LINK TO REVISED MINUTES OF 15 MARCH 2005

 

MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 15 MARCH 2005 COMMENCING AT 5.00 PM

 

Present :

 

Mrs M J Miller (Chairman), Mr B E Abraham, Mr A C Coburn, Mr J H Fleming, Mrs B Foster (deputising for Mr V J Morey), Mr E Fox, Mr J F Howe, Mrs B Lawson (deputising for Mrs M A Jarman), Mr I R Stephens (deputising for Mr C Chapman), Mr A A Taylor, Mr J A Whittaker, Mr D G Williams, Mr D T Yates

 

Apologies :   

 

                        Mr C B W Chapman, Mrs M A Jarman, Mr C H Lillywhite, Mr V J Morey

 

Also Present :

 

Mr R R Barry, Mr J Effemey, Mrs M A Jarman, Mr R G Mazillius, Mrs M J Lloyd,

 


 


87.             MINUTES

 

RESOLVED :

 

THAT the Minutes of the meeting held on 25 February 2005 be confirmed.

 

88.             DECLARATIONS OF INTEREST

 

Interests were declared in the following matters:

 

Mr I R Stephens declared a personal interest in Minute 97 (a) (i), item 2, Wyatts Lane, Cowes, as he knew two objectors.

 

Mrs T M Butchers declared a personal interest in Minute 97 (a) (i), item 4, Wheatsheaf Lane, Yarmouth as she knew the Agent from previous Development Control meetings.

 

Mrs M J Miller declared a personal interest in Minute 97 (a) (i), item 4, 1 Wheatsheaf Lane, Yarmouth as she knew the Agent from previous Development Control meetings.

 

Mr J F Howe declared a personal interest in Minute 97 (a) (i), item 4, 1 Wheatsheaf Lane, Yarmouth as he knew the Agent from previous Development Control meetings.

 

Mrs B Lawson declared a personal interest in Minute 97 (a) (i), item 4, 1 Wheatsheaf Lane, Yarmouth as she knew the Agent from previous Development Control meetings.

 

Mr A Taylor declared a personal interest in Minute 97 (a) (i), item 4, 1 Wheatsheaf Lane, Yarmouth as he knew the Agent from previous Development Control meetings.

 

Mr A Taylor declared a personal interest in Minute 97 (a) (i), item 5, 238, Upton Road, Ryde as he knew two of the objectors

 

Mr D G Williams declared a personal interest in Minute 97 (a) (i), item 6, land off Chawton Lane, Cowes, as he knew the Architect and Applicant

 

Mr D G Williams declared a personal and prejudicial interest in Minute 97 (a) (i), item 7, Land adjoining and rear of Whinscott, Bannock Road, Whitwell, as had worked for the Applicant as a sub-contractor.

 

Mr J F Howe declared a personal and prejudicial interest in Minute 97 (a) (i), item 8, 48 Holiday Chalets, Totland Bay, as a member of the Parish Council.

 

Mr J H Fleming declared a personal interest in Minute 97 (a) (i), item 8, 48 Holiday Chalets, Totland Bay, as the Councils Portfolio Holder for Tourism and Leisure

 

Mr J H Fleming declared a personal interest in Minute 97 (a) (i), item 9, Conversion of Barn, Ventnor as the Councils Portfolio Holder for Tourism and Leisure

 

Mrs M J Miller declared a personal interest in Minute 97 (a) (i), item 10, St Mildreds Rectory, East Cowes, as a Member of East Cowes Parish Council and she knew the objector

 

Mrs T M Butchers declared a personal interest in Minute 97 (a) (i), item 13, Edina, Mill Road, Yarmouth as she knew two objectors.

 

Mr J H Fleming declared a personal interest in Minute 97 (a) (i), item 14, Westridge Centre, Ryde as the Councils Portfolio Holder for Tourism and Leisure

 

Mr J Whittaker declared a personal and prejudicial interest in Minute 97 (a) (i), item 15, Needles Pleasure Park, Alum Bay, as he had a business interest.

 

Mrs M Kirkman declared a personal interest in Minute 97 (a) (i), item 16, Land adjacent 1 Gordon Close, Ryde as she knew the objector in a professional capacity.

 

Mrs T M Butchers declared a personal and prejudicial interest in Minute 96 Page 17 as she new the home owner.

 

89.             CONSULTATION PAPER - CHANGES TO THE DEVELOPMENT CONTROL SYSTEM

 

The Committee received the above report, to draw members attention to proposed changes in the development control system and the DC Managers response to the relevant consultation paper.

 

RESOLVED :

 

a)                 To request that consideration be given to extending Section 43 of the new Act to include the ability to decline to determine a retrospective application where there is already a valid and service enforcement notice.

 

b)                 To note the action taken by Planning Officers who have declined to respond to the consultation on the basis that the proposed changes to the development control system are considered to be reasonable and sustainable

 

90.             DEVELOPMENT TEAM APPROACH

 

To outline the proposed implementation of a Development Team Approach for the determination of significant planning applications. In discussion it was agreed that this item should be referred to the Executive.

 

RESOLVED :

 

a)               THAT Members note the introduction of a Development Team Approach.

 

b)               THAT a letter be sent to all Members on its introduction and the importance of referring all such enquiries into the Development Team.

 

91.             MONITORING OFFICER REPORT

 

The Committee received the report of the Monitoring Officer. The constitution required the Monitoring Officer to report to the Committee setting out numbers and types of departures from planning policy and the numbers and types of decisions against officers’ advice.

 

Members raised concerns regarding the recording and suggested analysis of Development Control Member voting.

 

RESOLVED :

 

a)                 THAT the report be noted.

 

b)                 THAT the proforma attached as Appendix 1 be completed for a trial period of six months to form the basis of the next report to the Committee.

 

92.             BEST PRACTICE GUIDANCE

 

The Committee received the above report, to familiarise members with the publication of a Best Practice Guide into the use of Section 215 produced by the Office of the Deputy Prime Minister (ODPM).

 

RESOLVED :

 

            THAT the Best Practice Guidance produced in connection with Section 215 of the Town and Country Planning Act 1990 be noted.

 

93.             PLANNING SYSTEM: GENERAL PRINCIPLES AND PLANNING POLICY STATEMENT 1:DELIVERING SUSTAINABLE DEVELOPMENT

 

The report drew members attention to the recent publication of two important documents prepared by the ODPM. The first document was entitled Planning System : General Principles and the second document was the new PPS1 entitled delivering Sustainable Development.

 

RESOLVED :

 

            THAT the report be noted.

 

94.             CIRCULAR 01/2005

 

The report aimed to familiarise Members with the content of the above mentioned circular, which was issued on the 24 January 2005.

 

RESOLVED :

 

            THAT the report be noted.

 

95.             ANNOUNCEMENT ON CHANGES TO USE CLASSES ORDER (UCO)

 

The above report sought to familiarise Members with changes, recently announced by Government to the Use Classes Order and the General Permitted Development Order, which would come into force on the 21 April 2005.

 

RESOLVED :

 

            THAT the report be noted.

 

96.             UPDATE - OUTSTANDING ISLE OF WIGHT COUNCIL ENFORCEMENT ACTIONS POSITION AS OF 28 FEBRUARY 2005

 

Members received the above report which provided an update on outstanding Enforcement Actions as of 28 February 2005.

 

RESOLVED :

 

            THAT the report be noted.

 

97.             REPORT OF THE HEAD OF PLANNING SERVICES

 

 

(a)               Planning Applications and Related Matters

 

(i)                 Part II and Part III

 

Consideration was given to items 1 - 16 of the report of the Head of Planning Services.

 

RESOLVED :

 

THAT the applications be determined as detailed below :

 

The reasons for the resolutions made in accordance with Officer recommendation are given in the Planning report.  Where resolutions are made contrary to Officer recommendation the reasons for doing so are contained in the minutes.

 

A schedule of additional representations received after the printing of the report was submitted at the beginning of the meeting and were drawn to the attention of Members when considering the application. A note is made to this effect in the minutes.

 

 

Application:

TCP/00634/F   P/02379/04

Details:

Outline for a dwelling; formation of vehicular access (revised scheme)

 

Land adjacent Pearl Cottage, Ferniclose Road, Seaview

Public Participants:

Mr Stephen Bradley (Objector)

Mr Ian Hodder (Applicant)

Additional Representations:

None

Comment:

The local Member spoke on this item.

Decision:

Committee has taken into consideration and agrees with the reasons for the recommendation as set out under paragraph titled Justification for Recommendation of the report and resolves.

 

Conditional planning approval, subject to the conditions set out in the Part II Register

Conditions:

As per report (item 1)

Application:

TCP/00969/D   P/01540/04

Details:

Demolition of 2 dwellings; outline for 1 chalet bungalow, 2 bungalows & a terrace of 3 houses with parking; formation of access drive & alterations to vehicular access (revised plans) (readvertised application)

10 and 12, Wyatts Lane, Cowes

Public Participants:

Mr Jonathan Ely (Objector)

Mr Richard Blanchard (Objector)

Mr Martin Hayles (Agent)

Additional Representations:

Comments from Highways Engineers

 

A letter of comment from a local resident

Comment:

The Local Member spoke on this item

Decision:

Deferred by the Development Control Committee for a Site Inspection

Conditions:

As per report (item 2) subject to an amendment to Condition 5 on Page 12 of the report which should read “Ł20,000”

Application:

TCP/01612/G   P/01662/04

Details:

Demolition of workshop; construction of 1 dwelling (revised plans)

Island Joinery Ltd, St. Johns Road,

Wroxall, Ventnor

Public Participants:

Mrs Barbara Field (Objector)

Additional Representations:

None

Comment:

None

Decision:

Deferred by the Development Control Committee for a Site Inspection

Conditions:

As per report (item 3)

Application:

TCP/01680/K   P/02422/04

Details:

Replacement windows to 1st floor flat

1 Wheatsheaf Lane, Yarmouth

Public Participants:

Mr Mike Jordan (Agent)

Additional Representations:

None

Comment:

The local Member spoke on this item

Decision:

Committee has taken into consideration and agrees with the reasons for the recommendation as set out under paragraph titled Justification for Recommendation of the report and resolves.

 

Refusal of planning permission, for the reasons set out in the Part II Register

Condition:

As per report (item 4)

Application:

TCP/06502/D   P/02195/04

Details:

Demolition of bungalow; outline for residential development with parking & access off Windmill Close (revised scheme)

238 Upton Road, Ryde

Public Participants:

Mr Vernon Gibbs (Objector)

Mrs Jane Forester (On behalf of the applicant)

Additional Representations:

None

Comment:

None

Decision:

Committee has taken into consideration and agrees with the reasons for the recommendation as set out under paragraph titled Justification for Recommendation of the report and resolves.

 

Conditional planning approval, subject to the conditions set out in the Part II Register

Conditions:

As per report (item 5)

Application:

TCP/14203/D   P/00255/03

Details:

Change of use of agricultural land to form a golf course; outline for clubhouse, shop, staff accommodation, maintenance facilities, car park and access road

Land off, Chawton Lane, Cowes

Public Participants:

Mr Ian Green (Objector)

Miss Jay Shipley (Objector)

 

Additional Representations:

Communication had been received from the applicant seeking a deferral in order to provide additional information. However, it was agreed that the application would be reported to the Development Control Committee in order to seek from Members agreement to the principle of the development, subject to the outstanding matters being satisfactorily resolved.

Comment:

The local Member spoke on this item

Decision:

Members considered this to be an inappropriate location for a golf course and resolved to refuse the application.  A further report will be reported to the meeting of the Development Control Committee on 12 April 2005 for detailed consideration of the reasons for refusal.

Conditions:

As per report (item 6)

Application:

TCP/15752/X   P/01077/04

Details:

48 holiday chalets; building to provide reception/office facilities with wardens flat over; outdoor swimming pool & tennis courts

Island View Chalets, Fort Warden Road, Totland Bay

Public Participants:

Mr David Filby (On behalf of Parish Council)

Additional Representations:

None

Comment:

None

Decision:

Committee has taken into consideration and agrees with the reasons for the recommendation as set out under paragraph titled Justification for Recommendation of the report and resolves.

 

Conditional planning approval, subject to the conditions set out in the Part II Register and subject to a planning obligation requiring the site operator to keep a register of visitors to the site which would need to be available for inspection at the request of the Local Planning Authority.

Conditions:

As per report (item 8)

Application:

TCP/16761/C   P/02170/04

Details:

Conversion of redundant barn to unit of holiday accommodation with decked raised terrace and balustrading on south west elevation; alterations to vehicular access

Gladices Barn, Gladices Lane, Chale Green, Ventnor

Public Participants:

Mr Malcolm Groves (Objector)

Mrs Sue Starke (On behalf of Parish Council)

Mr Michael O’Keefe (Applicant)

Additional Representations:

Request from Applicants agent that the item be deferred

Comment:

None

Decision:

Item was deferred by Officers

Conditions:

As per report (item 9)

Application:

TCP/17752/E   P/00844/04

Details:

Demolition of former rectory; construction of 3 storey block with third floor circular tower feature providing total of 10 flats; parking/2 integral garages & vehicular access off Cambridge Road, (revised scheme), (revised design), (readvertised application)

St. Mildreds Rectory, 73 Cambridge Road, East Cowes

Public Participants:

Mr John Mead (Objector)

Mrs Margaret Webster (On behalf of Town Council)

Additional Representations:

None

Comment:

The local Members spoke on this item

Decision:

Deferred by the Development Control Committee to allow an alternative site for development to be found.

Conditions:

As per report (item 10)

Application:

TCP/25011/A   P/00019/05

Details:

Retention of dwelling as constructed

Edina, Mill Road, Yarmouth

Public Participants:

Mrs Karen Cronin (Objector)

Mr Peter Harris (Objector)

Mr Roger Shrimplin (Agent)

Additional Representations:

A letter of comment received from a Yarmouth resident

Comment:

The local Member spoke on this item

Decision:

Committee has taken into consideration and agrees with the reasons for the recommendation as set out under paragraph titled Justification for Recommendation of the report and resolves.

 

Refusal of planning permission, for the reasons set out in the Part II Register

Conditions:

As per report (item 13)

Application:

TCP/26549/B   P/02513/04

Details:

Retention of storage building linked to 'Junior Driver' attraction

Needles Pleasure Park, Alum Bay, Totland Bay

Public Participants:

Mr Brian Thompson (Objector)

Mr David Filby (On behalf of Parish Council)

Additional Representations:

None

Comment:

None

Decision:

Deferred by the Development Control Committee for a Site Inspection

Conditions:

As per report (item 15)

Application:

TCP/26556/A   P/02688/04

Details:

Demolition of garage; construction of end of terrace house; formation of vehicular access

Land adjacent 1, Gordon Close, Ryde

Public Participants:

Mr Michael Mills (Objector)

Additional Representations:

None

Comment:

The local Member spoke on this item

Decision:

Deferred by the Development Control Committee for a Site Inspection

Conditions:

As per report (item 16)

Application:

TCP/14661/D   P/01832/04

Details:

Erection of two pairs of semi-detached houses & a terrace of three houses with parking and access off Bannock Road 

Land adjoining and rear of Whinscott, Bannock Road, Whitwell, Ventnor

Public Participants:

None

Additional Representations:

A letter had been received from the owner/occupier of the property

 

A letter of comment was received from a local resident.

 

A letter and traffic survey received from a consultant acting on behalf of the applicant

Comment:

None

Decision:

Committee has taken into consideration and agrees with the reasons for the recommendation as set out under paragraph titled Justification for Recommendation of the report and resolves.

 

Conditional planning approval, subject to the conditions set out in the Part II Register

Conditions:

As per report (item 7) subject to Condition 7 being amended to include the following “The additional planting shall be carried out in accordance with the approved details and in accordance with an agreed timescale”

Application :

TCP/23329/H P/01917/04 and LBC/23329/J P/01921/04

Details :

Construction of yacht haven & town pier

 

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

Public Participants:

None

Additional Representations:

A archaeological desk based assessment had been received

 

Advice had been received from the Council’s Ecology Officer

 

Email had been received from applicants agent

Comment:

None

Decision:

Committee has taken into consideration and agrees with the reasons for the recommendation as set out under paragraph titled Justification for Recommendation of the report and resolves.

 

Conditional planning approval, subject to the conditions set out in the Part II Register

 

Resolution to approve the application for Listed Building Consent is subject to referral to the Government Office for the South East.

Conditions:

As per report (item 11 & 12)

Applications:

TCP/25830/A P/01992/04

Details:

New entrance porch with canopy; change of use of conference room to office accommodation; alterations to upgrade and refurbish facilities; additional car parking area

 

Westridge Centre, Brading Road, Ryde

Public Participants:

None

Additional Representations:

Highways Engineers had carried out parking provision calculations

Comment:

None

Decision:

Committee has taken into consideration and agrees with the reasons for the recommendation as set out under paragraph titled Justification for Recommendation of the report and resolves.

 

Conditional planning approval, subject to the conditions set out in the Part II Register and an additional condition requiring details to be submitted to provide for maximum parking provision as outlined in report

 

Resolution to approve the application is subject to referral to Government Office for the South East

Condition:

As per report (item 14)

 

(b)               Schedule of Appeals

 

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

 

RESOLVED :

 

THAT the report be noted.

 

98.             URGENT BUSINESS

 

The Chairman agreed to the following item of urgent business, as a decision was needed before the next meeting.

 

TCP/13798/C-P/01572/04 - Demolition of shops and flats;3/4 storey building to form retail stare (Class A1) with 9 flats over; vehicular access and basement parking (revised plans) (re-advertised application); Island Furnishing, 52-58 High Street, Ventnor

 

Members considered a request from the applicant’s agent in connection with a specific condition imposed on the Conservation Area Consent concerning the proposed development

 

RESOLVED :

 

THAT Members accept that the prospective developer had a sustainable argument and agree to suspend any potential enforcement action in respect of the breach of condition for a period of six months subject to the developers:

 

·        Providing written confirmation of their recognition that they fail to satisfy the terms of the planning condition by 15 September 2005 they will be in breach of planning condition which may result in the service of a Breach of Condition Notice.

 

·        Prior to any demolition works taking place on site the developer is required to submit for approval details of the overall height and decoration of the temporary hoarding that will be used to screen the cleared site.

 

 

 

CHAIRMAN