative to the northern boundary. The proposed site plan confirms that the level of separation between development and adjoining houses to the north and south would be the same, that being 11 metres and 12 metres respectively. This amendment has resulted from a dispute regarding the position of the northern boundary after the developer had erected a new fence. The dispute centres around the position of the boundary and resulting gap between the fence and flank wall of plot 2. The minimum gap that could result is 0.34 metres, which would not comply with building regulation requirements for a 0.9 metre wide access to serve the main door in the north facing wall. The agent therefore proposes to recess part of the ground floor flank wall in order to widen the access route to the side door and to install a door in the front elevation as well. He has also served the requisite landownership certificate on the owner of Leverets Walk in the event that the neighbour does own a section of land on the development side of the disputed boundary.

Concerning the amendment to floor levels, main consideration is whether proposal would appear out of context in the street scene, either in terms of height or design. Although floor level has been raised by 0.9 metres, increase in ridge height would be negligible as agent has adjusted eaves and ceiling heights to compensate. Therefore, in height terms, proposed amendment would be barely noticeable with proposed ridge line sitting comfortably between respective height of adjoining buildings.

In terms of design implications of this particular amendment, CPRE comment that close attention was given to window proportions relative to adjoining properties, particularly Rookley Manor. The approved street scene indicates that both ground and first floor windows of development would appear much lower than respective windows to adjoining properties. The proposed street scene indicates that proposed windows would sit slightly below those at Rookley Manor and slightly above those at Leverets Walk, almost to the point where window heights differ according to the sloping nature of Niton Road. Accordingly, I am satisfied that the amendment in respect of floor level and associated design changes complies with policy D1 of the UDP in so far as it would respect distinctiveness of the surrounding area and of a height which would be compatible with surrounding buildings.

The amendment in respect of the site plan relates to the position of the northern boundary and not the dwellings. Although proposed dwellings would potentially be within 0.5 metres of the common boundary, it should be noted that the space between new houses and Leverets Walk would be the same as approved, i.e. 11 metres. The only difference in the street scene would therefore be the position of the new fence.

The uncertainty surrounding boundary dispute has raised issues in respect of access to the house on plot 2 as main door is shown as being in the north facing wall. Initially, agent indicated that part of ground floor flank wall would be slightly recessed to afford necessary access. This is considered aesthetically acceptable as plans also make provision for a brickwork corbel on the front corner which, in my opinion, would be sympathetic to the overall design of the houses. However, it would now appear that this recessed area may not be sufficient to satisfy access requirements. A further revised plan has therefore been submitted showing a door within the front elevation of plot 2. Again, this is a relatively minor amendment to the front elevation that, in my opinion, would not undermine the external appearance of the proposed development.

It is claimed by objectors, particularly the neighbours at Leverets Walk, that submitted drawings are inaccurate. Minor discrepancies were noted following examination of plans and taking levels/measurements on site, and revised plans were duly submitted to account for this. Although one neighbour continually expresses concern in this respect, I am satisfied that the latest set of plans before Members are an accurate representation. The distance between the building and highway is accurate and the street scene corresponds with levels taken, finished floor levels and building height. The exact position of the northern boundary cannot be shown owing to the ongoing dispute, so the plan before Members indicates the boundary line as it currently exists. The appropriate land ownership certificate has been served to account for uncertainty surrounding dispute. Otherwise, this is a private matter that must have no influence on the outcome of this application.

Taking the above into consideration, it is my view that the amendments in question would not result in development that would appear out of keeping in the street scene or detrimental to the amenities enjoyed by adjoining property occupiers. Whilst appearing controversial owing to number of representations received, it must be borne in mind that development has previously been accepted on this site and that the differences between that approval and the proposal do not, in my view, represent a retrograde step. Accordingly, proposed houses in their amended form accord with policies contained within the UDP.

HUMAN RIGHTS

JUSTIFICATION FOR DECISION

Having given due regard and appropriate weight to all material considerations referred to in this report, it is considered that the proposed amendments would not result in development that would appear visually intrusive in the street scene or detrimental to adjoining property occupiers. The increase in floor level has been compensated for by altering eaves and ceiling heights and the dispute in respect of the northern boundary is essentially a private matter between the developer and the owner of Leverets Walk, as the exact position of this boundary has little bearing on the appearance of the development in the street scene. Accordingly, this application is before Members with a recommendation for approval.

RECOMMENDATION - Approval (Revised Scheme)

Conditions/Reasons:

1	The dwellings hereby approved shall be constructed of Hurstwood multi stock bricks under Westland dark grey Canadian slates, unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the amenities of the locality and to comply with Policy D1 (Standards of Design) of the IOW Unitary Development Plan.
2	The dwellings erected pursuant to this permission shall include decorative fretwork fascia boards and bargeboards of similar design to those of the existing Rookley Manor adjacent and details of the decorative fretwork shall be submitted to and approved in writing by the Local Planning Authority within one month of the date of this approval. Reason: To protect the character and appearance of the adjacent building and to comply with Policy D1 (Standards of Design) of the IOW Unitary Development Plan.
3	Withdraw PD rights alterat/extens/etc - R02
4	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order, with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of the character and amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
5	The windows included on the north elevation at first and second floors shall be glazed and thereafter maintained in obscure glass. Reason: In the interest of the amenities and privacy of the adjoining property occupiers and to comply with Policy D1 (Standards of Design) of the IOW Unitary Development Plan.
6	No dwelling shall be occupied until space has been laid out within the site for cars to be parked and for vehicles to turn so that they may enter and leave the site in a forward gear in accordance with details to submitted to and agreed in writing by the Local Planning Authority. Such provision shall be retained thereafter. Reason: To ensure adequate parking provision in the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IOW Unitary Development Plan.
7	The driveways shall be constructed of porous materials and shall be retained in that condition thereafter. Reason: To ensure adjacent trees are not adversely affected by the driveway and to comply with Policy C12 (Developments affecting trees and landscape) of the IOW Unitary Development Plan.
8	Within one month of the date of this consent, details shall be submitted of a permanent barrier to be erected around the base of each tree forward of the approved dwellings. None of the dwellings shall be occupied until such agreed scheme has been fully implemented which shall be retained and maintained thereafter. Reason: To ensure adjacent trees are not adversely affected by the driveway and to comply with Policy C12 (Developments affecting trees and landscape) of the IOW Unitary Development Plan.
9	The finished ground floor level of the dwellings hereby approved and the external ground levels described in the development hereby approved shall be carried out strictly in accordance with the approved plans. Reason: In the interests of the amenities of the area and in accordance with Policy D1 of the Isle of Wight Unitary Development Plan.
10	In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of (1 year) from (the date of the occupation of the building for its permitted use). (a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work); (b) If any retained tree is removed, uprooted or destroyed or dies, a replacement tree shall be planted in the same place, or place to be agreed and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority. Reason: To ensure the protection of the trees to be retained in the interests of the amenities of the area and to comply with Policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.
11	Protection fencing erected pursuant to condition 14 on TCP/25288/P/2255/02 shall be maintained throughout the course of the works on the site, during which period the following restrictions shall apply: (a) No placement or storage of material; (b) No placement or storage of fuels or chemicals. (c) No placement or storage of excavated soil. (d) No lighting of bonfires. (e) No physical damage to bark or branches. (f) No changes to natural ground drainage in the area. (g) No changes in ground levels. (h) No digging of trenches for services, drains or sewers. (i) Any trenches required in close proximity shall be hand dug ensuring all major roots are left undamaged. Reason: To ensure that trees, shrubs and other natural features to be retained are adequately protected from damaged to health and stability throughout the construction period in the interests of amenity and to comply with Policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.

12.

TCP/25836/C P/01808/04 Parish/Name: Calbourne Ward: Brighstone and Calbourne

Registration Date: 25/08/2004 - Full Planning Permission

Officer: Miss. S. Gooch Tel: (01983) 823568

Applicant: Park Resorts Ltd

Provision of 14 static caravan bases

Thorness Bay Holiday Park, Thorness Lane, Cowes, Isle Of Wight, PO318NJ

REASON FOR COMMITTEE CONSIDERATION

When consulted under the delegating procedure local member Councillor Mrs Wareham requested that the application is considered by the committee as she raises concerns in respect of over development, drainage and increased flows, generation of traffic, infrastructure, inadequate access, and whether the caravans will be legitimately used as holiday accommodation.

PROCESSING INFORMATION

This is a minor application, the processing of which has taken 24 weeks to date and has gone beyond the prescribed eight week period for determination of planning applications due to case officer workload and the request from the local member for Committee consideration.

LOCATION & SITE CHARACTERISTICS

Thorness Bay Holiday Park is a substantial tourist site offering accommodation in static caravans, and chalets with support facilities adjoining the northwestern coastal slope, immediately north of South Thorness Farm. The site is divided into two distinctive sections, the large static caravan and chalet area to the east with a smaller area of concrete chalets and swimming pool building in the western part of the site, separated from the main area by an existing landscape belt. To the south is an existing well established hedgerow beyond which is open farm land to the south.

RELEVANT HISTORY

TCP/20324/R - Full planning permission was conditionally approved September 2002 for demolition of 22 chalets and outdoor swimming pool; formation of sixty four static caravan bases (revised plans).

DETAILS OF APPLICATION

Consent is sought for the provision of fourteen static caravan bases. Ten of these spaces are located west of the existing landscape belt and the remaining four will sit south of an existing tarmaced/gravelled access road. It is also the applicants intention to provide fourteen parking spaces with associated landscaping. The proposed caravan bases would be located well within the site, surrounded by existing static caravans.

DEVELOPMENT PLAN/POLICY

Site is located within tourist development area as defined on the Unitary Development Plan and is within an Area of Outstanding Natural Beauty and the Heritage Coast. Nodes Point Meadow (SINC) lies south of application site outside the curtilage of the holiday camp. Coasted fringe is designated as a Site of Special Scientific Interest, SINC and is also of European Importance.

Relevant policies of the plan are considered to be as follows:

S4 The Countryside will be protected from Inappropriate Development

S6 All Development will be expected to be of a High Standard of Design

S10 Designated or Defined Areas/Landscapes

G4 General Locational Criteria for Development

G5 Development Outside Defined Settlements

D1 Standards of Design

D2 Standards for Development Within The Site

D3 Landscaping

D14 Light Spillage

C1 Protection of Landscape Character

C2 Areas of Outstanding Natural Beauty

C4 Heritage Coast

C8 Nature Conservation as a Material Consideration

C9 Sites of International Importance for Nature Conservation

C10 Site of National Importance for Nature Conservation

T1 The Promotion of Tourism and the Extension of The Season

T3 Criteria for the Development of Holiday Accommodation

T6 Permanent Accommodation Sites

TR7 Highway Considerations for New Developments

U11 Infrastructure and Services Provision

CONSULTEE RESPONSES

The Highway Authority does not wish to comment on this application as they do not envisage any Highway implications.

Licensing Enforcement Officer advises that if permission is granted the applicant will need to contact his department to amend the caravan site licence.

After consulting with the AONB Officer they raise some concerns that the current arrangement has been squeezed to accommodate the additional caravan and do have some reservations about the principle on increasing the number of caravans. They also advise the siting of the caravans within protected landscape needs to be carefully considered to ensure that they are not intrusive in the landscape.

English Nature advise that Thorness Bay is designates as a cSAC, SPA, Site of Special Scientific Interest etc and is suffering some damage from recreational disturbance - four wheel drive, trikes and go-karts.

PARISH/TOWN COUNCIL COMMENTS

Calbourne Parish Council strongly object to this proposal as it would result in inappropriate development of static caravans in the countryside, detrimental to the visual amenities and character of the area. The increase in number would cause further density of the site, lack of privacy and increase in traffic.

THIRD PARTY REPRESENTATIONS

A petition of some 53 signatures has been received, some of which involving two signatures for one unit/property, on the inadequacy of the access and by putting down further basis will add to the problem and cause more traffic congestion.

1 letter of objection received and the points raised are summarised as follows:

· Original plan showed a hedge being planted between their house and the camp

· Site is now a village of low cost housing and people don't comply with the eight week occupation restriction

· Site is already overcrowded.

CRIME & DISORDER IMPLICATIONS

No crime and disorder implications are anticipated.

EVALUATION

In policy terms, the Unitary Development Plan seeks to encourage development of holiday accommodation where such development is associated with an existing permanent accommodation site and particularly when existing accommodation is upgraded, extension of tourist season promoted and that the Council is satisfied that development will be retained for holiday use. Generally speaking Policy T1 (The Promotion of Tourism and the extension of The Season) promotes and supports tourism provided any detrimental or adverse impact is minimised.

The site is identified as a permanent holiday accommodation site and therefore its development will be acceptable under Policy T3 (Criteria for the Development of Holiday Accommodation), on the basis that it will be associated with an existing permanent accommodation site. Should Members be minded to approve the application, occupancy of the caravans would be limited to holiday purposes by a condition of the consent.

Of particular importance is Policy T6 which states that expansion of existing permanent accommodation sites will be approved providing they adjoin or are directly related to the existing built facilities, do not detract from their surroundings, enhances the environment or improves the visual appearance of the site and if new or replacement units are proposed there design and appearance are appropriate and resultant density of the site does not adversely affect rural character of the area.

The additional static basis are located within the site and the proposed layout mirrors the linear characteristics of nearby units and Policy T6 does allow for expansion where such development adjoins and, or is directly related to the existing built facility. Therefore determining factors when considering this application is whether or not developments meets other criteria, particularly in respect of visual impact and appearance and appropriateness of new units in terms of design and resultant density.

The caravans would be located well within the site and flanked on one side by existing caravans and to the other by an area of trees, beyond which are further existing caravans. Therefore, I do not consider that the additional caravans will appear intrusive or will detract from the character of the area. To ensure this is the case and that the caravans will be used for holiday purposes conditions will be imposed, should Members be minded to approve this application, on the occupancy of the caravans, colour/materials and it will be necessary to ensure that any lighting within the site is properly controlled. With this in mind I consider proposal would not have a detrimental impact on the landscape or coastline.

English Nature have advised that they need to be consulted on any further proposals to increase the holiday camp but are mainly concerned on recreational disturbances such as four wheel drive vehicles, trikes and go-karts. These issues are not part of this application and I do not consider that the proposed development is likely to adversely impact on the designated area or result in an increased need for coastal defences in the area.

Concerns were raised on the problem of accessibility to the site which in the objectors opinion is inadequate and the proposal would cause more traffic congestions. However after consulting with the Highways department they do not share these concerns.

A local neighbour comments that original plans on a previous approval showed a hedge being planted between there property and Thorness Bay Holiday Park which is outside the application site and is not part of this application. They also comment that the site is now a village of low cost housing and people don't comply with the eight week occupancy restriction. Should Members be minded to approve this application a holiday occupancy condition will be imposed. With regard to allegations of non-compliance of previous approvals Enforcement will be made aware of this matter.

With regard to other concerns that site is already overcrowded I am of the opinion that as the additional units are within the centre of the site and are situated in a linear fashion with spacing which is characteristic of the site, I do not consider refusal on grounds of over development would be justified.

Turning to the issue of the increased flows to the existing drainage system, in May 2004 a temporary planning permission was granted for the siting of w.c/shower block which expired on 31 October 2004. Issues relating to effluent disposal was also raised in respect of this application. It was confirmed that Thorness Bay Holiday Park have a sewage treatment plant and that the final effluent discharge is laboratory tested on a monthly basis to check for compliance with the consent standard. The discharge consents are recorded to the satisfaction of the Environment Agency and the plant is regularly maintained on recommendations/advice given by Faber Maunsell who are the Environmental Consultants employed by Park Resorts and that £15,000 was being spent on upgrading certain elements of the plant. Based on this information I am satisfied that the sewage treatment plant is capable of accepting the limited increase in flows likely to be generated from these 14 static caravans.

Overall, although the site is close to sites of local, national and international nature conservation interest, I do not believe there would be any adverse impact on the designated sites. I do not consider proposal represents inappropriate expansion or that any harm would be caused to the landscape quality particularly when taking into account the proposed siting of caravan bases, within an existing developed area.

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 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 balanced with the right 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 the material considerations referred to in this report, and taking into account approved development at the site, I do not anticipate a significant increase in the number of people likely to visit the site. It will result in the expansion of a permanent holiday accommodation site identified as such in the Unitary Development Plan, and providing the caravans are suitably coloured the impact on the character of the countryside which is designated AONB and Heritage Coast will be minimal. There should be no greater disturbance to the nearby which are sensitive for their ecological importance and there are no sustainable reasons for refusal on highways or access grounds.

RECOMMENDATION - APPROVAL

Conditions/Reasons:

1	Time limit - full - A10
2	The occupation of the static caravans hereby approved shall be used for holiday purposes only, and not for permanent residential use. Reason: To ensure that the static units hereby approved are retained for holiday purposes in accordance with Policy T3 (Criteria for the Development of Holiday Accommodation) of the Isle of Wight Unitary Development Plan.
3	The external colour of the static caravans hereby approved shall be restricted to those colours indicated within BS6770:1998 (Exterior Colours for Park Homes (Mobile Homes), Holiday Caravans and Transportable Accommodation Units). Reason: In the interests of the amenities and character of the area and in compliance with Policy D1 (Standards of Design) and C2 (Areas of Outstanding Natural Beauty) of the Isle of Wight Unitary Development Plan.
4	External lighting required in connection with the development hereby approved shall be sited and aligned so as to ensure minimal disturbance of the character of the area. Details of location , height and luminance of any external lighting to be provided shall be submitted to and approved by the Local Planning Authority and such lighting shall be installed in accordance with the agreed details. No alterations shall subsequently be undertaken or additional lighting provided unless the prior written agreement of the Local Planning Authority is obtained. Reason: To minimise light pollution in the interests of the amenities of the area in accordance with Policy D14 (Light Spillage) of the Isle of Wight Unitary Development Plan.
5	The development hereby approved shall not be commenced until such time as detailed calculations for the capacity of the sewage treatment plant and any necessary improvements to the foul water system to ensure continued satisfactory performance in connection with the increased occupancy at the park have been submitted to and approved by the Local Planning Authority. Thereafter any necessary improvements shall be carried out in accordance with the approved details and a timescale which shall reflect the timing of any increase in occupancy of the park, to be agreed with the Local Planning Authority. Reason: To safeguard against contaminations of the environment and in particular the adjacent Site of Special Scientific Interest and Special Area of Conservation and to comply with Policy C9 (Sites of International Importance for Nature Conservation), C10 (Sites of National Importance for Nature Conservation) and P2 (Minimise Contamination from Development) of the Isle of Wight Unitary Development Plan.
6	Landscape scheme - M11A
7	Landscape works implementation - M30
8	All materials excavated as a result of general grounds works, including site leveling, installation of services or the digging of foundations, shall not be disposed of within the area identified in red or blue on the submitted plans, unless otherwise agreed in writing by the Local Planning Authority. The materials shall be removed from the site prior to the occupation of any of the static caravans hereby approved. Reason: To ensure satisfactory long term maintenance of the landscaping of the site/development and to comply with Policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.

13.

TCP/26052/B P/01400/04 Parish/Name: Ryde Ward: Binstead

Registration Date: 13/07/2004 - Outline Planning Permission

Officer: Mr. P. Stack Tel: (01983) 823575

Applicant: N W Corbin Ltd

Demolition of warehouse and workshop; outline for 7 houses and alterations to vehicular access (revised scheme) (readvertised application) land rear of St Leonard’s - Cornerways, Binstead Road, Ryde, PO33

REASON FOR COMMITTEE CONSIDERATION

Report requested by Local Member, Councillor Fox, as he considers application raises important issues concerning highways and potential impact on adjoining residents.

PROCESSING INFORMATION

This is a minor application, the processing of which has taken 8 months to date. This is principally due to negotiation and submission of revised plans, the need for additional information to be submitted by the agent and the request by the Local Member for Committee determination.

LOCATION AND SITE CHARACTERISTICS

This irregularly shaped site is located on southern side of Binstead Hill, almost directly opposite Binstead Garage and which immediately abuts former Binstead Bakery site which has been residentially redeveloped. Site presently comprises two large vacant industrial/commercial buildings which are served by existing access between properties fronting Binstead Hill.

RELEVANT HISTORY

Application seeking outline consent for nine houses was refused in March 2004 under delegated procedure. Reasons for refusal related to excessive density of development giving rise to overlooking, loss of outlook and having over bearing impact on surrounding environment. Further reason for refusal related to inadequate and deficient detail in respect of highway visibility splays and detail in respect of capacity of existing drainage system to accept additional load.

Resubmission again seeking outline consent for nine houses was refused under delegated powers in May 2004. Reasons for refusal again related to excessive density of development and inadequate detail in respect of drainage systems. Highway reason for refusal was not included within this decision.

DETAILS OF APPLICATION

This is outline submission with siting and means of access to be determined at this stage.

Originally submitted proposal proposed eight houses however, following negotiation scheme has been revised to scheme for seven houses involving a terrace of five dwellings and two detached units.

Terraced units will be located along eastern boundary of site which abuts car park area rear of Fleming Arms. Two detached units will be located towards eastern half of site. Development would utilize shared forecourt surface and provide eight off street parking spaces.

Site will be served by existing drive which previously served commercial premises between existing properties fronting Binstead Hill.

DEVELOPMENT PLAN/POLICY

Site is located within development envelope boundary for Ryde as identified on Unitary Development Plan.

Relevant Policies are as follows:

S1 – New development will be concentrated within existing urban areas.

S2 – Development will be encouraged on land which has been previously developed (brown field sites).

S4 – Countryside will be protected from inappropriate development

G1 – Development Envelopes

G4 – General Locational Criteria for development

D1 – Standards of Design

H4 – Unallocated Residential Developments to be restricted to define settlements.

TR7 – Highway Considerations for new development

E3- Resist developments for allocated employment land for other uses.

TR3 – Locate development to minimize need to travel

U11 – Infrastructure and services provision

CONSULTEE RESPONSES

Contaminated Land Officer wishes standard condition be imposed concerning site investigation to assess potential contamination.

Highway Engineer wishes standard conditions be imposed should consent be granted.

Southern Water have been consulted on drainage arrangements and their comments are awaited.

PARISH/TOWN COUNCIL COMMENTS

Not applicable.

THIRD PARTY REPRESENTATIONS

In respect of original submission six letters were received from local residents and business. Main points of objection are summarized as follows:

· Proposal represents over development of site

· Increase in noise

· Development out of character with locality

· Loss of trees

· Inadequate drainage capacity

· Detrimental impact on highway and pedestrian safety

· Potential over shadowing of adjoining properties

· Poor access arrangements

· Increased disturbance

· Accessibility for emergency vehicles

· Boundary treatments

· Adverse ground conditions

Following revised submission application re-advertised and seven letters were received from local residents and business again raising similar issues to those outlined in previous paragraph.

CRIME AND DISORDER IMPLICATIONS

No crime and disorder implications are anticipated.

EVALUATION

Proposal represents opportunity to provide residential development within previously developed land within development envelope in sustainable location. In principle therefore, proposal complies with Central Government advice on housing (PPG3) and relevant Local Authority UDP guidelines. Whilst proposal does result in loss of former employment site to which Policy E3 seeks to retain, it is not clear as to the level of employment site offered in past and in any event loss of employment land in this location would not compromise overall employment potential of area and indeed this policy did not figure in previous reasons for refusal and is not considered appropriate to reach different view on this issue now.

Principle of residential development has not been questioned in previous refusals issued on this site and proposal should be looked at in detail in order to assess appropriateness of development for locality and assess whether or not current revised scheme overcomes previous reason for refusal relating principally to over development and insufficient details in respect of drainage.

Development of site with seven dwelling units would result in density of some 50 units per hectare which is top end of suggested density guidelines contained within PPG3. Layout is similar to previously refused scheme and therefore no objection in principle can be raised to layout. In any event, given orientation of buildings and distances from adjoining development is not considered that any sustainable objection can be raised in terms of likely impacts on residential amenity.

In terms of highway and parking arrangements, site is located within parking zone 3 which requires a maximum of 75% of normal parking provision and on site provision of eight spaces complies with zonal requirements. Given Highway Engineer comments refusal on highway or associated grounds would be unreasonable and in my view unsustainable on appeal.

In respect of drainage, capacity check has been carried out by civil engineers acting on behalf applicant report suggests installation of hydro brake to control rate of flow into sewer to ensure that it is not greater than the contributing flows. Further more the amount of surface water flow entering combined public sewer can also be controlled and the use of hydro brake will in fact reduce rate of flow entering sewer when development is completed.

HUMAN RIGHTS

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material consideration referred to in this report I am of the opinion that the application site is capable of accommodating seven dwelling units as proposed without impacting significantly on neighbouring properties, highway safety or character of area in general. Proposal is therefore consistent with relevant policies of the Isle of Wight Unitary Development Plan.

RECOMMENDATION – Approval (revised scheme)

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) 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 the Site), D3 (Landscaping), TR7 (Highway Consideration for New Development) of the IW Unitary Development Plan.
4	Details of roads, etc, design and constr - J01
5	No dwelling shall be occupied until the parts of the service roads which provide access to it have been constructed, surfaced and drained in accordance with details which have been submitted to and approved by the Local Planning Authority]. Reason: To ensure an adequate standard of highway and access for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
6	Visibility splays of x = 2 metres and y= 90 metres dimension shall be constructed prior to commencement of the development hereby approved and shall be maintained thereafter. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IOW Unitary Development Plan.
7	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no gates shall be erected other than those expressly authorised by this permission/other than gates that are set back a minimum distance of 5 metres from the edge of the carriageway of the adjoining highway. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
8	No part of the development hereby permitted shall commence until there has been submitted to and approved in writing by the Local Planning Authority: d) A desk-top study documenting all previous and existing land uses of the site and adjacent land in accordance with national guidance as set out in Contaminated Land Research Report Nos. 2 & 3 and BS10175: 2001; and, unless otherwise agreed in writing by the Local Planning Authority, e) 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, a remediation scheme to deal with any contaminant including an implementation timetable, monitoring proposals and a remediation verification methodology. 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.
9	The construction of buildings shall not commence until the investigator, identified in Condition No.8, 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. 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.
10	No dwelling hereby permitted shall be occupied until space has been laid out within the site and surfaced in accordance with details that have been submitted to and approved by the Local Planning Authority in writing for 9 cars to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

14.

TCP/26467 P/01465/04 Parish/Name: Ventnor Ward: Ventnor West

Registration Date: 06/07/2004 - Full Planning Permission

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

Applicant: Isle of Wight Council - Highway Services

Demolition of Woodington, The Undercliffe Drive; landslide stabilisation works, ground stabilisation, realignment of highway, landscaping & associated works (scheme 1) 4 sections of land & highway (application to be determined by the Council's Development Control Committee)(additional information) (readvertised application)

from Old Park Hotel through to and including land west of Beauchamp, The Undercliffe Drive, St. Lawrence, Ventnor, PO38

See joint report under TCP/26467/A - P/01467/04

15.

TCP/26467/A P/01467/04 Parish/Name: Niton Ward: Chale Niton and Whitwell

Registration Date: 06/07/2004 - Full Planning Permission

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

Applicant: Isle of Wight Council - Highway Services

Landslide stabilisation works, ground stabilisation, realignment of highway, landscaping & associated works, (scheme 2) 4 sections of land & highway (application to be determined by the Council's Development Control Committee) (additional information) (readvertised application)

from Old Park Hotel through to and including land west of Beauchamp, The Undercliffe Drive, St. Lawrence, Ventnor, PO38

REASON FOR COMMITTEE CONSIDERATION

The applications are major submissions by the Council where there are a number of significant issues to be resolved.

PERFORMANCE INFORMATION

These applications, if determined by the Committee on 15 February will have taken 32 weeks to process, the delay being due to outstanding consultations and negotiations.

LOCATION & SITE CHARACTERISTICS

These applications relate to four areas of land of varying sizes and irregular shapes located between Niton village and Old Park in St. Lawrence including approximately 1100 metres of Undercliffe Drive and land associated on both north and south sides of Undercliffe Drive and the two applications are submitted following land and road instability problems encountered through that section between Old Park and Niton village.

Area 1 relates to that area east of Stonehams Nursery on the outskirts of Niton village, north of Puckaster House and the site includes part of the land associated with the Orchards camping ground and the property formerly known as Beauchamp.

Area 2 is a ‘T’ shaped tract of land including part of Undercliffe Drive and a tract of land travelling in a south westerly direction towards the Orchards.

Area 3 is situated to the north east of Mirables and includes the property known as Woodington.

Area 4 abuts and joins the east side of area 3, includes approximately 180 metres of Undercliffe Drive and a large tract of land stretching southwards to wards the coastline and skirting the north west and west side of Old Park Hotel.

The Undercliffe is characterised by almost unique features, an inland cliff marking the northern boundary, beyond which is a plateau of downland and farmland, but whilst to the south the coastal slope is represented by plateau and valleys with much variation in the shape and levels of the land. It is generally heavily wooded but contains some clearings with many springs and rivulets draining the land towards the coast.

Between Old Park and Stonehams Nursery there are only a few, sporadically sited but long established dwellings such as the Orchards, Mirables and the few residential properties at the eastern end close to areas 3 and 4 which, in the main, are located on the north side of Undercliffe Drive. Undercliffe Glen abuts area 3 on the south side of the road and has, itself been affected by the recent landslips.

RELEVANT HISTORY

Planning consent granted for reconstruction of a new section to Undercliffe Drive for local access and emergency services use in July 2002. This development has been implemented and relates directly to area 1 which involved the demolition of Beauchamp House and Cottage. The route of the new highway is now complete and operational.

DETAILS OF APPLICATION

As previously mentioned the two applications relate to four areas of Undercliffe Drive and adjoining land and, essentially, seek consent for the same development, the one exception being the exact route in area 3 where Scheme B seeks to demolish Woodington due to the route of the realignment and the Scheme A seeks to avoid Woodington by routing the new road further to the north, in effect behind the property which would enable the building to remain.

Works required in connection with the re-routing are extensive, seeking to reduce the likelihood of further land slippage. Essentially this is to be achieved by improved land drainage to remove as much water as possible from the ground, the presence of which promotes further land movement due to the geomorphological nature of the land in question.

The realignment of these parts of Undercliffe Drive is supplemented by the reconstruction and resurfacing of other sections but, perhaps more importantly, by associated works including improved drainage as mentioned by land moulding, some tree clearance, piling, changes to the shape of the land by excavation of some areas and a supplementation of material in others.

A survey for dormice in the area has been undertaken which has established that, at this time, no evidence of dormice has been found. A survey of the area and especially of Woodington has established a strong presence of bats.

Area 1

This is the area around and including Beauchamp House and Cottage where the road has already been diverted and completed includes the installation of a pile array, comprising 300 mm diameter piles over a distance of approximately 95 metres running parallel to and below the line of the realigned road situated to the north of Beauchamp House, the installation of a pump house to pump water from the area to ponds and watercourses to the south. This area also includes the provision of substantial trench drains in a parallel configuration leading to a headwall and the same watercourses as previously mentioned. The area above the trench drains which encompasses the route of the old road is proposed to be regraded and cleared of woodland; a line of pumped wells situated to the south west of the area and the former track running in a west to east direction to be reinstated. In order to improve drainage from the area, at the southern extent of the site, some 150 metres plus south east of the realigned highway, watercourses are proposed to be improved so as to improve the efficiency of taking water away from the whole site.

Area 2

The ‘T’ shaped section situated approximately 400 metres east of Beauchamp includes a length of approximately 150 metres of pile array, 300 mm diameter piles installed parallel to and almost immediately abutting the southern side of the Undercliffe Drive, the alignment of which is maintained; a 10 metre strip of land on the northern side and a 15 metre strip of land on the southern side of Undercliffe Drive is to be cleared of woodland for works and access for approximately 180 metres in length with some of the land regraded following completion of the works; a line of pumped wells beneath the highway for a distance of about 140 metres with a pumping station located almost centrally in the site with a new buried drain running in a south westerly direction to a pond with headwall on its north eastern side with the pond discharging, again in a south westerly direction towards the shore. The remaining surrounding area, which is predominantly woodland remains untouched.

Area 3

This is the area to the west of and including Woodington which includes the realignment of the highway from the property known as Timber situated at the eastern extent of the site on the northern side of the original route to a point approximately 400 metres to the west cutting off a serpentine section of Undercliffe Drive and producing a smoother slow curving section closer to the cliff. This section includes a 105 metre length of 300 mm pile array and pump house; a 310 metre length of pumped wells immediately adjoining the northern side of the central part of the realigned highway, a second line of approximately 170 metres containing pumped wells running on the northern side of the original road. To the south of the original route, just to the south west of Woodington, are three sections of raking piles with a total run of approximately 130 metres situated approximately 10 to 15 metres from the roadway with the space between them and the roadway filled and reinforced with earth fill; new drain lines in a radial form situated to the south of the raking pile run draining land in a southerly direction to a new headwall and works to improve an existing ditch and stream which drains the site to the shore. The area to the south of the original road to be regraded and cleared of woodland for paths through the site are to be restored and the area between the new and existing routes to be maintained partly as grassland and partly woodland.

The route ‘A’ is shown on the plan to spring from a point in the existing Undercliffe Drive approximately midway in the frontage of the property known as Timber and travelling in a westerly direction to link about 330m further west with the old route but travel to the north side of the property known as Woodington with access off Undercliffe Drive to be retained serving both Woodington and the caravan park at the Spinnaker.

The alternative option, route ‘B’ is proposed to spring from Undercliffe Drive approximately two thirds from the eastern end of the Timber frontage but to be located a little further south following the demolition of Woodington. The pile array on the northern side of the original route differs slightly from that of the previous scheme to account for the realigned highway. Otherwise the details are much the same.

The essential differences between route ‘A’ and route ‘B’ (option A or option B) is that option A requires a greater land take from the property known as Timber but allows for the retention of Woodington; option B involves a smaller land take from Timber but also requires the demolition of Woodington.

Area 3 involves the most work, the most tree felling and therefore potentially the greatest visual impact. Option B is the preferred option involving the demolition of Woodington with the least land taken.

Area 4

This is the eastern most of the four locations, situated to the north and west of Old Park Hotel and, as with the other areas includes significant land drainage works to reduce and channel water away from the land in a southerly direction to the coast it comprises a substantial granular buttress just to the south of the Undercliffe Drive adjoining the property known as Allenmore with several 1 metre wide trench drains, approximately 4 metres deep at either five of 15 metre centres draining ground water in a southerly direction into an existing drainage/stream system which then flows to the coast. It also includes improvements to existing watercourses. Nearly the whole of the application site is existing woodland and wholesale clearance is not anticipated. A proportion of the trees are proposed to be removed to facilitate the installation of the trench drains.

Undercliffe Drive is not intended to be realigned in this section but it is intended to install a line of pumped wells on the northern side of the Drive for a distance of approximately 180 metres.

DEVELOPMENT PLAN/POLICY

None of the sites has any development plan allocation. All of the sites are within the designated Area of Outstanding Natural Beauty. Part of area 1 is within the designated SSSI, the whole of area 2 is within the SSSI. The majority of area 3 is within the SSSI and a small section of area 4, the southernmost extent of that area is also within the designated SSSI.

Most of the area within the Undercliffe is under a Tree Preservation Order or Orders.

The sites are outside any designated development envelope.

Parts of areas 3 and 4 are located within the Heritage Coast annotation.

The following policies are considered to be relevant in this instance.

C1 – Protection of Landscape Character

C2 - Areas of Outstanding Natural Beauty

C3 - Development of coast outside the Development Envelope

C4 – Heritage Coast

C8 – Nature Conservation as a Material Consideration

C9 - Site of International importance for Nature Conservation

C10 – Sites of National Importance for Nature Conservation

C11 - Sites of Local Importance for Nature Conservation

C12 – Development Affecting Trees and Woodland

G7 – Unstable Land

G11 - Coastal Development

B9 – Protection of Archaeological Heritage

B10 – Parks, Gardens and Landscapes of Historic Interest

TR12 – The Strategic Road Network

In addition PPG14 – Development on Unstable Land: Land Slides and Planning refers specifically.

CONSULTEE RESPONSES

Countryside Agency proposes that the proposals involve possible impacts on the Tennyson Heritage Coastline and in principle supports the preferred route as it is likely to have to least impact coupled with the most benefits and comprises the best long-term solution but, in making such observations stress that artist impressions or 3D views are now important in determining the scheme. Raises concern over impact on biodiversity, especially in areas which are to be cleared of woodland. Observes that there is little prediction of the operational life expectancy and raises concerns over further maintenance work and over further loss of trees.

AONB Unit point out that the whole of the area concerned is under an AONB designation and may have significant impacts but raises specific concerns over –

· The expected life time of the works

· They need to conserve the character of the undercliff

· The design and siting of any engineering structures including areas of "cut and fill"

· Implications of landscaping

· Implications regarding archeology

· Impacts on rights of way

· Degree and nature of mitigation

States that the environmental assessment underplays the significance of AONB and the impacts on the character of the area suggesting that artists impressions should be supplied. Raises concerns over any works above ground level and suggests that the highest design standards for works would need to be incorporated in the scheme. Raises concerns over the long-term management of the landscape and encourages the restoration and reconnection of public footpaths through the area and states that preference should be for route B, which involves the demolition of Woodington as lesser works are required to form that route.

Ecological Officer points out that the proposals are complex with significant implications for habitats and for protected species and that the sites lie within the designated Compton Chine to Steep Hill Cove SSSI. advises that he has had close involvement with English Nature and the authors of the Environmental Statement which has resulted in incorporation of mitigation measures to minimise impacts. He points out that it is important to implement the mitigation measures in accordance with recommendations in the environmental statement.

General comments point out the need that all site clearance should take place outside the bird nesting season as defined English Nature as March - August inclusive. No clearance whatsoever should commence until a survey report for dormice has been received and points out that a badger's survey will need to be carried out 5 weeks prior to commencement of works; trees proposed for felling should be surveyed for bats prior to felling. If any protected species are encountered during the works the whole works should be halted and advise from English Nature sought. Protected species in this context is likely to be nesting birds, bats, badgers, or dormice.

Area 1 at Beauchamp lies outside the SSSI but preparatory work will require some tree removal and relocation of bat boxes originally erected as part of the approved first phase. Work will need to be supervised by a licensed ecologist to ensure that bats and possibly dormice are dealt with according to the requirements of the law and that trees, with bat boxes and other areas of ecological value, are adequately protected during the construction phrase.

Area 2 around Mirables involves work entirely within the SSSI but impacts on habitat and species reliant on pondlands activity are considered to be low and no special measures are advocated apart from the general principles affecting site clearance.

Area 3 around Undercliffe Glen is again entirely within the SSSI and constitutes a particular complex site regarding species and habitats. Both alternative routes cut through a nature reserve leased by the Isle of Wight Council to the Hampshire & Isle of Wight Wildlife Trust. Extensive tree removal is proposed, top soil to be removed to leave a substrate to establish open grassland. Entrances to a bat hibernation site are to be grilled which will be vulnerable as result of tree clearance. Survey has shown that Woodington contains roosts from more than one bat species and therefore if Woodington is to be demolished on a different licence will be required. Such licence will require that an adequate alternative accommodation is provided for the bats prior to demolition. One of the bats is an exclusively house dwelling bat and bat boxes will not provide adequate mitigation and a building with a roofed structure will be required in the form of the habitation that is existing or a new building details of the mitigation measures should be dealt with within a management plan.

Area 4 ground woodlands lie outside the SSSI but within a sink and impacts on habitats species reliant on landslip activity similar to the area, mirrorpools are advocated including landscaping and provision of bat boxes.

English Nature

The proposal affects land with important nature conservation interests both within and adjacent to the SSSI and is in proximity to a possible SAC. English Nature points out the value of the variety of plant communities and the fact that the Isle of Wight support approximately 14% of the UK resource of this type of habitat, supporting nationally scarce plants and includes 8 nationally rare species and 51 nationally scarce species, a factor in the particular shape, form and nature of the area. Land adjacent to the SSSI also supports assembly of invertebrates and points out, (as the Ecology Officer did) protected species including bats, badgers, red squirrel and European protected species of dormice could be present.

English Nature confirm extensive involvement in the process of the production of the environmental statement and echo the observations of the County Ecologist and, as a result, advises that mitigation recommendation in the environmental statement be followed but that the scope of any planning permission should be sufficiently wide to enable the mitigation recommended in the report to be implemented.

English Nature has no objection to the proposed developments subject to the granting of a appropriate licences where required and recommends conditions be applied accordingly and in order that all mitigation measures identified are fully implemented. In addition the developer should produce and agree a costed management plan for creating and maintaining new habitats for the life of the scheme prior to commencement of any development.

Ventnor Town Council

Comments that the Town Council see no reason why planning consent should not be granted.

Niton and Whitwell Parish Council

Recommend approval.

County Archaeologist

Points out that the application relates to land within a landscape of archaeological importance; that the environmental statement draws attention to the importance of the area of The Undercliff and the high probability of unknown archaeological remains of local and regional rather than national importance, which must be recorded by an archaeological watching brief. Also points out that all four of the development areas contain preserved early 19^th Century landscape gardens, houses and garden structures which are unique to the character of the area of the Island. In turn these undisturbed landscapes also preserve earlier landscape features such as woodland banks and field boundaries all of which are local and regional importance.

County Archaeologist points out that the application relates to land within a landscape of archaeological importance; that the environmental statement draws attention to the importance of the area of the Undercliff and the high probability of archaeological remains of local and regional rather than national importance, which must be recorded by an archaeological watching brief. Also points out that all four of the development areas contain preserved early nineteenth century landscape gardens, houses and garden structures which are unique to the character of the area of the Island. In turn these undisturbed landscapes also preserve earlier landscape features such as woodland banks and field boundaries all of which are of local and regional importance rather than national importance. Accordingly recommends conditions be imposed to require access for recording purposes but in accordance with a programme of archaeological works.

THIRD PARTY REPRESENTATIONS

Seventeen letters on behalf of fourteen local residents objecting on grounds of:

· Sustainability of scheme, questioning costs/benefits of the proposals

· Increased traffic

· Changes in water tables, ground water levels and water levels in private properties.

· Loss of access to property.

· Loss of trees and impact of widespread tree clearance resulting in loss of roots reinforcing the stability of the ground resulting in a destabilization of the area.

· Alterations to accesses which would result in loss of visibility and therefore traffic dangers.

· Extent of work not enough to protect private property or safeguarding business interests and questioning responsibility to maintain original access route to properties.

· Objections to amount of land take to realign road with resultant defect that the road would be closer to residential property and its consequent adverse effects of living conditions through noise and light pollution and questioning land stability due to the works.

· Objections to use by heavy vehicles, suggesting that routes should be limited to a maximum weight limit or size of perhaps a mini bus.

· Loss of habitat for protected species through loss of trees, overgrowth or undergrowth and to changes of ecology.

· Adverse effect on Listed Buildings of a loss of stone walls through the route and resultant changes in character.

· Writers call for a public enquiry.

Ramblers Association

Consider that the proposals could result in new opportunities to establish or re-establish public rights of way.

Petition

Over 3,000 signatories of local and predominantly Island residents stating:

1. Wish to preserve the beauty and continuity of the landscape of The Undercliffe Drive which is designated as an Area of Outstanding Natural Beauty, SSSI, Heritage Coast and Conservation.

2. Fully support the Council in rejecting unnecessary applications for works to protected amenity trees in this five mile stretch of woodlands along the Undercliffe Drive

3. Consider the unnecessary felling of trees in this area of major slippage to be extremely unwise.

4. Believe the natural colonization of red squirrels in the area and presence of other important species of wildlife should not be put at risk by the actions of landowners who do not understand the ecological importance or the amenity value of their surroundings for residents, visitor and future generations.

CRIME AND DISORDER IMPLICATIONS

Relevant officer has been given the opportunity to comment but no observations have been received. However, no crime and disorder implications are anticipated.

EVALUATION

General Background

The Undercliffe Drive forms a significant component part of the Island’s principal road network and provides additional utility as a tourist route and affords local access. Although the Environmental Impact Statement compared the proposed restoration work with the alternative route via Whitwell, the Environmental Statement concluded that the Whitwell diversion in its current form is unsustainable in the longer term and the proposals for upgrading it or identifying a suitable alternative are not considered to be feasible and would probably involve a Niton by-pass in order to mitigate adverse effects. It also concludes that, the implications of restoring the Undercliffe Drive to its previous principal route status, is considered to be positive in all respects with regard to traffic and infrastructure issues. This statement also concludes that residents along Undercliffe Drive will be exposed to elevated traffic level upon completion of the proposed remedial works but it is pointed out that had the failures not occurred and the temporary reduction in traffic level imposed by order being necessary, the levels of traffic using reinstated route would probably been the same.

In essence the strategic policy is to restore the Undercliffe Drive to its former status rather than to find an alternative permanent solution in-land as this would not only require considerable expenditure to upgrade an in-land route but would also require considerable expenditure in maintaining local access through the Undercliff. It should also be remembered that the UDP Policy TR12 states that the Council will approve proposals which will maintain the effectiveness of the strategic road network which is presently defined as follows:

f) All existing “A” Class roads.

The UDP and its policies contained therein were adopted in May 2001 following a public enquiry.

Some objectors and others have raised the question of sustainability, ie the long term costs/benefits/effectiveness of the proposed work to maintain the Undercliffe Drive as a route open to all traffic. Bearing in mind Council’s policy to maintain the strategic road network, the decision to expend funds on such works and its effectiveness over a long term are not a planning issue and I do not intend to discuss nor pass opinion on them. Having said that, it should be pointed out that the design life of the current scheme has been stated by the Council’s consultants as being a period of 50 years and therefore it is anticipated that the remedial works are a long term option.

Given that the principal policy considerations are to maintain this “A” class road, the determination of the details of the scheme will be the determining factors with the effects of the engineering proposals on matters of acknowledged importance. Whilst not necessarily exhaustive, those matters include impacts on designated sites; the loss of trees through the Undercliff, many possible impacts on the ecology and in visual terms; the impact on various habitats and finally the offsetting of these impacts by the adoption of mitigation measures and re-landscaping of the land.

On many instances planning permission need not be sought by the Highway Authority for works required for or incidental to the maintenance or improvement of the highway. This includes land which is outside but adjoining the boundary of an existing highway. Accordingly, much of the works envisaged fall with “permitted development” as described by Part 13 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995. Due to the above and the fact that substantial amounts of the work envisaged is both outside of the boundaries of the highway and does not abut the boundary, planning permission is required, hence the submission.

Members will be aware of the previous planning permission as detailed above, granted in July 2002 which authorized the construction of new section of Undercliffe Drive for local access and emergency use only, the section being at the western end of the Area 1 currently at risk at Beauchamp House and adjacent land. That section of highway has been installed and is operational although, since its completion there has been a limitation on its use, preventing the use by heavy through traffic, limiting its use to temporary access for local and emergency purposes only, pending the preparation of a long term strategy of the Undercliffe Drive reinstatement. Members will also be aware that there have been very substantial ground movements more recently, especially at the Undercliffe Glen location (Area 3) which has culminated in very substantial landslip clearly visible upon inspection.

Details of Proposed Engineering Works

The four areas, the subject of these applications have been identified as areas of high risk where intervention is felt necessary to prevent or significantly reduce the likelihood of further landslide and further breach of the route through the Undercliffe. Apart from the option to form an alternative route inland, the options, so far as the Undercliffe Drive is concerned are essentially to do nothing thus allowing natural forces to continue which will ultimately result in further failures of the route or to take measures to intervene and “shore up” and slow down possible ground movements to enable the route to remain open.

Essentially, the proposed works fall into several categories and the combination of these methods are intended to be used in the process of the stabilization of the land. The critical factor in this landslide situation is the continuous removal of naturally occurring ground water in the landslide area and routing it to the coast for discharge into the sea. The de-watering of the land at different depths is intended to improve slope stability by:

· Direct drainage measures constructed on the landslide slopes which increase the sheer strength of the slipped material and reduce the pore pressure along the slip lanes;

· Drainage up slope of the landslide which will increase the sheer strength of the soil, assisting in curtailing the propagation of the landslide up slope, and:

· Cut off drains located up slope of the landslide to reduce the volume of groundwater entering the slip.

To be effective these measures must extend to sufficient depth to affect the slip plane. For practical reasons they will therefore be most effective in addressing shallow instability. In detailing the above drainage would be carried out by way of provision of surface drainage for fast run off gradients to be provided by lined ditches to prevent introducing water back into the slip. Trench drainage, formed by gravel filled piped trenches with the installation of deep “cut off” trench drains, installed towards the rear of the landslide to intercept and prevent ground water entering the landslide system. Horizontal bored drains drilled into the slope and lined with perforated pipes sited in arrays and finally by installing deep watering wells or siphons, used as an alternative to cut off drains and can either be operated on a pumped system or by siphonage.

Earth works, also used as an alternative to inhibiting land slippage by re-profiling slopes in landslide areas by removing material from upper portions thus reducing forces; adding material to the lower portion of a landslide thereby increasing the restraining forces and; completely removing and replacing the landslide mass possibly with a reinforced soil or better drained soil.

Slope retention methods involve formation of a physical barrier within a landslide, sufficient to hold the portion of the slope by forming retaining structures including driven sheet piling or contiguous bored piles forming a wall anchored into underlying and more stable strata.

Slope reinforcement uses a variety of means to increase sheer resistance by installing sheer keys or piles which would require soil to deform around the piles and produce resistance to movement.

The most drastic part of the solution is road realignment which clearly means repositioning the route in order to remove it from an area with immediate landslide hazard.

The design scheme prepared intends to utilise means appropriate to the circumstances prevailing in that location, a comprehensive and varied solution to reduce the influx of water into the landslide area, to speed and channel away water from the landslide without re-absorption, to support land and reduce the likelihood of continued landslide and where appropriate to realign the highway away from areas of impending landslide.

The design scheme has been produced by Consulting Geotechnic Engineers commissioned by the Isle of Wight Council to prepare and implement a scheme which is intended to support the route from further de-stabilisation, but at the same time carrying out the minimum work necessary to achieve the goal. The works are therefore considered necessary to achieve the objective of restoring and retaining the A3055 the Underclife Drive as a major part of the strategic road network on the Island.

Environmental Considerations

The Undercliffe Drive passes through an area of high amenity value, the whole of the area contained within the Area of Outstanding Natural Beauty with much of the application site's are under designations such as Heritage Coast, SSSI and the eastern extent within a site designated as and historic garden. The proposed works as described above includes excavation, piling as well as "cut and fill" to alter the vertical alignment in accordance with modern road design requirements.

As substantial areas of the necessary works are outside of the present road “corridor” trees are bound to be felled to enable access to the areas to carry out the engineering works. In the areas of influence of the works, which amounts to about 7% of the Undercliff area are much of the woodland in these areas will be retained and protected and although there are a significant number of trees which will be felled, the replanting of some of these areas will be undertaken as part of the mitigation and landscaping works proposed after the completion of the development.

Although there will be areas cleared of trees, under growth and other vegetation and that some of these areas will be retained as open grassland, the intention is to replace many of the trees but in a more diverse landscape including some areas of grassland which, historically , form part of the character of this area. It will be necessary for some parts of the landscape to remain open to ensure maintenance and to secure the effectiveness of the drainage regime, however, English Nature are firmly of the opinion that more diverse landscape which can be formed will enrich the habitat for species such as invertebrates.

The proposed mitigation works and re-landscaping of the area, detailed in the application and the Environmental Statement have been prepared with close consultation with English Nature.

Key Material Considerations

The determining factors are therefore the desire for and merits of the restoration, realignment and stabilization works to secure the future of the Undercliffe Drive weighed against the impacts on the designated sites, Area of Outstanding Natural Beauty and the impacts on residential property served by the Undercliffe Drive, weighed against the proposed mitigation measures to safeguard and even enhance the quality of the landscape and habitats in the area.

Visual Impacts

In visual terms the main impacts realized will be the loss of preserved trees required to implement the physical works of excavation and drainage together with the installation of piling and wells and the extent to which this would adversely affect the Area of Outstanding Natural Beauty and the Heritage Coast. Approximately 7% of the whole Undercliff area is likely to be affected by the works and clearly there will be some impact from tree loss. It is intended that this loss of trees and undergrowth would be mitigated by replanting trees, shrubs and ground cover in order to establish more diverse quality of landscape and the Environmental Statement concludes the visual impact of this tree loss would be minimised. The proposed works involved, could potentially cause effects on the population of bats, birds, badgers, squirrels and dormice if any of the above species are found in the areas.

Few details of street furniture, signage, road boundaries, stone walls etc. have been submitted but these will have an impact on the character of the area.

It is proposed to create a new environment for bats, evidence of which has been found in Woodington, the property to be demolished. Bats use this property’s roof for roosting and over wintering hibernation and therefore there is a need to create a new, purposed built environment for these creatures to ensure their continued colonization of this area. It addition, bats are known to roost and hibernate in some trees and therefore replacement habitat by erecting bat boxes and each tree that is to be felled to be inspected for signs or evidence of bat activity and use before it is felled.

There is a substantial bird population in the Undercliff due to the nature of the environment and, once again, disturbance to birds is likely to occur by the reduction in tree growth. It is intended that trees be examined not only for evidence of bat use but also for nesting birds. Unfortunately, the period in which trees must be felled to avoid the bird nesting season is likely to conflict with the use by bats and, similarly, the felling of trees to avoid hibernation and roosting of bats is likely to conflict with the bird nesting season, hence the need for each tree to be carefully examined to ensure the existence of neither, prior to felling.

The survey work carried out for the preparation of the Environmental Statement addresses the subject of badgers and the possibility of sets within the four areas of influence. No evidence of sets was found, however whilst the area is probably used for foraging by badgers, the existence of sets even outlying sets can be ruled out and , of course, if found such a set should not be disturbed or destroyed since that would constitute a criminal offence. It is proposed that careful re-survey of the areas of influence, including land abutting, is carried out prior to the commencement of any works to ensure there are no badger sets. In the event that a set or sets are found, a licence will need to be obtained from DEFRA before works can commence.

The presence of red squirrels has been established but the study has established also that the importance of this area is not great and of low local value only.

As part of the survey works a study was carried out to establish the presence of dormice; the study concluded that there was no evidence of dormice in the area.

It is also an offence deliberately to kill reptile species such as grass snakes, adders, common lizards and slow worms. Discovery of such species should be followed by relocation of such species into suitable release sites before site works can commence.

Physical impacts

The Undercliffe has a known history of archaeological finds and the four sites are known to contain preserved early 19 century landscaped gardens, houses and garden structure which are unique to the character of the area of the Island. Also there is evidence of preserved earlier landscape features such as woodland banks and field boundaries. All of these remains are of local and regional importance rather than national importance. In addition, it is apparent that the range of archaeological finds include Paleolithic and Neolithic and Bronze Age finds, Iron Age settlements and burials, Roman occupation and burials, Medieval settlements and middens as well as post medieval structures.

The mitigation measures are detailed within the Environmental Statement which meet with the general approval of English Nature and with the County Archaeologist who has indicated the need for a plan of archaeological works to be followed and for a watching brief as work progresses.

Mitigation

Mitigation measures are deemed necessary on a wide range of issues many of which have been suggested by English Nature. The Environmental Impact Statement also include steps to be taken to counter possible adverse impacts in the areas of archaeology and architectural heritage; the ecology of the area; relating to traffic and transportation infrastructure and socio-economic factors and material assets.

The mitigation measures proposed to be put in hand have been tailored to the individual sites and in the circumstances prevailing are considered appropriate following the Environmental Statement and so far as the archaeological and architectural historic heritage is concerned the proposals involve a watching brief for the recording and recovery of artifacts, and, if appropriate, recording and preserving in situ which ever is deemed by the watching archeologist as the appropriate action.

In terms of the ecology of the area, perhaps the greatest impact would be the clearance of trees where necessary to carry out the works but there are also areas which are proposed to be cleared of woodland in order to establish an important and more diverse habitat important to the status of the area as a SSSI. This includes the clearance and maintenance of some of the ground habitat to enable invertebrates to re-establish and thrive in this more diverse habitat. Whilst it is important to consider also the woodland habitat, the extensive planting and localized felling to increase the structural diversity of the habitat is also proposed.

Environmental Statement has recognized the existence of various protected species with surveys having been carried out and the intention to update such information when the works commence and continually to monitor a possibly changing situation. Protected species identified include dormice, bats and birds and especially recognized is the need to be vigilant regarding the existence of badger sets. DEFRA licences will need to be obtained in the event that such habitats are found and are likely to be affected by works in connection with the development. It is also intended to establish ”no go” areas to prevent inadvertent disturbance or damage associated with the construction process. Whilst the dormouse survey already implemented has concluded that there is no evidence of dormice in the areas, it is clear that there are protected species of bats and birds, reptiles and possibly badgers so vigilance will be needed to ensure no habitat is destroyed without having first provided an alternative habitat for such species.

In this context the erection of a building to enable bats roosts and hibernation roost be provided as an alternative to the building known as Woodington, before its demolition, is proposed. In addition, any tress which are to be felled are to be inspected to ensure there are no bat roosts or birds nests before the trees are touched and it is also proposed to install a grill or grills over the caves where bats have been found to roost and hibernate to ensure intrusion does not occur and disturb these protected species.

With regard to the traffic and transportation mitigations, the Environmental Statement makes it quite clear that the restoration of the Undercliffe Drive to its former principle route status is considered to be positive, especially when compared to the possible options of a diversion through Whitwell and Niton including the provision of a by-pass and other highway improvements. The study acknowledges that residents along Undercliffe Drive will however be exposed to elevated traffic levels upon completion of the proposed remedial works but given that the reduction was temporary and that its consequences were in almost other respects detrimental, this is not considered to be a significant issue. In other words if the Undercliffe Drive had not been restricted by land instability, the same levels of traffic would have been realized in any event. Accordingly, no mitigation related to traffic levels is proposed.

With regard to the socio-economic impacts, except for area 3, where the greatest landslip has occurred and where the road needs to be diverted, no significant adverse impacts on material assets or the socio-economic environment is anticipated. However, in area 3 the proposed re-alignment will have significant adverse affects on the properties know as Woodington and Timber where substantial proportions of their grounds will be required and, in the case of Woodington House itself, would require demolition. The mitigation measures required will include the landscaping of the realigned route. In consequence, Environmental Statement considers that the remedial works to Undercliffe Drive are expected to reverse those adverse socio-economic consequences of the recent landslide events over the last few years and no further impacts are anticipated as a result of the physical works. Accordingly, no mitigation measures are considered necessary.

CONCLUSION

The Undercliff is an area which is known for severe land instability but the Undercliffe Drive forms part of the principal road network throughout the Island which the UDP policy seeks to retain. The land instability and landslip in the last few years has caused severe disruption to this route, resulting in a section of highway being realigned and restored at Beauchamp at the western end of the section, the subject of this application. The study of the area, expressed in the Environmental Statement shows that the alternatives to the current proposal to restore and realign the Undercliffe Drive are two fold. Either the inland route via Whitwell and Niton could be used but would entail substantial road improvements along its route and possibly by-pass construction and is felt to be unsustainable. The other option is to do nothing and allow the route to submit to natural forces thus accepting an incremental degrading and collapse of the route disrupting not only local access to individual properties, but also an important part of the principal road network, especially an element of the “round the Island” route.

The consultants have designed the scheme which has an anticipated design life of 50 years seeking to restore this section of the principal traffic route to all traffic and for local access as well, It is not part of the planning process to determine the sustainability of this option in economic terms but it is for the planning process to determine the suitability or otherwise of the detailed scheme, it impacts and mitigation in the light of the designations of the area and the policies within the Unitary Development Plan.

Essentially the scheme seeks to improve the alignment of the highway and stabilizing the land by carefully chosen geo-technic engineering techniques in order to stabilize and shore up areas where there is known or likely ground movement and to reduce the risk of further landslides by dewatering lower strata which is considered to be the main promoting factor of land slippage.

Extensive physical works within and adjoining the existing highway corridor will inevitably result in environmental impacts. It is impossible to install a designed stablisation and drainage scheme without a degree of land clearance. Determination of the acceptability of the development will turn on the minimization of such impacts and by the mitigation of those impacts by the necessary steps to best effect.

The Environmental Statement has been prepared following much study work and following close consultation with English Nature who are supportive of the scheme provided that the necessary mitigation works described in the Environmental Statement are implemented and maintained thereafter.

The greatest visual impact realized by the works will be loss of trees. However, contrary to various objectors observations of clear felling throughout the Undercliff, it is apparent that only 7% of the Undercliff would be affected by the works and that would be significantly reduced following replanting and re-landscaping of the area following conclusion of the works. The recommendation is being made to grant planning permission for the works described in the application and in the accompanying statement subject to (amongst others) a condition which prohibits the commencement of work until a contract/agreement has been concluded for each of the areas described in the application, the signatories of which shall include the Council (as applicant), English Nature and any/all land owners relevant to the area concerned. The agreement/contract will require the Council to carry out all of the mitigation measures as described in the Environmental Statement and the continuing maintenance responsibility for the design life of the scheme overall. It will also require the relevant land owners to permit the Council to carry out the mitigation works and to implement the continued maintenance of the scheme and to secure the continued environmental improvements as describe and agreed with English Nature.

HUMAN RIGHTS

JUSTIFICATION FOR RECOMMENDATION

This is an extremely complex and complicated development involving many environmental factors. It is a fundamental policy contained within the UDP (Policy TR12 – The Strategic Road Network) to “approve proposals which maintain the effectiveness of the strategic road network which is presently defined as follows:

a) all existing A class roads”

There is, therefore, a presumption in favour of the principle of maintaining the A class road network including Undercliffe Drive. The physical works will inevitably have impacts. However, bearing in mind the Environmental Statement has been prepared with close consultation with English Nature the majority of the impacts from ecological view point have been addressed. There will be visual impacts from new engineering works and from tree loss but the replanting and landscaping scheme is felt to be appropriate thus creating a varied and diverse landscape in ecological terms and consistent with the aims and objectives of the policies set out within the UDP.

The development is therefore considered to be consistent with Policies TR12 – The Strategic Road Network; C1 – Protection of Landscape Character; C2 - Area of Outstanding Natural Beauty; C3 – Development of Coast outside of Development Envelopes; C4 – Heritage Coast; C8 – Nature Conservation as a material consideration; C9 – Sites of International Importance for Nature Conservation; C10 – Sites of National Importance for Nature Conservation; C11 – Sites of Local Importance for Nature Conservation; C12 – Development affecting trees and woodland; G7 – Unstable Land; G11 – Coastal Development; B9 – Protection of Archaeological Heritage and B10 – Parks and Gardens and Landscapes of Historic Interest.

RECOMMENDATION – Approval

Conditions/Reasons:

1	Time limit - full - A10
2	No development permitted by this planning permission including any excavation, tree felling or undergrowth clearance or any material operation as defined in Section 56 (4) of the Town and Country Planning Act 1990 shall be initiated within any of the areas 1 to 4 identified on the plans until a binding contract has been concluded with English Nature and all of the land owners of that respective area to ensure that mitigation measures and appropriate maintenance responsibilities are carried out in accordance with a comprehensive scheme of works, landscaping and continuing management to be submitted to and approved by the Local Planning Authority. Reason: IN the interest of the amenities and ecology of the area and in accordance with Policies C1, C2, C3, C4, C8, C9, C10, C11, C12, G7, G11, B9 and B10 of the IOW Unitary Development Plan.
3	The property known as Woodington shall not be demolished until an appropriate replacement habitat for bats has been provided on a suitable site within the near vicinity of that building and in accordance with a specification to be submitted to and approved by the Local Planning Authority. Reason: In the interests of the ecological value of the habitat and in accordance with Policies C8, C9 and C10 of the IOW Unitary Development Plan.
4	No trees in any of the sites identified on the approved plans shall be felled until bat boxes in such numbers and locations agreed in writing with the Local Planning Authority have been installed in accordance with a scheme to be submitted to and approved by the Local Planning Authority. Reason: In the interests of the ecological value of the habitat and in accordance with Policies C8, C9 and C10 of the IOW Unitary Development Plan.
5	No trees within the sites the subject of this permission shown on the approved plans for removal shall be felled until examined for the presence of bats and their roosts. Should bats, evidence of bats or their roosts be found, the felling of that tree shall only be undertaken in accordance with a scheme and timetable agreed in advance with the Local Planning Authority. Reason: In the interests of the ecological value of the habitat and in accordance with Policies C8, C9 and C10 of the IOW Unitary Development Plan.
6	No trees within the sites the subject of this permission shown on the approved plans for removal shall be felled until examined for the presence of nesting birds. Should evidence of active birds nests (including nests under construction, eggs or dependent young) be found, the felling of that tree shall only be undertaken in accordance with a scheme and timetable agreed in advance with the Local Planning Authority. Reason: In the interests of the ecological value of the habitat and in accordance with Policies C8, C9 and C10 of the IOW Unitary Development Plan.
7	The tree and shrub planting and seeding of each area as shown in the plans shall be implemented and completed in the first planting season following completion of the development works hereby authorised within that area, strictly in accordance with the details shown in those plans and the environmental statement accompanying the application. Reason: In the interests of the amenities of the area and in accordance with Policies C1, C2, C4 and C8 of the IOW Unitary Development Plan.
8	The materials, finishes and method of construction to be used in the replacement of the bat roosts as required by condition 3 above shall be in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of work in area 3. Reason: In the interests of the amenities of the area and in accordance with Policies C1, C2, C4 and C8 of the IOW Unitary Development Plan.
9	Before works commence in any of the areas, details of stone walls, street furniture and any other construction including barriers, fences, retaining structures etc. shall be submitted to and approved by the Local Planning Authority and, thereafter, the development shall be carried out in accordance with those details. Reason: In the interests of the amenities of the area and in accordance with Policies C1, C2, C4 and C8 of the IOW Unitary Development Plan.
10	Access for archaeologists - P22
11	Site of archaeological interest - P23
12	No works associated with this permission shall commence until a further survey has been carried out to establish whether or not badgers are present in the area where works are due to be carried out. Reason: In the interests of the ecological value of the habitat and in accordance with Policies C8, C9 and C10 of the IOW Unitary Development Plan.
13	Prior to commencement of works in a particular area all working areas shall be fenced off with 'Heras' or similar type fencing to a height of 1.8m and no materials or plant shall be stored outside of the working areas. Reason: In the interests of the ecological value of the habitat and in accordance with Policies C8, C9 and C10 of the IOW Unitary Development Plan.
14	Metal grills in accordance with a specification to be submitted to and approved by the Local Planning Authority shall be installed within the entrance to the caves known to contain bats located in the cliff face before the works hereby approved are completed. Reason: In the interests of the ecological value of the habitat and in accordance with Policies C8, C9 and C10 of the IOW Unitary Development Plan.
15	The Listed gate piers at the entrance to Old Park shall be protected by the erection of 1.8m high 'Heras' (or similar) fence for the duration of the works and the gate piers shall be retained thereafter. Reason: The architectural feature/structure to remain is particularly worthy of preservation and to comply with policies B1 (Alterations and Extensions to Listed Buildings) and B8 (Alterations and Extensions to non-Listed Buildings in Conservation Areas) of the IW Unitary Development Plan.
16	The route of the original road, following the realignment hereby approved, shall be formed into a public pedestrian right of way in accordance with details which shall be submitted to and approved by the Local Planning Authority in writing. Reason: In order to enhance the visual amenities of the area and to improve local rights of way in accordance with Policies C1, C2 and TR17 of the IOW Unitary Development Plan.

16.

TCP/26498/B P/00063/05 Parish/Name: Shanklin Ward: Shanklin Central

Registration Date: 12/01/2005 - Full Planning Permission

Officer: Mr. J. Packman Tel: (01983) 823571

Applicant: Mr & Mrs J Matthews

Retention of single storey side and rear extension; raised deck area and screening as built (application to be determined by the Council's Development Control Committee)

5 Avenue Road, Shanklin, Isle Of Wight, PO377BG

REASON FOR COMMITTEE CONSIDERATION

This application is before the development control committee due to the planning history on the site and the concerns of local member Cllr J Fleming. This application follows a previous application for the retention of a similar scheme.

PROCESSING INFORMATION

This is a minor application, the processing of which will have taken nearly 5 weeks to the date of the committee meeting.

LOCATION AND SITE CHARACTERISTICS

Application relates to a semi-detached property within a residential area. The property is located in a reasonably sized plot that slopes in a southerly direction away from house. The existing arrangement of garden already affords a certain degree of overlooking from property to property looking east. To the western boundary adjoining Milford road there is a 1.2 metre wall, and on the eastern boundary there is 1.5 metre fence. The street scene is mixed with a number of different detached and semi detached properties of different styles, but generally of the same period. The dwelling to which this application relates is built in a red brick style.

RELEVANT HISTORY

A previous application (TCP/26498/A) for retention of single storey side and rear extension; raised deck and screening was presented to committee on two separate occasions and a reduced scheme was successfully negotiated.

The application was considered by members on the 26/10/04 in a revised form and was not accepted. Committee resolved to defer the application to allow opportunity for further negotiations. A revised scheme with reduced deck area was presented before committee on the 16/11/04 and planning consent was granted on the 17/11/04 subject to conditions.

Condition 1 stipulated the removal of a 2.5 x 3.0 metre section of the raised decking closest to number 7 Avenue Road and the leveling of the ground level beneath to match that of the existing grass level with a 2 month compliance period which expired on 17 January 2005. Enforcement action by way of a breach of condition notice is pending the outcome of this revised scheme.

DETAILS OF APPLICATION

Retrospective consent is sought for the retention of a rear extension and raised decking as built. The decking includes a scheme of screening on the eastern boundary that includes a 30mm high section of trellising on top of the existing 1.5 metre high fence and 3 large shrubs in pots. The shrubs are all evergreen two of which are Photinia and one Bay variety. The potted shrubs are between 1.6 and 2.0 metres in height.

DEVELOPMENT PLAN/POLICY

The site is located within the Sandown and Shanklin development envelope.

Relevant Unitary Development Plan policies are as follows:

S6 – All development will be expected to be of a high standard of design

D1 – Standards of design

H7 – Extension and Alteration of Existing Properties

G4 - General locational criteria for development

CONSULTEE RESPONSES

None received.

PARISH/TOWN COUNCIL COMMENTS

None received.

THIRD PARTY REPRESENTATIONS

The application has attracted one letter of objection.

The resident of the neighbouring property objects to the raised decking on grounds of loss of privacy and considers screening is totally unacceptable.

CRIME AND DISORDER IMPLICATIONS

No crime and disorder implications are anticipated.

EVALUATION

Determining factors are policy considerations, how the development will impact on the character and appearance of the area and how the proposal will impact on the amenity of neighbouring properties.

The design of the extension and the decking do not significantly impact upon the character of the dwelling or the street scene. They are of an appropriate design and scale and the materials match the existing dwelling. The extension does not have any windows on the east elevation and therefore does not present any loss of privacy; it has minimum impact on neighbouring amenity.

Both the extension and the raised decking are contained within the same application.

The focus of this report relates specifically to the raised decking so attention should be given to whether the raised decking specifically contributes to a loss of privacy.

A certain level of overlooking already exists on the site, this is exacerbated by a relatively low fence on most of the eastern boundary.

The main issue concerns the degree of visual intrusion and potential noise activity on the decking and whether this adversely impacts on the amenities currently enjoyed by the neighbouring property.

It is accepted that the screening on the eastern boundary would offer a degree of protection and reduce the potential for overlooking of the neighbouring property but having considered the overall height of the fence and lack of permanence of the proposed shrubs grown in pots, I am of the view that this scheme presents an adverse impact on neighbouring amenity. In addition and taking account of advice within Circular 11/95 - The Use of Conditions in Planning Permission and Circular 10/97 Enforcing Planning Control, the Local Planning Authority would have some difficulty in enforcing the retention of this planting given its potentially transient nature. Additionally the extent of plant coverage cannot be controlled and currently does not offer an efficiently satisfactory screening solution.

To conclude, due regard has been given to the original scheme with officer recommendation for approval with 1.8m high opaque screen, Members resolution to reduce the size of the deck and the current scheme. Overriding issue is the resultant impact on neighbouring amenity and degree of enforceability of current scheme. The proposal is therefore unacceptable and contrary to Policy.

HUMAN RIGHTS

In coming to this recommendation to refuse 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 the other property in the area and other third parties have been carefully considered. Whilst there may be some interference with the rights of the applicant to develop the land in the manner proposed, it is considered that the recommendation to refuse 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, I am of the view that the single storey side and rear extension are acceptable in accordance with Policy, the raised decking and provision of screening as proposed on the eastern boundary represents an unacceptable form of development.

RECOMMENDATION 1 – Refusal

Conditions/Reasons:

The construction of the raised decking and provision of screening in the manner shown on the submitted plan would result in development detrimental to the amenities and privacy of the adjoining residential property. The proposal would therefore be contrary to Policy S6 (Be of a High Standard of Design) and Policies D1 (Standards of Design) and H7 (Extension and Alteration of Existing Properties) of the Isle of Wight Unitary Development Plan.

RECOMMENDATION 2

To proceed with the service of a Breach of Condition Notice to secure compliance with the Planning Condition imposed on TCP/26498/A.

17.

TCP/26689 P/02181/04 Parish/Name: East Cowes Ward: East Cowes North

Registration Date: 26/10/2004 - Full Planning Permission

Officer: Mr. A. White Tel: (01983) 823550

Applicant: South East of England Development Agency

Demolition of buildings; formation of temporary trailer park 2 industrial buildings, Castle Street, East Cowes, PO32

REASON FOR COMMITTEE CONSIDERATION

The local Member, Councillor Mrs Lloyd, has requested that this application is reported to Committee as she is concerned about highway implications associated with the proposal and particularly the ability of lorries to negotiate the roundabout at junction of Dover Road, Castle Street and Well Road. She is also concerned that the roundabout could be damaged by lorries as has happened in the past.

PROCESSING INFORMATION

This is a minor application, the processing of which has gone beyond the prescribed 8 week period for determination of planning applications owing to the need for additional information and also the need for Committee consideration.

LOCATION AND SITE CHARACTERISTICS

Application relates to two former Westland Aerospace buildings situated on the eastern side of Castle Street, approximately 30 metres north of the roundabout junction with Well Road and Dover Road. One of the buildings is two storey in height being constructed partly of brick and steel cladding. The other is a brick built single storey structure.

The immediate area is primarily industrial in character, being the former centre of operations for Westland Aerospace. There are residential properties nearby at Dover Road and Well Road, these properties having co-existed with industrial activities and Red Funnel operations for many years.

RELEVANT HISTORY

None.

DETAILS OF APPLICATION

Consent is sought to demolish both buildings and to use the land as a temporary trailer park for a period of five years. It is envisaged that a permanent site for a trailer park will be identified and finalised during this period as part of the long term planned regeneration of East Cowes, which may eventually result in the relocation of Red Funnel’s marshalling yards from their current location.

The proposed temporary trailer park is regarded as a direct replacement of Red Funnel’s current use of the slipway in front of the Columbine Works. Red Funnel has been using the Columbine Slipway for the past 18 months as a short-term holding facility for trailers, in order to improve the efficiency of its ferry operations. It is reported that this has functioned well during this period, but the recent occupation of the Columbine and the Medina waterfront buildings means that it is no longer appropriate for this use to continue in its current position. Additionally, it has become apparent that the slipway is fragile and there are structural problems with it that are being exacerbated by its continued use as a lorry park. It has therefore been necessary to relocate at the earliest opportunity.

The proposed temporary trailer park would contain 13 trailer bays, together with an additional area for parking of smaller vehicles. The trailer park would comprise of a reinforced concrete deck and would have a sealed surface. The site would be drained and include oil interceptors to prevent the pollution of water draining from the site. The perimeter of the site is shown to be secured by 1.8m chain link fencing, and gates will be installed at both of the proposed access points. Existing buildings are currently undergoing demolition and site levels will remain much the same as they are at present.

The application is accompanied by a supporting statement which states that the proposed trailer park needs to be operational for 24 hours a day because much of the trailer traffic occurs at night; this is because night times are the quietest period for car traffic, thus providing maximum capacity on the ferries for HGVs. The typical pattern of trailer movements is up to 120 trailer movements a day during the week, up to 51 on Saturday and up to 86 on Sunday. The supporting statement also includes the following table which estimates the usage profile of the proposed trailer park:

Time period	Maximum No. of trailers using site
00:00	15
03:00	20
06:00	7
09:00	5
12:00	2
15:00	0
18:00	7
21:00	9

Application is also accompanied by vehicle sweep diagrams in respect of the roundabout junction at Dover Road, Well Road and Castle Street. The diagrams are based on a HGV, the largest which would use the trailer park, and show that vehicles of this size are able to negotiate this roundabout in one sweep regardless of which direction they are travelling from.

DEVELOPMENT PLAN/POLICY

Site is within the development envelope for East Cowes as identified in the Isle of Wight Unitary Development (UDP), but is not allocated for any specific purpose.

The following policies are considered relevant to the determination of this application:

S1 - New developments will be concentrated within existing urban areas.

G1 – Development Envelopes for Towns and Villages

G4 – General Locational Criteria of Development

G10–Potential Conflict between proposed development and existing surrounding uses.

D1 – Standards of Design

D2 - Standards for development within the site

E3 – Resist the development of allocated employment land for other uses

TR7 – Highway Considerations for New Development

TR9 - Encourage the provision of improved transport facilities

TR10 – Cross Solent ferry Links

TR11 – Traffic Management Schemes for ferry terminals

P1 - Pollution and Development

U11 - Infrastructure and Services Provision

CONSULTEE RESPONSES

Highway Engineer recommends conditional approval.

Environment Agency raise no objection subject to a condition in respect of site drainage in order to prevent pollution of water environment. Environment Agency were considering the details of the drainage scheme and interceptors at time of writing this report. Comments will be reported at Committee if received, otherwise can be controlled by way of condition and discharged as appropriate.

PARISH/TOWN COUNCIL COMMENTS

East Cowes Town Council raise no objection but ask for the following points to be taken into consideration:

· Lorries driving down Well Road on the way to the trailer park will have difficulties turning around the flower bed situated at the bottom of Well Road. If the application is approved then the Town Council has no objection if the flower bed is removed to ease the turning circle.

· It is strongly recommended that notices be placed directing lorries to the trailer/night park by the agreed route.

THIRD PARTY REPRESENTATIONS

Isle of Wight Society makes the following observations:

· Question whether the proposed underground works would interfere with a Southern Water pipeline that was laid a few years ago.

· Proposed 1.8 metre high fence and gates would be unsightly.

· Question whether existing stretch of planting along the highway boundary would be retained.

Seventeen letters received, of which 15 are in the standard format from different residents, expressing concern in respect of the following:

· No information given as to length of time that temporary lorry park would be required.

· Insufficient information in terms of how site would be accessed.

· Concern that right hand turn from Well Road into Castle Street is not possible for an articulated lorry owing to brick roundabout, therefore meaning that lorries would travel via lower York Avenue, Ferry Road and Phoenix Yard and potentially disturb local residents.

· Visual impact, being just as ugly as the redundant industrial buildings.

One letter submitted drawing attention to hazardous processes and activities that took place from buildings to be demolished.

One letter received expressing support on grounds that proposed site constitutes the most sensible location and is an appropriate use of this redundant industrial site.

CRIME AND DISORDER IMPLICATIONS

No crime and disorder implications are anticipated.

EVALUATION

The need for trailer parking facilities is well documented and has arisen through a combination of an increase in commercial flows to and from the Island, changes to operational practices that improve the efficiency of ferry operations and planning restrictions that prevent the use of the existing marshalling yards for trailer storage. Red Funnel has been using the Columbine slipway over the past 18 months as part of its new arrangement to improve the efficiency of its freight handling operations. Columbine was an ideal short term solution owing to its proximity to the ferry terminal but no longer suitable owing to structural defects to the slipway and re-occupation of building. The application site, being some 150 metres from the ferry terminal, has therefore been identified as an interim solution pending the outcome of major regeneration proposals for East Cowes.

Determining factors in respect of this proposal relate to policy, highway implications and potential disturbance to local residents.

Although not allocated for any specific purpose, site does form part of the industrial centre of East Cowes and has been used as such for many years. As proposed trailer park is not considered to be an employment use in the recognised sense, Policy E3 of the UDP is considered relevant. This policy aims to resist development of employment land/buildings for other uses unrelated to employment, but does list five exceptions to this. Once such exception is where there is an identified need for the proposed use and no other suitable site is available.

The need for a trailer park is proven and is considered essential in order to effectively manage commercial traffic flows to and from the Island. The site is also considered to be in a suitable and sustainable location, being a short distance from the ferry terminal and within a recognised commercial area. There are certainly no better sites currently available. I am therefore satisfied that proposal would comply with recognised exception to Policy E3. Also, bearing in mind the identified need for a trailer park together with nature of surrounding area, it is considered that proposal is well sited to help address the traffic and marshalling problems associated with the Island’s cross Solent ferry terminals and therefore accords with the intentions of Policy TR11.

Policy TR10 specifically refers to cross Solent ferry links and states that associated developments will be approved where adequate access can be achieved to the existing transport network. Policy TR7 is also relevant in this respect. The highway implications associated with this development are of concern to local residents. In particular, whether the trailers are capable of negotiating the roundabout junction at Well Road, Dover Road and Castle Street, potentially resulting in HGVs using residential streets of East Cowes if turning circle at roundabout is too tight. In this respect, agent has submitted vehicle sweep diagrams showing that HGV's could negotiate this roundabout in one motion regardless of which direction they are travelling from. This information has been closely examined by the Highway Engineer who is satisfied that the submitted diagrams are an accurate representation and confirms that this roundabout could be used without causing a hazard or obstruction to other highway users. As such, there is no reason to believe that vehicles would have to travel via lower York Avenue, Ferry Road and the Phoenix Yard which, in any event, would provide a far less efficient route than Well Road. Also, Phoenix Yard is subject of a condition restricting use by commercial vehicles to between hours of 0800 and 2100. Accordingly, proposal accords with Policies TR7 and TR10 of the UDP.

In terms of visual impact, whilst proposed 1.8 metre high enclosure is not ideal, it must be borne in mind that area is industrial in character with buildings of little aesthetical value and that proposal is for a temporary period of five years, at which time the future of this site as part of major regeneration proposals will be more certain.

Regarding drainage implications, surface water run off is unlikely to intensify bearing in mind that much of the site is currently hard surfaced. Environment Agency has been consulted and raise no objection subject to a condition in respect of site drainage, in order to ensure that appropriate connections are made to oil interceptors. The Agency were considering a drainage scheme at the time of preparing this report. In the event that the proposed scheme has not been agreed before Committee consideration, then an appropriate condition would suffice to ensure that drainage scheme is accepted prior to work commencing. Concern has been expressed regarding difficulties that Southern Water may have encountered a few years ago whilst laying a new pipeline immediately outside of site. This concern should have no bearing on the outcome of this application, but I do recommend that a covering letter be issued with the decision notice drawing this concern to the attention of the developer. Taking the above points into consideration, it is considered that proposal accords with Policy U11.

To summarise, the need for a trailer park is proven and the proposed temporary site is considered to be suitable both from a highways and general amenity point of view. Accordingly, proposal accords with Development Plan Policy.

HUMAN RIGHTS

JUSTIFICATION FOR DECISION

Having given due regard an appropriate weight to all material considerations referred to in this report, I consider that the proposal is essential to help address the traffic and marshalling problems associated with cross Solent ferry terminals and that the proposed site is most suitable to serve this purpose. Accordingly, proposal accords with policies contained within the UDP.

RECOMMENDATION 1 - Approval

Conditions/Reasons:

1	Time limit - full - A10
2	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the use hereby permitted is brought into use. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
3	Development shall not begin until details of the design, surfacing and construction of any new roads, footways, accesses and HGV parking areas, together with details of the means of disposal of surface water drainage therefrom 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.
4	The temporary trailer park shall not be occupied until the means of vehicular access thereto has been constructed in accordance with the approved plans. Reason: To ensure adequate access to the proposed development and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
5	The use hereby permitted shall not commence until space has been laid out within the site and drained and surfaced in accordance with drawing number 14926/100/006, 005 and SD228 for 13 HGVs to be parked and the vehicles to turn so that they may enter and leave the site in a forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
6	The trailer park hereby approved shall only be used as a holding facility for trailers that are associated with marshalling activities at Red Funnel Ferry terminal. Reason: This application has been approved on the basis of an identified need and to comply with Policy E3 (a) of (Resist development of allocated employment land for other uses) of the IOW Unitary Development Plan.

RECOMMENDATION 2 - That decision notice is accompanied by a covering letter highlighting concerns raised in respect of difficulties experienced by Southern Water.

18.

TCP/26732 P/02570/04 Parish/Name: Cowes Ward: Cowes Castle East

Registration Date: 07/12/2004 - Full Planning Permission

Officer: Mrs. H. Byrne Tel: (01983) 823594

Applicant: Mr & Mrs Sandell

Alterations; 1st floor extension to provide additional living accommodation to include French doors with railings (Revised Plans)

Candleshoe Cottage, Church Road, Cowes, Isle Of Wight, PO318HA

REASON FOR COMMITTEE CONSIDERATION

Report has been requested by local member, Cllr M O Morgan Huws as he considers the proposed development conflicts with the policies regarding scale and mass and that it represents overdevelopment on the site.

PROCESSING INFORMATION

This is a minor application, the processing of which will have taken 10 weeks to the date of the committee meeting. The application has exceeded the prescribed 8 week period for the determination of planning applications due to the need for committee consideration.

LOCATION AND SITE CHARACTERISTICS

Application relates to a modest cottage occupying a small plot within the newly extended Cowes Conservation Area. Properties in the immediate locality are in quite close proximity to each other and mutual overlooking is in evidence. The flank and rear wall of the cottage form the boundaries of the site, the remaining boundaries are defined by a 1.8 metre high brick wall.

Immediate locality consists mainly of modest Victorian dwellings in varying plot sizes.

The Property has previously been extended at the side by means of a single storey flat roofed extension. The application indicates that this flat roof has previously been used as a roof terrace.

RELEVANT HISTORY

None

DETAILS OF APPLICATION

Original submission included provision of a balcony at first floor level. However balcony has been omitted, the first floor extension has also been reduced in size.

Consent is now sought for alterations to the front elevation of the property to include the replacement of patio doors with two sets of timber French doors, the insertion of a new timber front door and replacement timber window. There will also be an additional window at 1^st floor level on this elevation as a result of the proposed first floor extension, which will extend 3.3 metres out over the existing flat roof extension, to include French doors in the east elevation with railings across the opening. Consent is also sought to clad two elevations of the building in ‘Eternit’ weatherboard.

DEVELOPMENT PLAN/POLICY

Site is located within the development envelope and the recently extended Conservation Area. Relevant Policies of the Unitary Development Plan are as follows:

S6 – All development will be expected to be of a high standard of design

D1 – Standards of design

B6 – Protection and enhancement of conservation areas

H7 - Extension and alteration of existing properties

G4 - General locational criteria for development

B2 – Settings of listed buildings

C12 - Development Affecting Trees and Woodland

CONSULTEE RESPONSES

Conservation Officer considers proposal to have little or no impact on the character or appearance of the conservation area and on that basis does not wish to comment further.

PARISH /TOWN COUNCIL COMMENTS

Cowes Town Council objected to the original scheme on the grounds that the position of the proposed balcony would be too intrusive and would affect the privacy of neighbouring properties. No further comments in respect of the revised scheme have been requested.

THIRD PARTY REPRESENTATIONS

The application has attracted eleven letters of objection from nine properties, the details of which are summarised below:

· Extension will affect view, light and privacy to neighbouring properties and presents significant harm and intrusion, overbearing and causing loss of amenity.

· Impact on Conservation Area and adjacent Listed Buildings.

· Balcony intrusive, loss of privacy, noise generation.

· Inaccuracies in submitted details and plans, also relating to previous use as balcony and adjacent trees.

· Density of development is high, overdevelopment, out of character.

· Concern regarding future arrangement of accommodation.

· Impact on trees and lack of landscaping.

· Proposed materials out of keeping.

CRIME AND DISORDER IMPLICATIONS

No crime and disorder implications are anticipated.

EVALUATION

Determining factors in considering this application are the size, design and form of the proposal in relation to the existing and surrounding properties, the impact on neighbouring amenity, the impact on the character of the area and whether the proposal maintains or enhances the character of the built environment and Conservation area or affects the setting of the nearby Listed Buildings.

The property currently has a large flat roof extension which is not in keeping with the existing style of property. The proposal seeks to add a first floor extension extending 3.3 metres from the existing first floor over the existing flat roof and to clad the building on two elevations with ‘Eternit’ weatherboard. There is a variety of building materials and finishes in the area and therefore this material is not considered to be out of keeping.

With regard to third party comments relating to inaccuracies in the submitted details, the application has been assessed on merit, taking into account site characteristics. Furthermore, it is not anticipated that the trees in the adjacent garden will be adversely affected.

Concern regarding future arrangement of internal accommodation cannot be reasonably enforced by planning condition.

The revised first floor extension will respect the visual integrity of the host building and the provision of inward opening French doors with railings across the opening and reduced glazing, minimises the potential for overlooking and loss of privacy. The scale of the proposal is acceptable in relation to the original dwelling and presents no adverse impact on the designated Conservation Area or nearby Listed Buildings. I am satisfied that the revised scheme has overcome the issues regarding loss of privacy and dominance.

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 properties 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, I am satisfied that the revised proposal represents an acceptable form of development having minimal impact on the neighbouring properties, street scene and character of the area.

RECOMMENDATION – APPROVAL

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. Reason: To comply with section 91 of the Town and Country Planning Act 1990.
2	The development hereby permitted shall be constructed using only the materials, details of which are shown on the approved plans or in accordance with details to be agreed in writing with the Local Planning Authority. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of design) of the Isle of Wight Unitary Development Plan
3	The roof area adjacent bedroom 1, as shown on the approved plans, shall not be used as a balcony, roof garden or similar amenity area without the grant of further specific permission from the Local Planning Authority. Reason: In the interests of the amenities of the adjoining neighbours and to comply with policy D1 (Standards of design) of the Isle of Wight Unitary Development Plan.
4	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order, with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed in the south east elevation of the property. Reason: In the interests of the character and amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development plan.

ANDREW ASHCROFT

Head of Planning Services