MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE - SITE INSPECTIONS HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY, 20 JUNE 2003 COMMENCING AT 10.30 AM

Present :

Mrs M J Miller (Chairman), Mr B E Abraham, Mr C B W Chapman, Mr J Fleming, Mr E Fox, Mrs B Lawson (deputising for Mrs M A Jarman), Mr C H Lillywhite, Mr V J Morey, Mr A A Taylor, Mr D G Williams, Mr D T Yates

Apologies :

Mr A C Coburn, Mr J F Howe, Mrs M A Jarman

Also Present (non voting) :

Mrs T M Butchers

22.      MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 10 June 2003 be confirmed.

23.      DECLARATIONS OF INTEREST

Mr D T Yates declared a personal interest in Minute 24, Fernhill House, Fernhill, Wootton - as the applicant was known to him - and remained present.

Mrs T M Butchers declared a personal interest in Minute 25 (a) Edina, Mill Road, Yarmouth - as the Local Member - and remained present.

24.      REPORT OF THE STRATEGIC DIRECTOR OF ENVIRONMENT SERVICES

Planning Applications and Related Matters

Consideration was given to the following item in the report of the Strategic Director of Environment Services.

RESOLVED :

THAT the application 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.

25.      URGENT BUSINESS

The Chairman agreed to two items of urgent business as decisions were needed before the next meeting.

           (a)       TCP/25011 - Demolition of Dwelling; Replacement Detached House, Edina, Mill Road, Yarmouth, Isle of Wight

The Local Councillor, Mrs T M Butchers, asked that the Committee be advised of the situation regarding the site.

Mrs T M Butchers circulated photographs of the site to the Committee.

The Committee were advised that the plans for the development had been approved on 7 January 2003. The development had commenced, but a complaint had been received from a neighbour with regard to the height of the building. An Enforcement Officer investigated and found the development was in the correct position but appeared to be higher than the approved plan. The developer was told to stop work and the height of the building was measured, where it was found to be 225mm higher. There was some discussion as to why the building looked so different from that approved, the original street scene submitted by the applicant showed the property was level with the adjoining property. It transpired that the street scene that had been submitted was inaccurate, a new street scene was subsequently submitted. After a discussion involving the Chairman, Vice Chairman, Local Member and Officers it was clear that the development was constructed within acceptable tolerances when compared with the approved plans. There were no grounds on which to prevent the development proceeding, 225mm was within the normal allowable differences. The agent was advised he could continue with building.

The Development Control Manager advised members that he would visit the complainant. He would also write a letter to the applicant/agent condemning what had taken place with regard to the submitted drawing. The Committee asked that a copy of any correspondence sent should also be sent to RIBA. Advice would be sent to all other applicants/agents on the accuracy of street scene drawings submitted.

Members were not happy with the discrepancy and asked if enforcement action could be taken and what was the possible outcome of an appeal. The Council’s Legal Officer believed that enforcement action would be extremely difficult to sustain 225mm.

RESOLVED :

                      (i)        THAT the development is constructed within acceptable tolerances to the approved plans be agreed and the action taken by the Members and Officers to date be noted.

                      (ii)       THAT a letter be sent to the agent with a copy being sent to RIBA.

           (b)       Request to seek authorisation for the service of an enforcement notice to address a breach of planning control following the unauthorised installation of an extraction system and flues, at Keats Green Hotel, 3 Queens Road, Shanklin, Isle of Wight

Following an enforcement investigation triggered by a complaint alleging noise and smells from an extraction flue, a retrospective planning application was submitted on 2 April 2003. A number of comments were received, including one from the Environmental Health Officer. The applicant had been asked to provide additional information in a letter dated 12 May 2003, to date the information had not been received. Without the additional supporting information, the Environmental Health Officer recommended refusal to protect the amenities of neighbouring premises and a formal decision notice was issued on 2 June 2003.

The Environmental health Officer had served an Abatement Notice and on the basis of the continued complaints with regard to noise and odour nuisance t was believed that the Local Planning Authority should issue an Enforcement Notice in support of the actions currently being undertaken by the Environmental Health Department.

RESOLVED :

That THE SERVICE OF AN Enforcement Notice be authorised requiring the removal of the extraction system and flues with a time period for compliance of one month.

CHAIRMAN