Development Control Committee Minutes 16 July 2002

MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 16 JULY 2002 COMMENCING AT 6.00 PM

Mrs M J Miller (Chairman), Mr A C Coburn, Mr J H Fleming, Mr E Fox, Mr J F Howe, Mrs M A Jarman, Mr D J Knowles, Mr C H Lillywhite, Mr A A Taylor, Mr I R Stephens (deputising for Mr C B W Chapman), Mr D G Williams, Mr D T Yates

Mr N Robertson of Veniscombe House, High Street, Newchurch, Isle of Wight asked a question in relation to Bartletts Service Station, High Street, Newchurch (PQ 76/02).

Mrs B Lawson declared a personal interest in Minute 33 (a) - Ashlake Copse Road, Fishbourne and remained present.

Mr A C Coburn declared a personal interest in Minute 34 (d) 14 - Land to rear of Downside Middle School, Newport and remained present.

The Chairman agreed to three items of urgent business as a decision was required prior to the next meeting with two of the items and it was necessary to advise members of the latest position with the other.

(a) DECISION TO SERVE BREACH OF CONDITION NOTICE IN RESPECT OF UNAUTHORISED USE OF ASHLAKE COPSE ROAD AT FISHBOURNE BY ALUMINIUM SHIPBUILDERS LTD

(Mrs B Lawson declared a personal interest in this item and took no part in the discussion or voting).

Members were advised that following complaints from residents of Ashlake Copse Road investigations had been undertaken into the road being used by construction traffic. The Committee were reminded that conditions had been imposed relating to the to prevention of construction traffic using Ashlake Copse Road.

A Breach of Condition Notice had been served on Aluminium Shipbuilders Ltd for breach of conditions, with 28 days to resolve the breach of planning controls.

THAT the action taken by Enforcement Officers on behalf of the Council in respect of the breach of planning conditions be noted.

(b) TCP/555G - 100 2/3/4 BEDROOM HOUSES WITH GARAGES/PARKING, ACCESS OFF OLD ROAD, FORMER WESTLANDS SPORTS GROUND, OLD ROAD, EAST COWES

Members were reminded that the application had previously been considered at the Development Control Committee meeting held on 23 April 2002. At that meeting members decided to grant conditional planning permission subject to the applicants entering into a Section 106 Agreement to make a financial contribution of an agreed sum towards the future maintenance of open space areas and a financial contribution of £5,000 towards upgrading existing off site play areas.

The Director explained how payment for the maintenance of open space was calculated and advised that the developer proposed to establish a management company in order to administer the future maintenance of those areas. Members believed that a significant financial contribution should be made to the proposed management company by the developer.

With regard to the affordable housing element of the application it was anticipated that of the eleven units available, seven would be for rent with the remaining four being in shared ownership.

(i) THAT notwithstanding the position on the negotiations in respect of the application, a Corporate Policy should be developed for the transfer and subsequent maintenance by the Council of all open spaces on housing/commercial developments, and this should be achieved by a commuted sum of money with set requirement for both soft and hard landscaping.

(ii) THAT in this particular case, the Council accept the alternative proposition put forward by the developers to manage open space by a management company as opposed to transferring the land and leaving the subsequent maintenance to the Council. The developers to show that a substantial amount of money is transferred to the management company following the grant of planning permission and to be on similar lines to that established on similar sites in East Cowes.

(iii) THAT the provision of seven rented units and four shared ownership units as an amendment to the original proposal be accepted as it meets the required provision of affordable housing.

The Committee were reminded that the application had previously been considered at the Development Control Committee meeting held on 6 November 2001. At that meeting members decided to grant conditional approval subject to the applicant entering into a Section 106 Agreement to co-ordinate the residential development of the site with light industrial development approved for Plot 2 of Westridge Business Park in accordance with a schedule to be agreed with the Local Planning Authority.

At a meeting of the Committee held on 14 May 2002 it was decided to defer the matter to allow members to read the report, that the Section 106 Agreement should include a business plan, and that the owner of the major part of the site should be party to the Agreement linking other land in his ownership to the development as an alternative employment scheme.

Officers had written to the Solicitors acting on behalf of the respective parties which asked for a positive response to the latest resolution within five working days. They were warned that a failure to respond would mean that the matter would be reported back to the Development Control Committee who would then have the option to refuse permission. There had been no response from either party.

Members were advised that they should take into account that there had been a change in circumstances in recent weeks in connection with the on site management of Neutrik (UK) Ltd, and that the major part of the site was being offered for sale on the open market.

(i) THAT the applicant and other interested parties be formally requested to withdraw the application.

(ii) THAT if the applicant and other interested parties fail to withdraw the application within the next 28 days, then the Council, as Local Planning Authority, in accordance with Article 25 (11) of the town and Country Planning (General Development Procedure) Order 1995 finally dispose of the application.

(a) TCP/02706/A - Provision of Children’s Play Area, Church Litten Park, Church Litten, Newport, Isle of Wight

Members were reminded that the application had been considered by the Committee on the 14 June 2002 following a site inspection. At that meeting members decided to defer a decision to enable further negotiations to be carried out with regard to the size and location of the proposed play area.

Revised plans show that the play area had been relocated to a more peripheral site within Church Litten Park, there had also been a significant reduction in area from that originally proposed.

(b) TCP/24716 - Diversion of Undercliff Drive for Local Access and Emergency Use: Beauchamp House, Beauchamp Cottage and Adjacent Land, St Lawrence

The Committee gave consideration to the provision of a temporary road link to circumvent the breach in the A3055 caused by a landslide immediately south of Beauchamp House. Members believed the link would be an overall benefit to the Island and provided that any adverse impacts could be ameliorated, would accord with strategic Policy S5 of the Unitary Development Plan. An ecological survey had been received from the applicants agent.

THAT the application be approved subject to the conditions set out with the following amendments :

Insertion of the words ‘by the Council’s Ecology Officer’ after the words ‘examined’ in the first sentence of Conditions 3 and 4.

9. Any site clearance pursuant to this consent shall be undertaken only between 1 September and 1 March.

Reason : To protect the habitat of nesting birds in accordance with Policy C8 (Nature Conservation as a Material Consideration) of the Isle of Wight Unitary Development Plan.

Consideration was given to items 1 - 20 of the report of the Strategic Director of Corporate and Environment Services.

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/01800/K
Details:	Metropole Hotel, Esplanade, Ventnor, Isle Of Wight, PO38 1JS. Demolition of building; construction of 4/5/6 storey building to form 14 flats, 8 holiday flats, restaurant with conservatory and parking facilities (revised plans)
Additional Representations:	None.
Decision:	That the applicant be advised that the demolition of the hotel premises and redevelopment of the site with a mixed use development, as proposed, is considered to be acceptable in principle and that the scale, mass, design and general appearance of the building are acceptable, subject to Members being satisfied with regard to the outstanding matters as follows: 1. Financial justification for the level of tourism accommodation to be provided within the development. 2. Information regarding capacity of the drainage system in the area to enable the authority to assess its adequacy to serve the proposed development. 3. Submission of development costs associated with the proposal to assure the Local Planning Authority that potential benefits to the area in terms of tourism and the tidying up of the site justify setting aside policy requirement to provide affordable housing. 4. Submission of further information in respect of ground stability as recommended by the Principal Building Control Surveyor.
Conditions	As per report (Item 1)

Application:	TCP/02180/C
Details:	D G Laundry Services, 65-67 New Street, Newport, Isle Of Wight, PO30 1PX Demolition of building; pair of semi-detached bungalows and a pair of town houses.
Additional Representations:	None.
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register.
Reasons:	As per report (Item 2)

Application:	TCP/02322/Y
Details:	Land adjacent Tanahlot and rear of 6-7, Pippins Close, Brighstone, Newport, Isle of Wight. Outline for 2 bungalows and garages with access off Pippins Close.
Additional Representations:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (item 3).

Application:	TCP/02508/J
Details:	Fairway Park Football Ground, The Fairway, Sandown, Isle of Wight. Demolition of 40 The Fairway; Outline for 11 bungalows; formation of vehicular access.
Additional Representations:	None.
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register.
Reasons:	As per report (item 4).

Application:	TCP/03148/A
Details:	28 Westwood Road, Ryde, Isle Of Wight, PO33 3BJ. 2 storey extension to form kitchen/breakfast room and sitting room on ground floor with 3 bedrooms over (revised plans).
Additional Representations:	Comments from the Building Control Officer. A letter of objection.
Decision:	Deferred for a Site Inspection.
Conditions	As per report (Item 5).

Application:	TCP/03886/P
Details:	Land adjacent, forming part of Binstead Auto Centre, Binstead Road, Ryde, Isle of Wight. Demolition of garage workshops and stores; erection of 9 houses in 2 terraces with parking and access off Binstead Hill (revised siting) (readvertised application).
Additional Representations:	None.
Decision:	Deferred for a Site Inspection.
Conditions	As per report (item 6).

Application:	TCP/10564/D
Details:	Batemans (Opticians) Ltd, 40 High Street, Shanklin, Isle Of Wight, PO37 6JN. Alterations and change of use from opticians to estate agents.
Additional Representations:	Highway Officer states there are no highway implications.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register. That a covering letter be sent with decision advising new signage may require advertisement consent.
Conditions	As per report (Item 7).

Application:	TCP/11796/J
Details:	Bartletts Service Station, High Street, Newchurch, Sandown, Isle Of Wight, PO36 0NF. Demolition of garage and workshop; residential development of 12 houses to include conversion of existing barn with associated parking and alterations to vehicular access.
Additional Representations:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 8).

Application:	TCP/12199/L
Details:	New dwelling adjacent 1 Lansdowne Cottage, New Road, Brading, Sandown, Isle of Wight. Retention of balcony at 1st floor level on front elevation and window at ground floor on southern elevation (revised plans)
Additional Representations:	Revised plans showing better design for the balcony.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (item 9).

Application:	TCP/12592/E
Details:	Land to rear and adjacent Chester Lodge Hotel, 7, Beachfield Road, Sandown, Isle of Wight. Demolition of part of hotel; outline for 4 dwellings and garages; rearrangement of hotel parking.
Additional Representations:	Highway Officer’s suggest additional conditions.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 10). K41 - The turning space on the application shall be retained to enable vehicles to enter and leave in a forward gear and this shall be maintained and kept available for that purpose at all times.

Application:	TCP/14571/H
Details:	Land adjacent Downs Cottage, Moons Hill, Totland Bay, Isle of Wight. Proposed agricultural store and implement shed.
Additional Representations:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 11).

Application:	TCP/17608/D
Details:	Land adjacent Upper Garden Lodge, Park Avenue, Ventnor, Isle of Wight. Detached house; formation of hardstanding and driveway.
Additional Representations:	The Badger Action Group has no objection. Comments from the Council’s Tree and Landscape Officer who suggests additional condition.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register. (revised plans) (standard covering letter regarding ground conditions).
Conditions	As per report (Item 12). Additional condition as follows : Before any construction work is commenced, full details of route, depth and width of any service trenches proposed shall be submitted to the Local Planning Authority for agreement. No excavation of any agreed trench shall be undertaken until the Local Planning Authority has been notified of the date on which excavation is due to commence and the Local Planning Authority shall be given the opportunity to supervise the excavation insofar as it may impinge on the root spread of any trees or significant vegetation within the site. Such excavation shall be carried out in accordance with the agreed requirements of the Local Planning Authority. Reason : To ensure that trees and other natural landscape features are not adversely affected by the construction of services to and from the development and to comply with Policy C12 (Development Affecting Trees and Woodland) of the Isle of Wight Unitary Development Plan.

Application:	TCP/20083/H
Details:	Land adjacent Vikoma Offices, Prospect Road, Cowes, Isle of Wight, PO31 7AD. Erection of 10 industrial units (Class B1 and B8) on existing concrete base (revised plans).
Additional Representations:	Change to conditions 8 and 9.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (item 13). 8. No plant or machinery shall be operated at the premises hereby approved outside the following times : 0700 hours - 1900 hours Monday to Saturday. At any time on Sundays and recognised Bank Holidays. Reason : In the interests of the amenities of the area in general in compliance with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan. 9. No heavy commercial vehicles shall be permitted to enter or leave the premises hereby approved outside the following times : 0700 hours - 1900 hours Monday to Saturday. At any time on Sundays and recognised Bank Holidays. Reason : In the interests of the amenities of the area in general in compliance with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

Application:	(Mr A C Coburn declared a personal interest in this item and took no part in the discussion or voting). TCP/22059/B
Details:	Land to the rear of Downside Middle School, Furrlongs, Newport, Isle of Wight. Renewal: Community centre; formation of vehicular access and parking.
Additional Representations:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register. (subject to the receipt of satisfactory revised plans and reference to the Secretary of State under the Playing Fields Direction, 1998)
Conditions	As per report (item 14).

Application:	TCP/23854/A
Details:	Part OS Parcel 6004, approx. 280 metres off Prospect Quarry, with access off Wellow Top Road, Wellow, Yarmouth, Isle of Wight. Renewal: 40m high anemometer mast.
Additional Representations:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (item 15).

Application:	TCP/23880/A
Details:	Land adjoining 42, Gunville Road, Newport, Isle Of Wight. Removal of conditions 2 and 3 on TCP/23880 in relation to revised parking layout for 4 spaces abutting rear of 23 Kestrel Way serviced by existing footpath access way between 23 Kestrel Way and 'Ronsuki' Gunville Road via new vehicular access off Kestrel Way; provision of bollards adjacent plot 1 to prevent any new vehicular access off Gunville Road (revised plans - readvertised application).
Additional Representations:	Letter received from 17 residents of nine properties in Kestrel Way.
Decision:	Deferred for a Site Inspection.
Conditions	As per report (Item 16).

Application:	TCP/24294/B
Details:	6 Castle Street, Newport, Isle Of Wight, PO30 1NS. Demolition of dwelling; replacement chalet bungalow with annexed accommodation (revised plans).
Additional Representations:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 17). Additional condition as follows : The annexed accommodation hereby permitted shall be occupied for purposes incidental to the occupation and enjoyment of the approved replacement chalet bungalow at 6 Castle Street, Carisbrooke as a dwelling and shall not be sold off, leased or otherwise disposed of separately from the approved principal dwelling. Reason : The unit of annexed accommodation is not in a satisfactory position in relation to the main dwelling in terms of its amenity space and access arrangements to be occupied separately from the main dwelling. Such occupation would be contrary to Policies D1 (Standards of Design) and D2 (Standards for Development Within the Site) of the Isle of Wight Unitary Development Plan.

Application:	TCP/24609/A
Details:	Coach and car park adjacent L A Bowl, Esplanade, Ryde, Isle of Wight. Use of land for car boot sales every week on a Thursday from 6 p.m. onwards.
Additional Representations:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (item 18).

Application:	TCP/24825
Details:	32 Arnold Road, Ryde, Isle Of Wight, PO33 3RQ. Demolition of garage; outline for detached house with parking and access off Arnold Road.
Additional Representations:	None
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (item 19).

Application:	TCP/24881
Details:	Site of Medham House, Green Lane, Cowes, Isle of Wight. Detached house with conservatory and covered swimming pool; detached triple garage with guest accommodation over.
Additional Representations:	Three letters from local residents
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register. (subject to the views of the Highway Engineer and the voluntary revocation without compensation of planning approval TCP/21249B).
Conditions	As per report (Item 20). Additional conditions as follows : 6. Prior to construction of work, detailed cross sections indicating floor and ground levels shall be submitted to and approved by the Local Planning Authority and the development shall thereafter be carried out in accordance with those approved levels. Reason : To safeguard the amenities of the area and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan. 7. No dwelling hereby permitted shall be occupied until space (including garages) has been provided within the site in accordance with the details that have been submitted to and approved by the Local Planning Authority for three 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 Isle of Wight Unitary Development Plan. 8. The guest accommodation hereby permitted shall be occupied solely for purposes incidental to the occupation and enjoyment of the main dwelling hereby approved and shall not be sold off or disposed of separately from that dwelling. Reason : The unit of accommodation is not in a satisfactory position in relation to the main dwelling and separate occupation will be contrary to Policy D1 of the Isle of Wight Unitary Development Plan.