MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 2 APRIL 2002 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 V J Morey, Mr A A Taylor, Mr D T Yates

Portfolio Holder :

Mrs B Lawson

Apologies :

Mr C H Lillywhite, Mr A J Mellor

Also Present (non voting) :

Mrs M J Lloyd, Mr H Rees

97.      MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 22 March 2002 be confirmed.

98.      DECLARATIONS OF INTEREST

Interests were declared in the following matters :

Mr J H Fleming declared a non pecuniary interest in Minute 100 (d) (i) 5 - 22 Church Road and The Margaret Pasmore Theatre, Priory Road, Shanklin, and remained present.

Mr A A Taylor declared a non pecuniary interest in Minute 100 (d) (i) 4 - Bowcombe Meadows Business Park, Bowcombe Road, Newport, and was not present during the discussion and voting thereon.

Mrs B Lawson declared a non pecuniary interest in Minute 100 (d) (i) 3 - The Shipyard, Ashlake Copse Road, Ryde, and remained present.

99.      URGENT BUSINESS - TCP/24303/P - CONTINUED USE OF PREMISES AS A FLAT ON GROUND FLOOR AND HOUSE IN MULTIPLE OCCUPATION ON 1^ST AND 2^ND FLOORS; RETENTION OF STORAGE SHED CARTER AVENUE, SHANKLIN

The Committee were reminded that the application had been to the Development Control Committee on 16 October 2001. At that meeting the application was refused and enforcement action authorised. The Enforcement Notice was served on 3 March 2002.

An appeal had been lodged and a hearing date set. The appeal was allowed subject to conditions. Because the Enforcement Notice had been served and the appeal lost the Committee were advised that the Enforcement Notice should be withdrawn.

RESOLVED :

THAT the Enforcement Notice be withdrawn.

100.    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.

TCP/18291/A - 4 pairs of semi-detached houses, 2 terraced blocks of 3 houses (14 in total) land adjacent Kingslea Park and off Cadets Walk, East Cowes

Members were reminded that the application had been deferred from the last meeting of the Committee. This was to enable a meeting to take place on the site with the Development Control Manager and a Councillor, the meeting took place on 21 March 2002.

Whilst on site it was noticed that on adjacent land there was storage of large amounts of hardcore. It was felt that this represented a health and safety risk and a 28 day letter had been served.

RESOLVED :

                      (i)        THAT planning permission be granted subject to the conditions as set out in the report of 12 March 2002.

                      (ii)       THAT Section 215 action should be taken if there was a failure to respond in the required time.

           (b)       TCP/24342 - Change of use of buildings and outline for retirement dwellings with ancillary hydrotherapy, medical, leisure and social facilities, convalescent/nursing facilities for over 50's; additional highways, ecological, landscape and drainage information received (readvertised application) Whitecroft, Sandy Lane, Newport, Isle of Wight

Members were advised that this was a major application, Significant consultations had been undertaken with regard to highways and access, ecology, habitat and landscape, drainage and policy, there were also a number of outstanding issues. The relevant Health Trusts had also not responded to requests for comments.

Because of the length of time the consultations and negotiations had taken, the applicants had exercised their right to appeal to the Secretary of State because the Local Planning Authority had not issued a decision on the application within the statutory timescale. A second application had been submitted in order that negotiations with consultees could continue and a decision be made locally on that application.

The Committee were told that because the application had been appealed, the Local Planning Authority could take no further action upon it. However, as part of its case at the Local Inquiry, due to be held in July, the Planning Authority would have to put forward the view that it would have taken on the application, had it been in a position to do so.

Southern Water had written to confirm that a sewer capacity check investigation had been undertaken. A letter from two local residents had been received and comments from the Isle of Wight Primary Care Trust.

Officers advised that a sewer capacity check had now been carried out and Southern Water were no longer recommending refusal, but subject to appropriate conditions, would accept the development proposed. A separate vote was taken on this issue.

RESOLVED :

                      (i)        THAT the applicants be advised that, had the Local Planning Authority been in a position to determine the application, it would have been refused for the reasons set out in the report.

                      (ii)       THAT because no information was available regarding the details of the sewer required, reason 10 as set out in the report be retained in the Council’s case at the inquiry.

           (c)       Schedule of Appeals

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

RESOLVED :

THAT the report be noted.

           (d)       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.

PART II

PART III

           (ii)       Part IV - Items Other Than Current Issues

                       (a)       TCP/13655E/L - Open Plan Condition on Pan Estate, Newport

Consideration was given as to what course of action to adopt in respect of fences which had been erected on Pan Estate in breach of the Open Plan Condition.

RESOLVED :

THAT no immediate action be taken regarding the current breaches. To support the idea that the merits of the open plan condition be considered through the Heart of Pan Project with the goal of an application to revise/amend/remove the open plan condition being submitted to the Local Planning Authority and progress on this to be reviewed in six months time.

                       (b)       TCP/17575D - Residential training operation building, Bouldnor Forest, Bouldnor

Members were made aware of the present situation regarding the operation at Bouldnor Forest, Bouldnor and to consider what the Local Planning Authority’s response should be to the ongoing breach of planning and control.

Further letters had been received from the owner of a local property and from the applicants agent.

RESOLVED :

THAT the applicant be given 21 days to submit the outstanding information.

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

Members gave consideration to the serving of an Enforcement Notice which required the unauthorised structures and works to be removed from the site.

RESOLVED :

THAT an Enforcement Notice be served requiring the owner to remove those materials involved in the construction of the extended area of hardstanding, access track and bund and the reinstatement of the land to its former condition. Time for compliance – Six months.

                       (d)       Proposed Article 4(2) Direction in respect of Seaview Conservation Area, Seaview

Seaview Conservation Area had been recognised as having Special Architectural and Historic Interest, the character and appearance of which the Local Authority believed was desirable to preserve.

Only a small minority of the buildings within Seaview Conservation Area were listed as being of Special Architectural or Historic Interest. Therefore, in respect of all other buildings, extensions/alterations/improvements did not require the benefit of listed building consent and in a variety of cases did not require planning permission because of permitted development rights. The cumulative effect of numerous small changes resulting from permitted development had the potential to rapidly erode the character of the seaside village.

It was considered that the Council, as the Local Planning Authority, needed to be able to control or regulate some of the physical changes. This would be achieved by the withdrawal of certain permitted development rights by an Article 4(2) Direction.

RESOLVED :

THAT an Article 4(2) Direction be served in respect of the aforementioned properties encompassing permitted development works outlined in the earlier part of the report.

           (iii)       TCP/49978 - Split Level Dwelling and Detached Garage, Land Between 5 and 7 Leeson Road, Ventnor

Members were advised that a request had been received from English Nature which asked if the Committee would consider the possibility of revoking the extant conditional planning permission for land between 5 and 7 Leeson Road, Ventnor. Permission had been granted in August 1999 and would remain valid until 2 August 2004.

The basis of the request was that the site was within an area designated as a Site of Special Scientific Interest (SSSI) and English Nature did not have the opportunity to comment when the application was under consideration.

RESOLVED :

                      (1)       THAT English Nature should be advised that on any future applications on this site they will be given the opportunity to comment.

                      (2)       THAT English Nature be advised that procedures have been, or are in the process of being reviewed to ensure that they are consulted in all relevant cases.

                      (3)       THAT English Nature be advised that the Council, as Local Planning Authority, declines the request and refuses to revoke the permission.

CHAIRMAN