MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 18 DECEMBER 2001 COMMENCING AT 6.00 PM

Present :

Mrs M J Miller (Chairman), Mr B E Abraham, Mr C B W Chapman, Mr A C Coburn, Mr J H Fleming, Mr E Fox, Mr J F Howe, Mrs M A Jarman, Mr D J Knowles, Mr C H Lillywhite, Mr A J Mellor, Mrs S A Smart (deputising for Mr V J Morey), Mr A A Taylor, Mr D T Yates

Apologies :

Mr V J Morey

Also Present (non voting) :

Mr R R Barry, Mrs T M Butchers, Mrs B Lawson, Mr R G Mazillius, Mr A J Mundy, Mr H Rees, Mr R A Sutton, Mr A T Tiltman, Mrs J L Wareham, Mr D G Williams

RESOLVED :

THAT the Minutes of the meeting held on 7 December 2001 be confirmed.

61. DECLARATIONS OF INTEREST

Interests were declared in the following matters :

Mr C B W Chapman declared a pecuniary interest in Minute 63 (e)(I) 34 - Terrace Lane, Freshwater, Isle of Wight.

Mr D J Knowles declared a non pecuniary interest in Minute 63 (e)(I) 38 - Appley Lane, Ryde, Isle of Wight.

Mr B E Abraham declared a pecuniary interest in Minute 63 (a)(I) - Kite Hill Farm, Kite Hill, Wootton Bridge, Isle of Wight.

Mr A J Mundy declared a non pecuniary interest in Minute 63 (e)(I) 12 - Worsley Road, Gurnard, Isle of Wight.

Mr D T Yates declared a pecuniary interest in Minute 63 (e)(I) 11 - Clarence Road/Mountfield Road, Wroxall, Ventnor, Isle of Wight.

62. PUBLIC QUESTION TIME

Mrs Parker of 44 Worsley Road, Gurnard asked a question in relation to land adjacent 44 Worsley Road, Gurnard (PQ50/01).

Mr R Laird of Shalfleet House, Shalfleet asked a question in relation to the anemometer at Limerstone Down, Brighstone (PQ51/01)

Mr Heming of Woodend, Bouldnor asked a question in relation to the anemometer at Limerstone Down, Brighstone (PQ52/01)

Mr J Ogden of Little Pit Place, Brighstone asked a question in relation to the anemometer at Limerstone Down, Brighstone (PQ53/01)

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

(a) To consider any items deferred from the last meeting of the Committee and the Site Inspection meeting

(i) TCP/13565X - Erection of building for agricultural livestock, Kite Hill Farm, Kite Hill, Wootton Bridge, Ryde

(Mr B E Abraham declared a pecuniary interest in this item and left the room)

Members were reminded that the application had been considered at the Development Control Committee on 6 November 2001 where it was deferred so that an Environmental Health officer could attend the meeting and answer any points that were raised by members.

The application was reconsidered on 27 November 2001 when the Environmental Health officer was in attendance. The application was deferred for further negotiations with a view to relocating the proposed building. The applicant's agent had asked that the application be determined in its submitted form. Letters were received from Mr J Long, Chartered Civil and Water Engineer and Mr M J Phelps, Chartered Architect clarifying the surface water drainage situation.

RESOLVED :

THAT the application be approved subject to appropriate conditions.

(ii) TCP/20360A - Retention of access track and extended area of hardstanding; storage of manure, OS Parcel 0042 off Oakhill Road, Seaview, Isle of Wight

Members were reminded that the application had been considered at the meeting of the Development Control Committee on 4 September 2001, at that meeting the application was deferred for further information.

On the 7 December 2001 members visited the site before it was due to come back to the Committee. A letter had been sent to the applicant informing him of the date and time of the proposed visit and asked him to inform Committee Services if there were any objections to members or press or public entering the land, no objection was received. Members visited the site but were unable to gain access as the gate was locked.

RESOLVED :

THAT the matter be deferred for a site visit and a letter be sent to the landowner pointing out that it is in his/her interests to allow Members accompanied by a Planning Officer to come onto the land to enable them to determine the application.

(iii) TCP/10505F - Outline for 71 houses, site of former Scrap Yard, High Street, Oakfield, Ryde

Members were reminded that the application had been considered at the meeting of the Development Control Committee held on 27 November 2001. At that meeting it was resolved to grant conditional outline planning permission subject to the developer entering into a legal agreement that required them to make a negotiated financial contribution to the upgrading of the pumps at the seaward end of Monktonmead Brook to help alleviate any future threat of flooding within the floodplain area along the length of Monktonmead Brook.

The Committee were advised that a letter had been sent to the Environment Agency in which the concerns of the Committee were set out and specific questions were asked on matters relating to surface water drainage. A detailed reply had been received from the Environment Agency. The Council's Legal Services Manager advised the Committee that due to the response received from the Environment Agency there was no planning reason that required a financial contribution and therefore it was not lawful to ask for one. The pumps at Monktonmead had recently been upgraded and it was not anticipated that further upgrading would be needed with the next 30 years.

RESOLVED :

(I) THAT the resolution as set out in the minutes of the meeting of the 27 November 2001 is not pursued.

(ii) THAT conditional permission be granted in accordance with the original recommendation.

(b) Research into the use of Completion Notices under the Town and Country Planning Act 1990

The Committee noted the recent research carried out by the DLTR in respect of the limited use of Completion Notices. The subject had been brought up on the recently published Green Paper on planning.

RESOLVED :

THAT the report be noted.

(c) TCP/22944/A - Construction of new sea wall, access steps to beach and reconstruction of drainage outfalls, slipway and pavement behind new sea wall (revised scheme to include The Duver to the south for nature conservation/reserve) (readvertised application - additional information) sea wall and beach area, Ryde East Sands, Duver Road, Seaview

Members were advised that the application sought to change the sea wall to a more substantial rock revetment wall. The Director outlined the background to the application and advised members the application could not be evaluated until an agreed appropriate assessment was undertaken. It was anticipated that the assessment would take some time, so in order to speed up the process the Committee were asked that the decision be delegated to the Strategic Director of Corporate and Environment Services in consultation with the Chairman of the Development Control Committee.

Members were told that the Duver Road remained in private ownership. Two letters from the Wight Wildlife Trust had been received.

RESOLVED :

THAT based on the principle areas of concern contained in the report the application be delegated to the Strategic Director of Corporate and Environment Services in consultation with the Chairman of the Development Control Committee and in the full knowledge of the appropriate assessment.

(d) Schedule of Appeals

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

RESOLVED :

THAT the report be noted.

(e) Planning Applications and Related Matters

(i) Part II and Part III

Consideration was given to items 1 - 40 of the report of the Strategic Director of Corporate and Environment Services.

RESOLVED :

THAT the applications be determined as detailed below :

Categories of applications considered and 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 was drawn to the attention of Members when considering the application. A note is made to this effect in the minutes.

(ii) Part IV - Items Other Than Current Issues

(a) TCP/9682B - Fernhill House, Fernhill, Wootton

Members gave consideration as to whether or not the circumstances relating to the unauthorised construction of a new building justified Enforcement Action being taken.

RESOLVED :

THAT an Enforcement Notice be served requiring the demolition of the building, the removal of the septic tank and the removal of all materials off site. Time period for compliance - six months.

b) G/23/1/U - Unauthorised storage and residential use of caravan and agricultural land, at OS Parcel 7600, Whiteoaks Lane, Porchfield

Consideration was given to the service of an Enforcement Notice requiring the cessation of any residential use, cessation of use of the land for the storage/parking of a caravan, together with its removal from the land.

RESOLVED :

THAT an Enforcement Notice be served requiring the cessation of any residential use of the caravan, the cessation of the use of the land for its storage/parking and its removal from the land. Time to comply 3 months from when the notice takes effect.

CHAIRMAN