Development Control Committee 22 June 2004

18. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 11 June 2004 be confirmed.

19. DECLARATIONS OF INTEREST

Interests were declared in the following matters:

Mrs T M Butchers declared a personal and prejudicial interest in minute 20 (a) (i), item 5 – Ventnor Haven, Esplanade, Ventnor, as she had been involved with the lease of the land

Mrs T M Butchers declared a personal interest in minute 20 (a) (i), item 2 – Land at Shalfleet Manor, Main Road, Shalfleet, Newport, as the objector is known to her

Mrs T M Butchers declared a personal interest in minute 20 (a) (i), Item 6 – Westridge Golf Centre, Brading, as the objector and applicant are known to her

Mr D G Williams declared a personal interest in minute 20 (a) (i), Item 6 – Westridge Golf Centre, Brading, as the applicant is known to him

Mr G S Kendall declared a personal interest in minute 20 (a) (i), Item 9 – Land between Grasmere Avenue & Thornton close, Appley road, Ryde, as he is non Executive Director of the Primary Health Trust.

20. 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 - 10 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:

TCP/01467/E

Details:

Demolition of garage; detached double garage; two single storey extensions & first floor extension to provide additional living accommodation, to include dormer window on front and rear elevations

Mon Abri, Foreland Farm Lane,

Bembridge

Public Participants:

Mr Richard Barrett (Objector)

Mrs Nicola Kenny (Applicant)

Additional Representations:

None

Comment:

None

Decision:

Conditional planning approval, subject to the conditions set out in the Part II Register (Revised Plans)

Conditions:

As per report (item 1)

Application:

TCP/04871/W

Details:

Change of use of redundant outbuildings to storage & light industrial; alterations to vehicular access (revised scheme) (readvertised application)

Land at Shalfleet Manor, Main Road,

Shalfleet, Newport

Public Participants:

Mr John Rose (Objector)

Mr Dennis Russell (Objector)

Additional Representations:

A letter of complaint from a local resident

Comments of objection from the Campaign to Protect Rural England

Further letter from a local resident was verbally reported by the Planning Officer at the meeting

Additional condition which 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 read as follows:

“Prior to the development hereby approved commencing, details of any external lighting to be installed, either freestanding or mounted on the buildings, shall be submitted to and approved by the local Planning Authority. Thereafter only such approved lighting shall be installed unless otherwise agreed in writing with the Local Planning Authority.”

“Reason: In the interests of the amenities and character of the area to comply with policies G4 (General Locational Criteria for Development), D1 (Standards of Design), D14 (Light Spillage), C1 (Protection of Landscape Character), C2 (Areas of Outstanding Natural Beauty) and C4 (Heritage Coast) of the IW Unitary Development Plan.”

Further condition also required in respect of alterations to access from Mill Road to prevent access to vehicles approaching along Mill Road from south and to prevent right-hand turn for vehicles exiting site.

As per report (item 2)

Application:

TCP/12107/A

Details:

Demolition of dwelling; erection of 3/4 storey block of 10 flats with parking; vehicular access (revised scheme) (readvertised application)

98 Mill Hill Road, Cowes

Public Participants:

Mr Ian Andrews (Objector)

Additional Representations:

Additional comments from Highways Engineers

Comment:

Members were concerned with the lack of parking on the proposed site

Decision:

Deferred for renegotiation on parking options

Conditions:

(item 4)

Application:

Mrs T M Butchers having declared a personal and prejudicial interest on the following application, left the chamber for the duration of the debate and subsequent vote

TCP/14875/H

Details:

Construction of piled jetty with building over to provide fish processing facility and retail outlet

Ventnor Haven, Esplanade, Ventnor

Public Participants:

Mr Christopher Mortimer (on behalf of the Applicant)

Additional Representations:

A letter from a local resident commenting on the location of the proposed jetty and building

Comments from Environment Agency

Comments and additional condition that Planning Officers wished to be added

Comment:

The local and adjoining Member spoke on this item

Decision:

Conditional planning approval, subject to the conditions set out in the Part II Register – Covering letter to accompany decision notice drawing attention to the comments of the Environmental Health Officer

Conditions:

Additional condition to read as follow:

“This permission shall authorise the use of the building for the processing of fish/shellfish and not for any other purpose in Classes B1, B2 or B8 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that class in any statutory instrument revoking and re-enacting that Order, except with the prior consent in writing of the Local Planning Authority.”

“Reason: In the interests of the amenities of the area and to comply with policies G4 (General Locational Criteria for Development), D1 (Standards of Design), E1 (Promote Suitably Located New Employment Uses) and P5 (Reducing the Impact of Noise) of the IW Unitary Development Plan.”

As per report (item 5)

Application:

TCP/22221/E

Details:

Demolition of golf driving range structure; single storey extension to form replacement golf driving range; proposed floodlighting

Westridge Golf Centre, Brading Road, Ryde

Public Participants:

Mr Dennis Russell (Objector)

Ms Sarah Doran (Objector)

Mr Mark Wright (Applicant)

Additional Representations:

None

Comment:

The local Member spoke on this item

Members were concerned with the impact of lights when view from properties in Nettlestone and Seaview Development Control Committee Site Inspection 2 July 2004, and wanted to defer to see what possible solutions could be sought

Decision:

Deferred for negotiations and discussions with applicant.

Conditions:

(item 6)

Application:

Before the debate began, Mr B E Abraham declared a personal and prejudicial interest in the following application as he is a campsite owner, he left the chamber and took no part in the debate or subsequent vote

TCP/22638/D

Details:

Variation of condition no.2 on TCP/22683/C to allow occupancy of one caravan for use as mangers accommodation all year round

Whitefield (part of Whitefield Woods), Brading Road, Ryde

Public Participants:

Mr Edward Davies (Applicant)

Additional Representations:

A letter received from the Forestry Commission

Comment:

The local Member spoke on this item

Members were concerned with access to the site off a busy road

Decision:

Deferred by the Development Control Committee for a site inspection

Conditions:

(item 7)

Application:

TCP/23135/A

Details:

Conversion of disused stable block into holiday cottage barn at Kingston Farm, Kingston Road, Kingston, Ventnor

Public Participants:

Dr Francis Zaniewski (Objector)

Mrs Susan Cockram

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 8)

Application:

TCP/24977/B

Details:

Outline for 48 bed nursing home

Land between Grasmere Avenue and Thornton Close, Appley Road, Ryde

Public Participants:

Ms Kathy Gree (on behalf of the Applicant)

Additional Representations:

2 letters received from local residents

A letter received from the tenant farmer

Comments and additional condition from Planning Officers that they wished to be added

Comment:

Letter read out from the local Member

The Portfolio holder for Adult and Community Services spoke on this item

The adjoining ward Member spoke on this item

Decision:

Conditional planning approval, subject to the conditions set out in the Part II Register (Revised plans) (Subject to Section 106 agreement limiting the development of an area of agricultural land not exceeding 1 hectare as indicated on outline planning consent no. TCP/24977/B-P/730/04 for the purposes of accommodating a 48 bed nursing home only which is to be developed and managed by a registered social landlord registered under the appropriate legislation; requiring that the 48 bed nursing home shall not be brought into use until the Green Transport Plan has been submitted to and approved in writing by the Local Planning Authority and any such agreed Transport Plan thereafter be implemented and subject to monitoring.

Conditions:

Additional condition to read as follows:

“Any details of the design and construction of the new access road referred to in condition No. 8 shall include the provision for a gated access to the agricultural field which shall be located in a position to be agreed with the Local Planning Authority. Such gated access shall be retained and maintained thereafter.”

“Reason: To ensure adequate standard of access to the agricultural field in compliance with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.”

As per report (item 9)

Application:

TCP/06159/T

Details:

Demolition of building; outline for six dwellings; formation of pedestrian access

106 School Green Road, Freshwater

Public Participants:

None

Additional Representations:

None

Comment:

Members were concerned re parking issues and the lack of double yellow lines on the highway at the proposed site

Decision:

Deferred for negotiations

Conditions:

(item 3)

Application:

TCP/25416/A

Details:

Demolition of building; pair of semi-detached houses; vehicular access (revised scheme)

Haven, New Road, Wootton Bridge, Ryde

Public Participants:

None

Additional Representations:

None

Comment:

None

Decision:

Conditional planning approval, subject to the conditions set out in the Part II Register - letter to be sent to accompany Decision Notice, advising developer that the development should be carried out strictly in accordance with the approved plans, with particular reference to finished floor level and finished height of buildings.

Conditions:

Additional condition required requiring screening to ends of balcony to be provided prior to occupation of the dwellings in accordance with the approved plans, or such other details as may be agreed in writing with the Local Planning Authority.

As per report (item 10)

(b) Other Matters Not Relating To Current Planning Applications

(i) TCP/12010/M - Operation of Bed and Breakfast facility at Adgestone Vineyard, Upper Road, Adgestone

Members considered whether the operation of a Bed and Breakfast service as part of the general business premises at Adgestone Vineyard, was already authorised under a previous planning permission, and if not whether the level of the use is insufficient to trigger a need for formal planning consent, or if it is, how the Local Planning Authority should respond.

RESOLVED :

THAT the contents of this report be noted with regard to the indicated breach of Planning Control, but to resolve to take no further action on this point.

(ii) TCP/18304/A - Service of an Urgent Works Notice to protect Grade II listed granary – Gotten Manor, Gotten Lane, Chale.

Consideration was given to whether an Urgent Works Notice should be served to provide temporary works of support (involving propping and shoring with timber) and make the structure weathertight (the provision of a waterproof cover) in order to prevent the destruction of a listed building.

RESOLVED :

THAT authorisation be given to the service of the notice which would enable a final warning letter to be issued specifying 14 days for written confirmation from the owner of their acceptance to undertake the work within a 3 week period to the satisfaction of the local authority. In the event of receiving no response from the owner the local authority should utilise the powers under section 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990 enabling the local planning authority to carry out works for the preservation of the listed building at a cost no greater than £1,000.00. To use the powers under section 55 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to recover the costs incurred from the property owner.

(iii) TCP/22959/A-P/00952/99 - Single storey rear extension at 10 Denness Road, Lake, Sandown

Members were originally asked to consider an offer made by the owner of the property, which would resolve the current breach of planning control, short of the demolition of the entire extension as required by the enforcement notice. However, Members attention was drawn to the update in the late representations, which contained additional advice from Counsel and Planning Officers requesting Members to consider adopting an alternative recommendation, which Members were minded to do.

RESOLVED :

THAT an invitation be sent requesting (without prejudice to the final decision) a formal planning application to retain the reduced extension with a request that any application be submitted within the next 28 days. That the householder be advised that should the planning application be approved then the Local Planning Authority would expect the element of the extension that is to be demolished to be removed within a timescale specified in part of a condition.

(iv) TCP/25666/B - Refusal of Planning Permission: Formation of vehicular access and hard standing at Flora Cottage, Morton Road, Brading

Consideration was given to whether the circumstances justify the service of an Enforcement Notice requiring the cessation of the use of the land for vehicular access and hard standing and reinstating the land to its original condition.

RESOLVED :

THAT the enforcement notice be served, requiring the cessation of the use of the vehicular access and further works associated with the formation of the hardstanding. To require the reinstatement of the land area to its former topography, and the closure of the open boundary to Morton Road.

THAT Officers be authorised to review the situation and adjust the contents of the Enforcement Notice to reflect the specific circumstances which exist immediately prior to its service.

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

RESOLVED :

THAT the report be noted.

21. URGENT BUSINESS

The Chairman agreed to the following three items of urgent business, as decisions were needed before the next meeting

(i) TCP/25943/A – Siting of mobile catering unit/kiosk land at The Promenade, Totland Bay

Members reconsidered this matter which was considered at the meeting of the Development Control Committee held on 11 May 2004 when the application was deferred at the request of officers in order that they may discuss with the applicant’s agent possible alternative locations and design of the kiosk and to clarify with the Highway Engineer matters relating to highway safety arising from the proposal.

Members were informed that Highways Engineers had revisited the site and although there were other locations in which the kiosk could be sited, they did not feel that there were sustainable grounds for recommending refusal to this application, as it stands. Members however were still very concern in regards to the safety of people visiting the kiosk at the proposed location.

RESOLVED :

THAT Application refused contrary to Officer’s recommendation on grounds that siting of kiosk would create a highway hazard.

(ii) TCP/1870/H-P/82/04 – Terrace Development of block of 4 flats and 3 houses, terrace of 3 houses, parking and access road, land abutting Elm Grove and Nine Acres Lane with access off St John’s Road

Members were asked to reconsider their request made at the Development Control Committee held on Friday, 21 May 2004, following request from the developers to remove the footpath requirement to the south of the site abutting Elm Grove. This due to the severity of the drop and requirements for a crash barrier and a likely speed increase of traffic on Elm Grove with cars parking partly on the pavement that this requirement was requested be withdrawn.

RESOLVED :

THAT request for the removal of the footpath, from the south-site of the plan be authorised.

(iii) TCP/25508 – Use of land for motocross, upgrading of track and facilities, land opposite Gore Cemetery

Members were asked to consider that, in light of the Consent Order to quash the temporary planning permission which was due to expire on 30 June 2004, to reaffirm their decision that one additional major event should be allowed to take place on site in September 2004.

RESOLVED :

THAT Notwithstanding the likely quashing of the temporary planning permission Members reaffirm their earlier decision to allow the use of the site for motocross purposes for one further occasion in September 2004.

CHAIRMAN