MINUTES
OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT,
ISLE OF WIGHT ON TUESDAY, 20 APRIL 2004 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, Mr J F Howe, Mrs M A Jarman, Mr C H Lillywhite, Mr V J Morey, Mr A A Taylor, Mr J A Whittaker, Mr D G Williams, Mr D T Yates
Also Present (non voting) :
Mrs T M Butchers, Mr G S Kendall, Mrs B Lawson, Mr D J Knowles, Mr A Mundy
Apologies :
Mr C B W Chapman
105. MINUTES
RESOLVED :
THAT the Minutes of the meeting held on 2 April 2004 be confirmed.
106. DECLARATIONS OF INTEREST
Interests were declared in the following matters:
Mr B E Abraham declared a personal interested in minute 107
Paper A1, Prestwood Grange Farm, Off Smallbridge Lane, Ryde, as he is also a
farmer.
Mr J H Fleming
declared a personal interest in minute 108 (a) (i) item 1 A/02322/B 17
permanent banner sites within Ryde (2), Cowes(1), Newport (2), Sandown(5),
Shanklin(1), Freshwater(1), Colwell(2), Bembridge(1), Wootton(1) & St.
Helens(1)
including
entrance to Medina Leisure Centre, Fairlee Road, Newport, as the Portfolio
Holder for Tourism
Mrs M Kirkman declared a personal interested in minute 108
(a) (i) item 2 TCP/2700/F 9 Pier
Street, Sandown, as the objector is known to her.
Mrs B Lawson declared a personal interest in minute 108 (a)
(i) item 3 TCP/07599/H, Former depot/garage site, Pound Lane, Ventnor, as she
is Chairman of the Ventnor Carnival Association and this is the site of where
they store the carnival float
Mr J F Howe declared a personal and prejudicial interest in
minute 108 (a) (i) item 8 TCP/15752/W, Island View Chalets, Fort Warden Road,
Totland Bay, as he had been involved in discussion with the applicants for a
previous planning application, through his role with the Parish Council.
Mr A A Taylor declared a personal interest in minute 108
(a) (i) item 9 TCP/16015/L George Jenkins Transport, Bigbury Farm, Alerstone
Road, Apse Heath, Sandown as the speaker representing the applicants agent is
known to him.
Mr B E Abraham declared a personal interest in minute 108
(a) (i) item 10 TCP/18086/B, Lakeside, High Street Wootton Bridge, Ryde as he
lives opposite the application site.
Mr C H Lillywhite declared a personal interest in minute
108 (a) (i) item 13, Land adjoining Hill House, Queens Road/2 School Green
Road/Brookbank and Brookside Forge, Brookside Freshwater, as is on the same
carnival committee as the applicant.
Mrs M J Miller declared a personal and prejudicial interest
in minute 108 (a) (i) item 15 TCP/25843/A 3 Nelson Close, East Cowes, as the
applicants are known to her.
107. PAPER A1 PRESTWOOD GRANGE FARM, OFF SMALLBROOK LANE, RYDE
Members considered the whether circumstances justified the serving of a Discontinuance Notice requiring the cessation of the dairy operation by the owners of Prestwood Grange Farm.
Late representations had been received in the form of a letter and statement from the Solicitor acting on behalf of the owners of Prestwood Grange Farm. The content of the correspondence outlined their view that the serving of a Discontinuance Notice would be inappropriate action by the council. Representations were also received from the agricultural advisors who represent both the owners of the farm and the National Farmers Union, enquiring among other things, likely level of financial compensation, what legal advice had been taken by the Council, prior to the preparation of the report; national significance of the decision etc.
Also received late representations from the Chairman of SEAGAP, who raised points regarding housing density and comments on the content of the report and their view that it played down the impact the farm has had on the local residence over the last seven years.
Planning Officers reminded Members, that the notice would only relate to the diary operation of the farm; that it was essential that Members remember that weight must be given to both the landowners and the local residents in regards to their interests and human rights.
Through debating this item Members came to the conclusion that they were unable to make the decision, as to whether or not a Discontinuance Notice should be served, not without first considering the evidence in full, or possibly seeking further legal advice.
RESOLVED :
THAT the paper be deferred to another meeting to allow further consultation with Counsel and brought back to Committee at a later date, to be debated in a closed session.
108.
REPORT OF THE HEAD OF PLANNING SERVICES
(a)
Planning Applications and Related Matters
(i)
Part II and Part III
Consideration was given to items 1 15 of the
report of the Head of Planning 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.
Application: |
A/02322/B |
Details: |
17 permanent
banner sites within Ryde (2), Cowes(1), Newport (2), Sandown(5), Shanklin(1),
Freshwater(1), Colwell(2), Bembridge(1), Wootton(1) & St. Helens(1) including entrance to Medina Leisure Centre, Fairlee Road, Newport |
Public Participants: |
Prof Dennis Russell
(Objector) |
Additional Representations: |
None |
Comment: |
Members resolved to
issue a split decision by considering the recommendations of approval and
refusals separately. Members were also
minded to change amend the approval from permanent to a 2 year approval, to
be renewed once that period has expired. |
Decision: |
1.1
Brading Road, Ryde 1.2
Esplanade, Ryde 4.1 Fairlee Road,
Newport 5.1 Broadway, Sandown 5.3 Culver Parade,
Sandown 6.1 County Ground,
Shanklin 8.1 School Green
Road, Freshwater 8.2 Colewell Common,
Totland Bay North East Corner Conditional planning
approval, subject to the conditions set out in the Part II Register 2.2 Newport Road,
Cowes 4.4 Fairlee Road,
Newport 5.2 Broadway, Sandown 5.4 High Street,
Sandown 5.6 Culver Parade,
Sandown 8.3 Colewell Common,
Totland Bay South West Corner 9.1 Sandown Road,
Bembridge 10.1 Kite Hill,
Wootton 11.3 Rowborough
Corner, St. Helens Refusal of planning
permission, for the reasons set out in the Part II Register |
Conditions: Reasons: |
The following
conditions to be amended to read: Condition No.1: This permission shall be for a
limited period expiring on 30 June 2006, after which date the use of the site
for the display of any advertisements shall cease. Reason: To enable the Local Planning Authority to
assess the impact of the proposed use. Condition No.7: Before the banner frame is
installed at location 4.1, which is the verge outside Medina Leisure
Centre/High School/Theatre (right-hand side) a plan showing its precise location,
taking into account the position of nearby trees, shall be submitted to and
approved by the Local Planning Authority.
The submitted details shall also include a specification outlining how
the frame shall be installed to avoid damaging any tree roots. The installation shall then take place in
accordance with the agreed location and specification. No other banner frames shall be located at
any of the other sites. Additional
condition to be added to read: No advertisement displayed as a result of this
permission shall exceed 7 metres in length by 1.1 metre, and no advertisement
shall be erected more than three weeks prior to any event which is being
advertised, and all banners shall be removed within one week after the event
has taken place. Reason:
In the interests of the amenities of the area and to comply with
Policies D1 and D6 of the IW Unitary Development Plan. As per report (item 1) Against
Officer recommendation, Members refused sign at 8.3 Colwell Common, Totland
Bay, south west corner is to go in the group to be refused. Reason for refusal of that specific sign
is the proposed advertisement, because of its position, size, design and
appearance would be an intrusive display out of character with this
residential area and would be contrary to Policy S6 (be of a high standard of
design), policy D6 (advertisements in defined settlements), D1 (standards of
design) of the IW Unitary Development Plan. As
per report (item 1) |
Application: |
TCP/02700/F |
Details: |
9, Pier Street, Sandown Demolition of existing building; construction of 4 storey building to form 7 flats with a retail unit on ground floor |
Public Participants: |
Mr Guy Trevallion
(Objector) Mr Nicholas Yates
(Objector) |
Additional Representations: |
Comments
raising concerns regarding the description of the building as a four storey
building, and that it would be more accurate to describe it as a five storey
building. Planning Officers
comments: If Members were minded to agree with the comments raised, they
could defer the application for re-advertisement, with a description they
felt accurately described the proposal |
Comment: |
Members resolved to consider
the application as presented Members felt that the application should be refused
on policy grounds
|
Decision: |
Contrary
to Officers recommendation, Members refused planning permission |
Reasons: |
Due to Members going
against Officers recommendation, the Head of Planning Services invoked the
Cooling Off procedure to enable Members to reflect on the proposed
decision, and for Officers to prepare a report to return to Committee,
commenting on the sustainability on their reasons for refusal. (item
2) |
Application: |
TCP/07599/H |
Details: |
Former depot/garage site, Pound Lane, VentnorErection of 14 flats in a 3 storey block and parking (revised plans) (re-advertised application) |
Public Participants: |
Mr Guy Gardner (On
behalf of Applicant) |
Additional Representations: |
A letter received from
the Local Member declaring an interest, but also raising concern regarding
the sewage disposal system A letter received from
Ventnor Medical Centre regarding access to their premises Highway Officers
comments relating to parking, cycle parking, visibility and site line to new
footway Additional conditions
Planning Officers wish to add regarding Highways Officers conditions and
Environmental Health conditions |
Comment: |
Members raised concerns
regarding the lack of benefit for amenities |
Decision: |
Subject to a
legal agreement regarding contributions to education facilities and play
areas Conditional
planning approval, subject to the conditions set out in the Part II Register |
Conditions: |
As per report (item 3) |
Application: |
TCP/09052/C |
Details: |
Land adjacent 51, Albert Road, CowesOutline for terrace of 3 houses with parking; alterations to & construction
of new vehicular access, (revised scheme) |
Public Participants: |
Mrs Pat Suttmann
(Objector) Mr Robert Smith
(Objector) Mr Brian Salter (Town
Council) |
Additional Representations: |
Two letters of objection
received from local residents Additional condition
from Highways Officer that Planning Officers which to be added Letter from Chairman of
the Development Control Committee of objection, this was verbally mentioned
by the Planning Officer, but raised no new issues not on |
Comment: |
The local Member spoke
on this item and raised concerns regarding parking Members of Committee
were also concern regarding drainage/sewage and access for emergency vehicles |
Decision: |
Deferred for consultations
on drainage, ground conditions and access for emergency vehicles. Concern was also expressed regarding the
level of parking to be provided in connection with the development. Consultations are required with Southern
Water, Environment Agency, Isle of Wight Fire & Safety, Building Control
and Highway Engineer |
Conditions: |
(item 5) |
Application: |
TCP/11199/E |
Details: |
Former telephone exchange, off, High Street, Godshill, Ventnor |
Public Participants: |
Mr Brian Ginders (Applicant) |
Additional Representations: |
None |
Comment: |
Members thought that
approval should be extended from 2 years to 5 years |
Decision: |
Conditional planning
approval, subject to the conditions set out in the Part II Register |
Conditions: |
Condition No 1 to be
amended to read: This
permission shall be for a limited period expiring on 30 April 2009, on or
before which date the building shall be permanently removed from the site and
the land shall be restored to its former condition unless the prior written
consent of the Local Planning Authority had been obtained in writing for a
further period. As per report (item 7) |
Application: |
TCP/16015/L |
Details: |
George Jenkins Transport, Bigbury Farm, Alverstone Road, Apse Heath, Sandown Building to house containers/trailers |
Public Participants: |
Mr Paul Airey (On
behalf of Agent) |
Additional Representations: |
Addition comments received
from Applicants Agent regarding vehicle movements on the application site |
Comment: |
None |
Decision: |
Conditional planning
approval, subject to the conditions set out in the Part II Register |
Conditions: |
Amendment to Condition No
4 to read: This
permission shall authorise the use of existing haulage depot, its extension
and new building hereby approved to a maximum of 27 haulage vehicles in
total. A haulage vehicle is defined as 1 trailer and 1 tractor. As per report (item 9) |
Application: |
The Chairman Mrs M J
Miller, had declared a personal and prejudicial interest in this item, she
vacated the chair and chamber for the duration of the debate and voting on
this application. Vice Chairman Mr A A
Taylor, took the chair. TCP/25843/A |
Details: |
3 Nelson Close, East Cowes 2 storey extension to form annexed accommodation (revised scheme) |
Public Participants: |
Mr Steven Payton
(Applicant) |
Additional Representations: |
None |
Comment: |
None |
Decision: |
Conditional planning
approval, subject to the conditions set out in the Part II Register |
Conditions: |
As per report (item 15) |
Application: |
Mrs M J Miller retook her
position as Chairman for the remainder of the remainder of the meeting TCP/07676/F |
Details: |
Land between Chameleon and Whitecliff Lodge, Hillway Road, Bembridge Renewal: 2 bungalows with vehicular access |
Public Participants: |
None |
Additional Representations: |
None |
Comment: |
None |
Decision: |
Conditional planning
approval, subject to the conditions set out in the Part II Register |
Conditions: |
As per report (item 4) |
Application: |
TCP/10169/F |
Details: |
Land rear of 33 and 35 Albany Road and fronting, Catherine Terrace, Newport Demolition of garage block; terrace of 4 houses |
Public Participants: |
None |
Additional Representations: |
A letter of objection
received from a local resident A petition of objection
received containing 121 signatures from local residents |
Comment: |
Members were concerned
regarding over development of site and access and parking issues |
Decision: |
Contrary to Officers recommendations
Members refused planning permission |
Reasons: |
Refused on
grounds of loss of parking, major on-street parking problems,
over-development leading to cramped appearance and inadequacies in highway
network leading to the site. (item
6) |
Application: |
TCP/15752/W |
Details: |
Island View Chalets, Fort Warden Road, Totland BayDemolition of two
chalets; replacement pair of semi-detached holiday bungalows |
Public Participants: |
None
|
Additional Representations: |
None |
Comment: |
Members
commented that they would prefer the holiday bungalows to remain under one
ownership and the standard 6week holiday occupancy imposed. |
Decision: |
Subject to a
106 Legal Agreement
Conditional planning
approval, subject to the conditions set out in the Part II Register |
Conditions: |
Members were not happy
with occupancy restrictions suggested by applicant and therefore resolved
that consent should be subject to conditions requiring the chalets to be
retained on one ownership and that occupancy by any person, group of persons
or family should be restricted to 6 weeks in any year. (item
8) |
Application: |
TCP/18086/B |
Details: |
Lakeside, High Street, Wootton Bridge, Ryde Hotel & conference
room with link to existing restaurant (Environmental Statement submitted)
(readvertised application) |
Public Participants: |
None
|
Additional Representations: |
None |
Comment: |
None |
Decision: |
Refusal of planning permission,
for the reasons set out in the Part II Register |
Conditions: |
As per report (item 10) |
Application: |
TCP/19235/D |
Details: |
Land between Hillway Annexe and Woodclose, Hillway
Road, Bembridge Renewal: Bungalow with integral garage; formation of
vehicular access |
Public Participants: |
None |
Additional Representations: |
None |
Comment: |
None |
Decision: |
Conditional planning approval,
subject to the conditions set out in the Part II Register |
Conditions: |
As per report (item 11) |
Application: |
TCP/25090/B |
Details: |
Byeways, Broadway, Totland Bay Pair of semi-detached houses (revised scheme)(corrected
description)(readvertised application) |
Public Participants: |
None
|
Additional Representations: |
Comments form the
Architectural Liaison Officer Additional conditions regarding
bus shelter, kerbing and paving that Planning Officers wished to be added |
Comment: |
None |
Decision: |
Conditional planning
approval, subject to the conditions set out in the Part II Register |
Conditions: |
Additional conditions to
be added: Prior to the dwellings
hereby approved being occupied, a replacement bus shelter shall be provided
along with disabled access compliant kerbing in accordance with the scheme to
be submitted to and approved by the Local Planning Authority prior to work
commencing on site. Thereafter, the
shelter and kerbing shall be retained and maintained in accordance with the
approved details unless otherwise agreed in writing with the Local Planning
Authority. Reason: To ensure provision of adequate facilities for
users of public transport and to comply with Policy TR9 (to encourage the
provision of improved transport facilities) of the IW Unitary Development
Plan. Prior to the dwellings
hereby approved being occupied, the area immediately forward of and abutting
the front wall of the buildings shall be paved to match the existing pavement
area, in accordance with the scheme to be submitted to and approved by the
Local Planning Authority prior to work commencing on site. Thereafter, the surface treatment shall be
retained to match the existing highway footway and no walls, fences or other
means of enclosure or structures, with the exception of the bus shelter
required by condition 8, shall be erected on the area forward of the
buildings hereby approved. Reason: In the interests of highway safety and to comply
with Policies D1 (Standards of Design) and TR7 (Highway Considerations for
New Development) of the IW Unitary Development Plan. As per report (item 12) |
Application: |
TCP/25275/A |
Details: |
Land adjoining Hill House, Queens Road/2 School Green Road/Brookbank and Brookside Forge, Brookside Freshwater Demolition of
hotel; residential development comprising a total of 36 dwellings in a mixed
development of houses & flats with associated parking; formation of
vehicular & pedestrian access (revised plans) |
Public Participants: |
None |
Additional Representations: |
Comments received from
Highways Officer A letter of objection received
from daughter of adjoining property A copy of a letter from
the Environment Agency Comments from the
Architectural Liaison Officer Additional conditions
that Planning Officers wished to be added |
Comment: |
Members commented that
this was a good application, but did have concerns regarding the capacity of
the sewage facility for the site and lack of CCTV regarding the private
amenity space |
Decision: |
Subject to a Section 106 Agreement covering the provision
of 8 affordable housing units in line with Council Policy H14, the payment of
£32,400 (36 x £900) in respect of contribution to education facilities, and
payment of £10,440 (36 x £290) towards upgrading of local open space and
recreational facilities. Conditional
planning approval, subject to the conditions set out in the Part II Register |
Conditions: |
That letter be
sent to applicants requesting the submission of a construction traffic
methodology statement ensuring the site works are carefully managed to cause
least disturbance to local residents and to draw applicants' attention to the
need to address the Party Wall Act of 1996. The applicant be
advised to consult with English Nature with a view to obtaining a DEFRA
licence in respect of badger activity. Additional
conditions to be added: Prior to occupation of
the flats 9-22 inclusive the 1.8 metre high brick boundary wall which forms
the boundary between the property Brooklands and the application site as
indicated on the plan hereby approved shall be erected and shall be retained
as such thereafter. Such wall shall
be finished in materials to be agreed with the Local Planning Authority. Prior to occupation of flats 20-22
inclusive the 1.2 metre high boundary brick wall indicated between property
Brookbank and the application site shall be erected and shall be erected and
shall be retained as such thereafter.
Such wall shall be erected in materials to be agreed with the Local
Planning Authority. As per report (item 13) |
Application: |
TCP/25521 |
Details: |
Land north of, Redshank Way, Newport Terrace of 7
houses to be used for holiday purposes and seeking amendment to TCP/14525/S (additional
information relating to mooring allocation proposed & within existing
marina)(readvertised application) |
|
Application deferred to the 11 May meeting because
of lack of time and lateness of Committee. |
|
|
109. URGENT BUSINESS
The Chairman agreed to the following item of urgent business, as a decision was needed before the next meeting
(i) TCP/06741/E Detached double garage with storage space
over; 2 single storey extensions to form entrance hall & sitting room;
extension & new roof to provide 1st floor to include verandah on rear
elevation
1 Baring Drive, Cowes
Members were asked to consider whether to approve or refuse planning permission for the above application. Members were concerned with the stability of the ground in the area where the proposed application would be sited, and the potential effect on neighbouring land.
RESOLVED :
THAT planning permission be refused for the following reason:
1. The application site lies in an area of known or potential ground instability and, notwithstanding the information submitted in support of the proposal, it has not been adequately demonstrated to the Local Planning Authority that any potential threat to the development arising from ground conditions in the area can be addressed in an environmentally acceptable manner or that the development itself would not cause further instability within the site and to adjacent land. In consequence, it is considered that the submission fails to fulfil the requirements of Planning Policy Guidance Note 14 - Development on Unstable Land, and the proposal is contrary to Policy G7 (Development on Unstable Land) of the Isle of Wight Unitary Development Plan.
DUE TO THE LATENESS OF THE
MEETING, OTHER MATTERS NOT RELATING TO CURRENT PLANNING WAS NOT DETERMINED BUT
DEFERRED TO THE NEXT COMMITTEE MEETING
(a)
Other Matters Not Relating To Current Planning
Applications
(i)
TCP/7917/E Unauthorised change to shop front, at 9-13 Pier Street,
Ventnor, which is detrimental to the visual amenities of the area
(ii)
TCP/09272/H Siting of a mobile home, used as a separate living unit,
at Victoria Lodge, Castlehaven Lane, Niton Undercliff, Ventnor
(iii) TCP/15171/G Unauthorised work to
convert building into private dwelling, Cheeks Farm, Merstone Lane, Merstone
(b)
Schedule of Appeals
DUE TO THE LATENESS OF THE MEETING THE SCHEDULE OF APPEALS WAS
NOT DETERMINED BUT DEFERRED TO THE NEXT COMMITTEE MEETING
CHAIRMAN