MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 19 NOVEMBER 2002 COMMENCING AT 5.00 PM

Present :

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

Apologies :

Mr C B W Chapman, Mrs B Lawson, Mr J F Howe

Also Present (non voting) :

Mrs T M Butchers, Mr M J Cunningham, Mr R G Mazillius, Mrs E Oulton, Mr G P Price, Mr H Rees, Mrs J Wareham

74.      MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 8 November 2002 be confirmed.

75.      DECLARATIONS OF INTEREST

Interests were declared in the following matters :

Mrs M J Miller declared a personal interest in Minute 77 (f) (i) 5 - Joe Daflo’s, High Street, Newport - as one of the objectors was known to her.

76.      URGENT BUSINESS - TCP/21952/C SAINSBURYS STORE AND PETROL FILLING STATION, NEWPORT - EXTENDED OPENING HOURS OVER CHRISTMAS PERIOD

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

A request had been made on behalf of Sainsburys to extend the opening hours of the store and petrol filling station on certain days over the Christmas period. The Local Member had expressed concerns in terms of safety particularly if the fire dispute remained unresolved. The Council’s Chief Environmental Protection Officer had been consulted and had no objection to the proposal.

Members were advised that, if there were serious concerns regarding the safety of petrol filling stations, then they should be addressed on an overall basis rather than by preventing the extension of the hours of operation of a single outlet.

RESOLVED :

THAT the opening for the store and filling station be agreed as follows :

                                   Store :                        8.00 am - 11.00 pm on Monday 30 December 2002

                                   Petrol Filling Station : 7.00 am - 01.30 am on Friday, 20 and Saturday, 21 December 2002.

5.30 am - 01.30 am on Monday, 23 December 2002.

5.30 am - 7.00 pm on Tuesday, 24 December 2002.

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

           (a)       New Development Review

Members were advised that as a specific recommendation from the Audit Commission, and in the interests of good practice with the forthcoming Best Value, it was proposed to introduce, on a regular basis, what was known as a post-implementation review of new development.

The intention was to identify applications which had been relatively contentious at the time they were processed and determined, but were eventually granted planning permission, and to visit the site to inspect the resulting development making an assessment of the success or failure when reporting back to the Development Control Committee. It was intended that two visits would take place in January 2003, but these would not conflict with the normal Development Control Committee Site Visits. It was suggested that a balanced and practicable approach would be to nominate five sites in both the east and west areas of the Island. Four sites for each area were suggested and Members of the Committee would contact the Development Control Manager with their nominations for a fifth site.

RESOLVED :

THAT the report be noted and arrangements and site visits be agreed to take place on the 16 and 20 January 2003.

           (b)       Town and Country Planning (Residential Density) (London and South East England) Direction 2002

Members were advised that the new PPG3 (Housing) had been released in March 2000. Paragraphs 57 and 58 dealt with making the best use of land, and stressed that Local Planning Authorities should avoid the inefficient use of land. The current level of land take for residential development could no longer be sustained.

It was believed that the publication of the new Directive indicated that in this part of the country the objectives set out in PPG3 were not being achieved. The Government had found it necessary to prescribe restrictive legislation to enable them to monitor density on new housing development in order to ensure that even on relatively small sites a minimum density was achieved of at least 30 dwellings per hectare net. The Committee expressed concern at the overall aims and objectives of the Direction.

RESOLVED :

THAT it be noted that the Development Control Committee objected to the overall aims and objectives of the Direction since by comparison with the rest of the region the Island enjoys a unique environment which has to be protected.

           (c)       Best Value Performance Indicators 2003/04

The Head of Planning Service outlined to Members the gravity of the present situation with regard to the targets for handling planning applications. An overview was given of the measures that had already been taken and those that needed to be taken to enable the Development Control Section to determine a substantial increase in the number of major applications processed and determined within the prescribed time period during the present financial year and, more importantly 2003/04.

Members of the Committee urged all councillors to read the weekly planning list they were sent and were reminded that if there were any items of interest to them, to get in touch with officers as soon as possible.

RESOLVED :

THAT the report be noted and that the Head of Planning Service be authorised to :

                                  (i)        Re-affirm the requirement for an additional Officer to deal with major submissions with the full support of the Development Control Committee.

                                  (ii)       Carry out an urgent review of the criteria for ;

                                              (1)       deferring applications; or

                                              (2)       requesting site visits

                                  (iii)       Carry out a broader review of the operation of the delegated system for the determination of applications.

                                  (iv)      Carry out a review of internal procedures and practices.

                                  (v)       Apply appropriate pressure with the objective of bringing out an improvement in response times in terms of both external and internal consultees to monitor the situation and report back to this Committee at regular intervals.

                                  (vi)      To monitor the situation and report back to this Committee at regular intervals.

           (d)       TCP/321/W - Residential development of 67 houses, 4 bungalows, garages, access road and estate road (revised plans), land at Medhan Farm, Medham Farm Lane, off Newport Road, Northwood

The background to the application was outlined and Members considered the reluctance of the developers to install kerbing along individual service roads at the above development.

RESOLVED :

THAT an Enforcement Notice be served for failing to comply with condition 4 of TCP/321/W. That is, having allowed a number of dwellings to be occupied without those parts of the road giving access to the dwellings concerned having been constructed in accordance with the specification required under condition 3, submitted by the then developer on 2 July 1990 and agreed by the Local Planning Authority by letter dated 6 September 1990. The remedy being the installation of kerbing to the agreed specification along all the roads. Time period for compliance - six months.

           (e)       Schedule of Appeals

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

RESOLVED :

THAT the report be noted.

           (f)        Planning Applications and Related Matters

                      (i)        Part II and Part III

Consideration was given to items 1 - 13 of the report of the Strategic Director of Corporate and Environment 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.

Members of the Committee adjourned the meeting for twenty minutes to enable them to read the additional representations that had been received in respect of TCP/21144/D.

(The Chairman declared a personal interest in the following item and vacated the Chair. The Vice Chairman, Mr A A Taylor, took the Chair).

(The Chairman resumed the Chair).

           (ii)       Part IV - Items Other Than Current Issues

                      (a)       TCP/3417D - Unauthorised development to first floor maisonette at 10B, Mount Pleasant Road, Newport

Consideration was given as to whether circumstances justified the service of an Enforcement Notice requiring the removal of a replacement wooden exterior staircase.

In August 2002 a complaint had been received that an exterior staircase and landing at the above property had been replaced with a staircase and much larger landing at first floor level which was being used as a sitting out area. An Enforcement Officer had visited the premises and discussed the structure with the owner. A letter was sent to the owners of the property informing them that the structure required the benefit of planning permission and gave them 28 days in which to apply. No reply had been received and an application had not been made.

RESOLVED :

                                  (i)        THAT an Enforcement Notice be issued requiring the removal of the replacement stairs and elongated upper landing.

                                  (ii)       Time for compliance four months from the date that the Notice takes effect.

                                  (iii)       THAT it be indicated to the property owner that the Local Planning Authority proposes to exercise its discretionary powers not to request a formal planning application for the reinstatement of the landing and stairway to their original size and in the original position providing the specific details are agreed in writing with Officers before construction begins.

                      (b)       TCP/4526C - Change of use of art studio on ground floor and bike repairers on first floor to a single dwelling house at rear of 35 High Street, Cowes, Isle of Wight

Consideration was given as to how the Local Planning Authority should respond to the failure to comply with a planning condition imposed on the above property.

RESOLVED :

                                  (i)        THAT an Enforcement Notice be served for failing to comply with condition 1 of TCP/4526C as outlined above.

                                  (ii)       Time period for compliance three months.

                      (c)       TCP/16040/G - Retention of stream culvert, land at 16-20 Church Road, Shanklin

Consideration was given to further action in relation to the retention of the culvert following the appeal against an Enforcement Notice which required the removal of the unauthorised structure and works.

The Local Member asked if it would be possible for the Committee to visit the site so that Members could see the positive effects of the culvert.

RESOLVED :

THAT the application be deferred for a site inspection by the Development Control Committee.

                      (d)       TCP/22646 - Outline for non-food retail unit and garden centre with associated car park, service access, access road off Riverway and cycleway/footpath links to Little London and Riverside Centre (revised plans) (readvertised application), land north of Medina Way, east of Riverway and between Hurstake Road and The Quay, Newport

Members considered amendments to the proposed heads of agreement for inclusion within a planning obligation under Section 106 of the Town and Country Planning Act 1990 and alterations to the agreed conditions, as requested by the applicants.

RESOLVED :

THAT the amendments to the planning obligation and conditions as set out in the report and Appendix B be approved with two additional alterations as follows :

Condition 13 now to read :

Development shall not begin until details of the alterations and timing programme for demolition of buildings at the site and for works to provide a right turn lane and pedestrian refuge in Riverway have been approved in writing by the Local Planning Authority. Demolition of buildings and construction of right turn land and pedestrian refuge shall be in accordance with such approved programme of works.

Reason: To safeguard the amenities of the locality and in the interests of highway safety in order to accord with Policies D1 (Standards of Design) and TR7 (Highway Considerations for New Development) of the Isle of Wight Unitary Development Plan.

Condition 17 to be amended by the addition of the words :

‘Unless otherwise agreed in writing by the Local Planning Authority’. After the figure 180.

                      (e)       Proposed Article 4 (2) Direction in Respect of Seaview Conservation Area, Seaview

Members were reminded that the Article 4 (2) Direction for the Seaview Conservation Area was approved by the Committee at its meeting on 2 April 2002. The Direction was served on properties within the Seaview Conservation Area on 2 September 2002. The Local Authority was obliged to give twenty one days for representations and within two months of serving the Notice had received no adverse comments.

In order for the Direction to remain in force, it was necessary for the Direction to be confirmed within the six month period.

RESOLVED :

THAT the Article 4 (2) Direction be confirmed.

CHAIRMAN