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, Ventnor

Erection 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, Cowes

Outline 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 Bay

Demolition 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