PAPER B2

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE –

MONDAY 18 FEBRUARY 2002

REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

TCP/14875/F P/01437/98 Parish/Name: Ventnor

Registration Date: 16/10/1998 - Full Planning Permission

Officer: Mr. C. Boulter Tel: (01983) 823568

2 no. rock armour breakwaters to form a fairweather haven for vessels, new slipway (Revised Plans and Environmental Statement) (readvertised application)

foreshore, east of Southern Water Pumping Station, Esplanade, Ventnor, PO38

Site and Location

Site for proposed development is foreshore/sea bed to the south and east of the Southern Water pumping station on Ventnor sea front, at the foot of the Cascades.

Relevant History

Application submitted April 1973 for construction of boat harbour on foreshore on east side of Ventnor pier extending for 240 metres to Collins Point breakwater. That application withdrawn June 1973. The application in 1989 for harbour wall extending some 300 metres from shore and enclosing 320 marina and visitors' berths, with reclamation of land for waterside village, leisure uses, starter homes, fish quay, ferry terminal, boatyard and commercial area. This application considered acceptable in principle by former Borough Council working party, subject to geology, hydrology, commuted car parking payment, full remote sensing of sea bed to identify marine archeological features and more details of visual impact of sea walls and associated development. Eventually withdrawn in 1990 in favour of an alternative proposal submitted in May of that year seeking outline consent for sea wall, 300 berths in inner and outer harbours, 330 dwellings, car parks, chandlery, harbour offices and access road, again on foreshore and reclaimed land between Ventnor Pier and Wheelers Bay. That application was refused by the former Borough Council in August 1990 as contrary to policy, visual intrusion, excessive traffic generation in area of difficult access, inadequate information regarding ground stability, tidal flows etc.

Further application submitted January 1991 in outline for construction of sea wall for 530 berth harbour, 405 dwellings, 100 holiday units, retail, bowling greens, ten-pin bowling, squash courts, sports hall, parking and offices. Former Borough Council determined proposal required environmental impact assessment but none was submitted and the application was treated as withdrawn in February 1993.

December 1992, former County Council considered application for transfer sewage pumping station on site of current pumping station, required in connection with proposed long sea outfall at Flowers Brook. That scheme was capable of extension through Harbour Revision Order to create a fishing jetty and small harbour. No objection raised by former Borough Council and former County Council agreed principle, subject to a Legal Agreement regarding control of construction traffic, delivery of material. Agreement not signed and application withdrawn in 1992.

Approval granted in September 1996 for erection of building to contain waste water pumping station and associated apparatus with public viewing deck, subject to a number of conditions. This was in connection with a revised sewage disposal scheme involving the pumping of waste water for treatment at Sandown. That consent has now been implemented and the pumping station and waste transfer are operative. At the time of that approval, the Planning Authority was advised that a Harbour Revision Order, allowing harbour development to take place at the site was obtained by the former Borough Council and remains valid and that a further jetty extension could be constructed from the pumping station to allow formation of a harbour as originally envisaged.

The "rock armour" revetment for coastal protection work between Swayle Groyne and Collins Point to the east of the application site was approved in August 1994.

Details of Application

Construction of two breakwaters, one extending south for some 60 metres southwards from the south eastern part of the pumping station before turning through almost 90 degrees to extend a further 90 metres slightly south of east. A second breakwater would be constructed some 70 metres east of the pumping station and immediately west of the rock armour defence scheme for Eastern Esplanade, and projecting some 65 metres to the south. This would enclose an area of some 60 metres by 80 metres with a narrow (20 metre wide) shipping entrance at the south eastern corner. Within the enclosed area, a new slipway, at right angles to Eastern Esplanade and immediately opposite "Island Pool" would project some 45 metres into the harbour area. Locations of possible pontoons and trot moorings could be accommodated within the harbour area which would also contain rock armour in its north western corner, a new shingle beach between the proposed slipway and the eastern breakwater.

A plan and proposed cross sections of the proposal are attached as Appendix A.

The harbour would be functional for approximately half of the tidal cycle (i.e. some three hours either side of high tide) and only during relatively calm weather conditions. Much of the area within the Haven will dry out during low water Spring tides and access will be limited to vessels with a draught less than 2 metres. Boats expected to use the Haven include flat bottomed fishing vessels, tender boats to larger vessels and small bilge keel sailing cruisers.

Eight off-shore moorings are proposed, running eastwards from a point some 120 metres south of the end of the western breakwater.

The eastern breakwater would have a width at beach level of approximately 17 metres and be constructed from rock boulders of appropriate size, similar to those protecting the Eastern Esplanade and the pumping station. The sides of the breakwater would slope to give a level platform 5.7 metres wide at a height of 5.5 metres above Ordnance Datum (about 6.24 metres above mean low water neaps).

The western breakwater would be constructed in a similar fashion but would have a maximum width of some 8 metres at its top, with a concrete pedestrian walkway, protected to the west and south by a 0.6 metre high concrete face and to the north and east by similar height stainless steel handrail.

Extracts from the plans and cross sections submitted are attached as Appendices A and B.

Development Plan Zoning and/or Policy

Site is outside development envelope defined in Unitary Development Plan (UDP) as it is seaward of mean high water however, the proposal involves development attached to the land extending above mean high water and therefore planning consent is required. It is also within a candidate Special Area of Conservation (cSAC) defined under the Conservation (Natural Habitats etc.) Regulations 1994. The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 set out in Schedule 2 those types of development where Environmental Impact Assessment (EIA) is required. As part of the development now proposed is to be carried out in a sensitive area (the cSAC) the proposal is considered to be "schedule 2 development" and an EIA will be required.

Relevant national policy guidance is as follows:

PPG1 - Establishes principles of determination of applications and acknowledges the importance of the "plan led system" and the principle contained within Section 54A that an application for planning permission shall be determined in accordance with the Development Plan, unless material considerations indicate otherwise.

PPG9 - Nature Conservation. Annex C sets out the processes regarding determination of applications for development in a cSAC. The determining Authority must decide whether the proposal has significant effect, individually or in combination, on those conservation objectives for which the site was designated. The advice of English Nature may be needed and if necessary an "Appropriate Assessment" under the Habitats Regulations must be prepared by a competent Authority and taken into account when any decision on the application is made.

PPG14 - Development on Unstable Land. This confirms that responsibility and subsequent liability for safe development rests with the developer and/or the landowner. It is not the responsibility of the Local Authority to investigate the ground conditions of any particular development site, "unless they propose to develop it".

PPG20 - Coastal Planning. This confirms that the coast is an important national resource, defines the coastal zone both seaward and landward of the coastline relative to the natural processes and human activities involved. Four broad types of coast are defined:

The undeveloped coast, conserved for both its landscape value and nature conservation interest;

Other areas of undeveloped or partly developed coast;

The developed coast, usually urbanised but also containing other major developments;

The despoiled coast, damaged by dereliction, e.g. former industrial uses.

Against this background, key policy issues for coastal planning are:

Conservation of the natural environment;

Development, particularly that which requires a coastal location;

Risks, including flooding, erosion and land stability;

Improving the environment, particularly of urbanised or despoiled coastlines.

Many coastal development proposals will have significant effects on natural environment and visual impact and will be subject to environmental assessment under the Environmental Impact Assessment (England and Wales) Regulations 1999.

Mention is made of the growth in demand for marinas and other facilities for boat mooring, parking and launching and indicates that policies for development of further facilities should be based on an assessment of the capacity of the local environment to accommodate further water-based recreation. Any associated developments such as access and parking should be assessed separately on its own merits, taking into account whether a coastal location is needed. It is recognised that tourism is growing and may require coastal locations and supporting infra-structure. Such development should normally be guided to existing urban areas particularly where they can contribute to the regeneration of seaside resorts and waterfront areas.

PPG21 - Tourism. This points out that popularity of many seaside resorts has declined in recent years but seaside tourism remains the largest single component of the domestic holiday market. Plans should aim to resolve potential conflicts between other uses and a town's success as a tourist resort and there should be particular emphasis on sympathetic design and seafront enhancement.

Local policy considerations are as follows:

The UDP (adopted May 2001) is the development plan for the area and shows that most of the proposed development (i.e. that part below mean low water) is outside the defined development envelope. The remaining part (i.e. that part of the beach and foreshore above mean low water) is within the development envelope but unallocated in the plan. The Ventnor Conservation Area is nearby to the north, and includes the Cascades Garden, the Cascades Highway and the Chalet Hotel. A narrow strip of land between the Winter Gardens and the Eastern Esplanade forms the western extremity of the Ventnor Eastern Cliffs SINC which is designated because of its importance as a coastal habitat.

Relevant strategic policies of the UDP are S1 (New Development Concentrated Within Existing Urban Areas), S5 (Proposals for development which on balance enhance the Island's economic, social or environmental position will be approved, provided any adverse impacts can be ameliorated), S6 (All development expected to be of a high standard of design) and S10 (Development in areas of designated scientific or natural conservation value will be permitted only if it will conserve or enhance the features of special character of these areas).

Other relevant specific policies relate to Design and Standards (D1, D11, D14), Building Conservation and the Historic Environment (B6), Employment (E8), Tourism (T2, T8), Countryside and Coast (C1, C5, C9), Transport (TR7, TR8) and Leisure and Sport (L8).

Representations

Ventnor Town Council sees no reason why consent should not be issued. Subsequent letter to Hampshire and Isle of Wight Wildlife Trust explaining Town Council's view of the importance of the scheme to the economy of Ventnor and inviting the Trust to attend a meeting to explain their objections to the scheme.

Highways Engineer recommends conditions if approved.

Chief Environmental Protection Officer has examined the scheme and points out that there are no classified shell-fish beds in the area, current noise levels referred to in the Environmental Statement are not reliable because of variations in sea and weather conditions, construction noise will be inevitable and conditions controlling all operations will be necessary. He agrees that the operation of the completed Haven is unlikely to lead to significant noise problems.

Environment Agency has no objection in principle but comments that proposal may affect South Wight candidate Special Area of Conservation (cSAC) and Authority should liaise fully with English Nature on this issue. The Agency has been sent a copy of the Environmental Statement, but comments on it are still awaited.

English Nature, on initial submission of scheme, requested Formal Environmental Assessment and Appropriate Assessment of project. Unless it could be shown that there would be no significant effect on the cSAC, would be obliged to object. Following detailed discussions between English Nature, Environment Agency, Southern Water, DETR and the Isle of Wight Council and its agents, English Nature advised in January 2000 that the proposed development is likely to have significant effect on the South Wight Maritime cSAC and Appropriate Assessment and Environmental Assessment are therefore required. English Nature subsequently closely involved in preparation of an Environmental Assessment which has been used to inform the Appropriate Assessment carried out by DEFRA as competent Authority.

English Nature have confirmed that their comments have been incorporated into the Environmental Assessment carried out on behalf of the Council. The draft Appropriate Assessment carried out by DEFRA has been received and is referred to in the Evaluation section of this report.

The Hampshire and Isle of Wight Wildlife Trust has submitted two letters, the first expressing concern that the proposal is a departure from the local plan and needs Appropriate Assessment not only of direct impact but of coastal processes and additional facilities, such as moorings. The development is likely to affect the cSAC and therefore objection is raised.

Second letter from the Trust, following receipt of the Environmental Assessment confirms their objection and also objected to DEFRA under the Coastal Protection Act. The Trust believes the proposal will have a damaging impact on nature conservation interests, recognised of being of International Importance to Wildlife. The works of mitigation proposed appear inappropriate in the absence of any Environmental Impact Assessment and Appropriate Assessment under the Habitats Regulations. The proposal is one of a series of projects which has seen the gradual loss or planned loss of coastal habitats on the south coast of the Island. Objection is made to the likely harm the proposal will have in its own right and in combination with other plans and projects. There appears to be no coast defence justification for the works and if the long established coast defence scheme is no longer adequate, the first option should be to repair those works rather than construct a major new development into the foreshore.

Development will entail damage and loss of some 0.31 hectares of South Wight maritime cSAC and runs contrary to Island's own Nature Conservation policies in the UDP and to National policies expressed in PPG9. Proposal is a significant departure from the UDP. Site includes areas of sub-tidal reef with notable assemblages of marine flora and fauna recognised as of International Importance. Applicants Environmental report concludes will be an adverse impact on site and proposal should be made subject to an Appropriate Assessment. As Isle of Wight Council are both applicant and determining Authority, in preparing Appropriate Assessment competent Authority should seek advice of the public.

President of the Isle of Wight Natural History and Archaeological Society comments that Collins Groyne at eastern end of site should not be removed as it has high environmental value. Although deteriorating it provides a habitat for numerous small crustaceans and other marine life and the bird species which feed on them. A list of ten birds observed feeding and seven birds roosting on the Groyne is submitted and it is suggested that it should be left in-situ and untouched.

Ventnor Yacht Club offers wholehearted support for the proposal which would bring major benefits for tourism and the town.

One local resident objects on grounds of adverse effect on livelihood as a commercial lobster fisherman, both during and after construction. Proposal affects one third of his lobster grounds and rock shipment by sea will affect grounds to east and west so approximately half income will be lost. Business only just recovering since Wheelers Bay scheme completed. Rocks left over from that scheme should have been used in that location and not transported to the southern water site.

One local resident supports proposal as without this, tourist, sailing and natural improvement no future development or investment in the town can be seen. Visitors would be encouraged and marine life will colonise the rock armour when it is in place.

Evaluation

Eight major issues need to be considered in the determination of this application. These are the visual impact on the coastline, the economic impact on the town and the area, impact on highways capacity and safety from any increase in traffic, the impact on the area during construction, effect on ground stability in the area, effect on noise and air quality both during and after construction, effect on coastal processes and finally, effect on the ecology of the area, particularly bearing in mind its status as a cSAC.

Visual Impact

The site in question is a focal point of Ventnor Esplanade and seafront, separating the more developed frontage to the west from the undeveloped cliffs rising above the eastern esplanade. The Southern Water pumping station presently makes a significant contribution to the character of the area, serving a similar visual function to the former pier which stood near this point. The proposal to extend the rock armour which supports the pumping station at sea level by some 60 metres out to sea is thought to add emphasis at this point and make a positive contribution to the landscape, rather than negative. The use of the harbour as a focus for boats, landing of fish and marine activity is also thought to add visual interest and create a focus for both locals and visitors alike. The extension of the pumping station walkway along the top of the western breakwater will also to a small degree replicate the previous function of the pier in this location. The materials used i.e. the rock armour for both eastern and western breakwaters, together with the small amount of concrete finish to the top of the western breakwater will reflect the materials used in the construction of the pumping station and the coastal defences to the east of Collins Groyne. I therefore suggest that the visual impact of the proposal will be acceptable and, when in use, will be a positive feature on the sea front.

Economic Impact

The Environmental Impact Assessment submitted in connection with the application indicates benefits from the scheme accruing through the provision of a safe and more efficient facility for the launching and landing of fishing vessels and unloading the catch; the provision of additional coastal defence for the unimproved section of sea wall between the eastern and western esplanades; improve local economy by providing focus of interest in an area in need of substantial improvement; provide an amenity which could be used as a base for pleasure craft for recreational and angling trips as well as a stopping off point for craft around the south coast of the Isle of Wight, thus bringing more people and trade in to this part of Ventnor; and providing a substitute for the former pier.

Research carried out in 1994 suggested that the existence of a harbour in Ventnor would result in a 10% increase in visitor numbers. In an area of some economic uncertainty, such a growth in visitors numbers would be of significant benefit to Ventnor seafront, and its overall economy. Ventnor Town Council support the scheme on the basis of providing improved facilities for Ventnor, as do the Ventnor Sailing Club and a local resident.

Highways Impact

The Highways Engineer recognises that, particularly during construction, problems may arise similar to those experienced during the construction of the coast protection works between Swayle Groyne and Collins Point. He therefore recommends that conditions should be imposed requiring a condition survey of Shore Hill and Pier Street with a further survey following completion of the scheme with a requirement to make good any damage caused which is attributable to construction vehicles, best endeavours to ensure no HGVs of three axles or more using Newport Road to gain access to the Ventnor area and submission, before commencement, of details of traffic management measures to control vehicle deliveries including specific measures regarding use of Shore Hill.

I consider that such conditions are particularly necessary bearing in mind the nature of the approach roads but would suggest that experience of previous large construction schemes on the seafront have demonstrated that access can be achieved without undue disruption.

Construction Impact

According to the submitted Environmental Impact Assessment, construction work is likely to take approximately six months from the date of commencement. Rock for the breakwaters will be transported to the site via barges and then unloaded either directly into position or to a temporary stock pile. The slipway is likely to be constructed first in order to allow access for plant and machinery on to the site although it may be necessary to establish an access route around the southern side of the pumping station and on to Ventnor beach. Temporary stock piling of rock could be undertaken on the beach immediately either side of the pumping station. The submitted application plan shows an outer limit of site boundary and "rock dump" zone extending some 30 metres west of the pumping station, 10 metres south of the western breakwater and 30 metres east of the eastern breakwater. The rock to be used for the breakwaters is likely to be sourced from Scandinavia, shipped to a temporary off-shore mooring (possibly Sandown Bay), trans-shipped onto a smaller barge and towed to one of six off-loading anchorages adjacent to the site. At appropriate states of the tide, the barge will approach the site stern to the beach and, using anchor wires, will be led to the beach for unloading.

These techniques are understood to be similar to those used for marine deliveries to the Southern Water and eastern Esplanade construction sites.

Impact of these construction works (other than on the ecology of the area which will be covered later in this report) will be mostly from noise associated from the use of machinery (engines, grapples, etc, the noise of rocks themselves being deposited) and air quality. Although timing is to a certain extent dependant on the tidal cycle, conditions preventing works being undertaken at unsociable times can be imposed and will minimise any anticipated nuisance. Operation of machinery will lead to a small additional amount of air pollution, but it is not anticipated that pollution will rise to unacceptable levels.

Noise and Air Quality

Following completion of the scheme, noise levels and air quality are not expected to rise above present levels to any significant degree. There may be some additional noise from engines and rigging of boats using the harbour, but this is to be expected in such a location and is not thought to be detrimental.

Geology and Coastal Processes

The Ventnor area is of course a well known landslide system and the need to ensure that there are no adverse effects from the construction proposed is a significant factor. As prospective development, the Council must under PPG14 satisfy itself that the development can be safely carried out. The submitted Environmental Assessment describes the geology of the area and whilst areas within Ventnor have been affected by movements of over 10mm per year and possibly as much as 125mm per year in localised areas, instrumentation installed for the former South Wight Borough Council at the Winter Gardens and for Southern Water at the Esplanade adjacent to the pier site (March 1992 and September 1992, respectively) have shown no movement since installation.

The Assessment carried out is that the Haven would not impact upon the existing level of geological exposure and/or interest. In fact it is predicted that the structure could have a minor stabilising effect on the landslide complex, due to the additional "toe weighting" at the foot of the rotational landslide system.

Whilst construction activity may cause some small scale disturbance to sediment within the vicinity of the site this is likely to move into existing sediment pathways. These small scale increases of potential sediment during construction are likely to have negligible impact compared with the daily fluctuations in sediment transport and movement identified at the site.

A previous harbour proposal, of a similar nature to that now proposed, was the subject of "process modelling" and the conclusions derived from that exercise are considered applicable to the Haven as now proposed. It is anticipated that the western breakwater will intercept long shore drift only at times of high tide. As the Haven does not reach far enough off shore to interfere with littoral sediment transport, it is predicted that Ventnor beach would not be affected by the construction of the Haven and no substantial changed to littoral drift patterns would occur. A series of aerial photographs from 1994 - 2000 shows the extent of beach movement over that time and indicates that movements of beach material tend to be very modest, explaining why there is virtually no loss of beach material from this frontage.

The eastern breakwater is unlikely to have significant impact on coastal processes as it "sits" in the lee of the western breakwater.

Coast protection is also an issue as a factor in improving ground stability. The Haven as proposed will, it is anticipated, reduce pressure on the rock revetment to the east of the site thus reducing maintenance costs. Thus there will be a minor benefit to protection of the coast as well.

Ecology and Natural Habitat

A great deal of analysis of these issues has been undertaken in the course of the preparation of the Environmental Impact Assessment by the Council's consultants, in conjunction with English Nature, the Environment Agency, DEFRA and DTLR.

The shoreline in the area achieves its cSAC status through the habitats it supports, ie vegetated sea cliffs and reefs. The Marine Ecological Survey of the area reveals a wider range of intertidal and tidal biotopes (a description of the biology and associated substrata) which is typical of areas along the South Wight coast and includes approximately 0.27 hectares of boulder reef. There will clearly be a major impact on these habitats from the construction proposed. The eastern breakwater affects a biotope widely distributed along this stretch of coast and it is considered that a small loss in this habitat would not have a significant impact on the general ecology of the area. The western breakwater would directly affect about 0.12 hectares of sublittoral reef habitat and its communities and overall approximately 0.27 hectares of shallow reef habitat and associated communities would be affected by the construction of the Haven. The Environmental Assessment concludes that, bearing in mind that the reef habitat is one of the designated features of the cSAC, the impact on and potential loss of this area has to be considered a significant adverse impact.

Clearly therefore, without appropriate mitigation, the effect on the habitat would be sufficient to warrant refusal of the application. However, in conjunction with English Nature and Environment Agency, three main mitigation measures are proposed. These are:

relocation of boulders from within the Haven scheme area;

establishment of new reef habitat at Collins Point; and

the potential reef habitat created by the rock structures of the Haven.

The relocation of boulders would be undertaken with appropriate machinery (which has been tested on site) to areas currently consisting of scattered reef boulders interspersed with areas of sand and shingle. They would be replaced on the sea bed in the same orientation and as close as possible to the original location, in order that the exposed surfaces which may currently be colonised are maintained. The loss of species from this relocation is considered to be negligible, although the process will have to be very carefully monitored and controlled.

The removal of the old concrete outfall at Collins Point has been identified as a potential mitigation measure to offset potential loss of reef habitat. This outfall is located some 250 metres east of the application site and its removal would reveal a total area of approximately 130 square metres below mean low water that is currently covered by the concrete casing of the outfall. The exposure of this area would provide opportunity for additional reef habitat to be created below mean low water. Additional boulders could also be placed and over time, would be colonised by flora and fauna typical of the area, thus contributing towards the natural reef habitat of the area and the cSAC.

The rock break waters from which the Haven would be constructed would, of course, also provide suitable habitat for colonisation by marine flora and fauna. The areas involved lead to the conclusion that the construction of the Haven would itself partly offset the predicted loss of reef habitat through the provision of a similar amount of artificial reef which would be available for colonisation by littoral and sub-littoral communities. However, colonisation of the breakwaters would not provide mitigation for the loss of natural reef habitat that could be impacted by the construction of the Haven.

An additional issue is the construction of the off shore moorings which could potentially have minor impacts on the reef habitat further off shore, particularly during construction. The proposed mooring sites are on sand, which is relatively species poor and is likely to affect a small area (0.06 hectares). It is therefore not anticipated that the works would have a significant impact. In fact, permanent moorings as proposed would be less likely to cause environmental damage in the long run than the threat of chronic anchor damage from visiting vessels.

As indicated, English Nature has had an ongoing input into the preparation of the Environmental Statement and correspondence and the statement has been prepared to inform the Appropriate Assessment carried out by DEFRA for the Planning and FEPA licence applications.

Although the draft version of the Appropriate Assessment required to be carried out by a competent authority under that Habitats Regulations has been received, the final document is still awaited at the time of writing.

Taking into account the ecological surveys and analysis undertaken through the Environmental Assessment of both the application proposals and other plans or projects within the cSAC, DEFRA's conclusion as competent authority is that the proposed Haven will be likely to affect the conservation objectives of the cSAC. However, the mitigation proposals outlined in both the Environmental Assessment and the Appropriate Assessment could provide a net increase of boulder reef habitat of around 265-314 square metres. As a result, the opinion is that providing the mitigation measures proposed are carried out, the development will not have an adverse effect on the reef habitat of the cSAC.

To ensure that no adverse effect occurs, the translocation of boulders should only take place under the supervision of a marine environmental scientist and the translocated boulders should be placed in similar water depth, on the same orientation, within one to two hours of removal. Monitoring of the proposed translocation of boulders both pre and post construction will also be required.

It is noted that objections to the scheme on environmental and ecological grounds have been received from the Isle of Wight Wildlife Trust and the President of the Isle of Wight Natural History and Archaeological Society. With regard to the latter, although the removal of Collins outfall will affect some habitat, the conclusion of the Environmental Assessment and the competent authority is that such loss will be outweighed by the additional maritime reef habitat created. Similarly, although the objection from the Hampshire and Isle of Wight Wildlife Trust (attached to this report at Appendix D) must be recognised, in my view bearing in mind the effects and mitigation measures set out in the Environmental Assessment, the involvement of English Nature in its preparation and the conclusions of the competent authority in the Appropriate Assessment under the Habitats Regulations, those objections should not carry significant weight in the determination of the application.

Conclusion

The proposed Haven will not have significant adverse visual impact on the coastline or townscape of Ventnor; indeed, the additional marine activity and focus may well be considered an improvement to the area visually. The economic effect on the town is likely to be positive adding facilities for residents and visitors alike and whilst Highways may be tested during the construction phase, similar projects in the past have shown that such difficulties can be overcome and that in the long-term the additional traffic generation can be accommodated within the existing highway network. Ground stability has been examined closely and it is concluded that there will be no negative effect and indeed the additional 'toe weighting' from the construction of the Haven may well have a positive impact. Effects on noise and air quality are likely to be negligible and appropriate conditions can minimise noise impact during construction. Construction of the Haven is unlikely adversely to affect the coastal processes involved in the off shore transport of sediment and should not lead to any deterioration in the quality of Ventnor beach. The biggest issue is effect on the cSAC and English Nature have agreed with the Council's consultants that any impacts on the marine reef habitat and other plans or projects along the coastline, can be adequately mitigated, thus removing any objection to the scheme on the grounds of adverse effect on the cSAC.

As indicated in the report, the comments of the Environment Agency on the Environmental Statement and the final copy of the Appropriate Assessment are still awaited and my recommendation reflects this.

Reasons for Recommendation

Having given due regard and appropriate weight to all material considerations raised in this report, I consider that the benefits to be obtained from the scheme significantly outweigh any perceived disadvantages.

Recommendation - Approval (revised plans) (subject to the views of the Environment Agency on the Environmental Statement and that the final version of the Appropriate Assessment reflects the draft so far received).

Conditions/Reasons:

1	Time limit - full - A10

Unless otherwise specified in any of the other conditions attached to this approval or otherwise agreed in writing with the Local Planning Authority, all operations within the site shall be carried out in accordance with the specifications and methods described in the Environmental Statement submitted in support of and forming part of the planning application, the subject of this consent.

Reason: To minimise as far as possible any adverse impacts on the amenities of the surrounding area and the marine habitats within the South Wight Candidate Special Area of Conservation.

A programme of ground movement monitoring shall be submitted to and approved by the Local Planning Authority and such monitoring as may be agreed shall be carried out to the satisfaction of the Local Planning Authority during the construction works.

Reason: The site is in an area of known potential ground movement and the Local Planning Authority wishes to be aware at an early stage of any ground movement problems attributable to the approved development.

Before any development is commenced on site, a survey of the condition of Shore Hill and the lower part of Pier Street below Albert Street junction shall be undertaken with the criteria for the survey (including condition of boundary walls and adjacent properties as considered necessary) agreed with the Local Planning Authority. Following the completion of the scheme, a further survey shall be undertaken of these roads and associated features and any damage caused which is attributable to the movement of vehicles in connection with the construction of the development hereby approved shall be made good.

Reason: In the interests of highway safety and the maintenance of the adjoining properties and features.

Prior to the commencement of any construction works on site, a programme of measures aimed at mitigating the impact of construction traffic and requiring delivery by sea wherever possible, use of non-articulated vehicles as far as possible, restriction of vehicle movements to avoid peak hours, provision and use of wheel washing facilities and timing of road closures outside peak hours, shall be submitted to and approved by the Local Planning Authority.

Reason: In the interests of highway safety and the maintenance of the adjoining properties and features.

The programme of measures such as may be agreed under condition 5 above shall be adhered to by the applicants and their contractors, unless agreed otherwise in writing by the Local Planning Authority.

Reason: In the interests of highway safety and the maintenance of the adjoining properties and features.

The boulders within the designated cSAC whose translocation is authorised by this consent shall be placed in a similar water depth, on the same orientation and within 1-2 hours of removal from their original position. Such translocation shall only take place under the supervision of a suitably qualified marine environmental scientist, as agreed with the Local Planning Authority.

Reason: To ensure that proper mitigation is undertaken in respect of loss of habitat within the South Wight cSAC.

Before any construction work authorised by this consent is commenced, a scheme of monitoring of the proposed translocation of boulders both pre and post-construction shall be agreed with the Local Planning Authority. The scheme shall include the identity and qualifications of those persons carrying out the monitoring, the areas and items to be monitored and the timescale, both before and after commencement of the works authorised by this consent, during which the monitoring shall be carried out.

Reason: To ensure that proper mitigation is undertaken in respect of loss of habitat within the South Wight cSAC.

The details of external finish for the materials to be used in the construction of the new slipway and pedestrian walkway and viewing platform shall be submitted to and agreed by the Local Planning Authority before any construction work on those elements takes place.

Reason: In the interests of the amenities of the area.

10	Details of the location, appearance, construction and external finish of any pontoons to be located within the harbour area shall be submitted to and approved by the Local Planning Authority prior to any installation of those facilities. Reason: In the interests of the amenities of the area.

11	The site shall be operated during the construction period so as to conform with the recommendations outlined in BS.5228 'Code of Practice for Noise Control on Construction and Demolition Sites'. Reason: To reduce as far as possible noise nuisance from the proposed works.

Unless the prior approval of the Local Planning Authority is obtained in writing, works of construction at the site shall only be carried out between 0700 hours and 2000 hours on weekdays, 0700 hours and 1800 hours on Saturdays and not at all on Sundays and recognised Bank Holidays.

Reason: To reduce as far as possible noise nuisance from the proposed works.

Prior to any construction work hereby approved being commenced, a schedule of noisy operations proposed to be carried out at the site shall be submitted to and agreed by the Local Planning Authority and those specified noisy operations shall only be carried out between the hours of 0900 and 1700 on weekdays, not at any other time, unless agreed in advance by the Local Planning Authority.

Reason: To reduce as far as possible noise nuisance from the proposed works.

The noise mitigation measures set out in paragraph 4.7. of the Environmental Statement submitted in connection with and in support of the planning application hereby approved shall be strictly adhered to, unless the prior approval of the Local Planning Authority to any change is obtained in advance of that change being carried out.

Reason: To reduce as far as possible noise nuisance from the proposed works.

M J A FISHER

Strategic Director

Corporate and Environment Services

OTHER APPENDICES ARE AVAILABLE TO VIEW IN COMMITTEE ADMIN.

TCP/14875/F

Foreshore, east of Southern Water Pumping Station,

Esplanade, Ventnor, PO38

Ventnor