TUESDAY 22 JUNE 2004
|
TCP/25943/A P/00573/04 |
Siting of mobile catering
unit/kiosk land at The
Promenade, Totland Bay, PO39 |
Officer: Ms S
Gooch Tel: (01983)
823568
This matter 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.
REASON FOR COMMITTEE CONSIDERATION
This application is regarded as being contentious having attracted a large
number of representations.
PROCESSING INFORMATION
This is a minor application the processing of which has taken 14 weeks to date. The processing of
this application has gone beyond the prescribed 8 week period for determination
of planning applications because of the need for Committee consideration.
LOCATION AND SITE
CHARACTERISTICS
Proposal is sited on Totland Promenade north west of Madeira Road. The
area in general is a concrete promenade providing vehicular and pedestrian
access to dwellings, business premises and parking facilities. North of the
proposal is an existing beach café and to the south is a public convenience.
Proposal is intended to sit within a parking bay area and will occupy three car
parking spaces. Totland beach is west of the promenade at a slightly lower
level and is divided by a simple design black iron railing. Proposal is outside
the development envelope and is located within an Area of Outstanding Natural
Beauty.
RELEVANT HISTORY
TCP/25943 – Siting of mobile catering unit/kiosk, land at The Promenade,
Totland Bay – Withdrawn in order to facilitate further discussions in
respect of proposal.
DETAILS OF APPLICATION
Consent is sought to site a mobile catering unit measuring 6 metres in
length by 2.5 metres in width. Kiosk is a traditional catering trailer style
and includes the addition of showman style opening with recessed customer shelf
and one additional end hatch. It is the applicant’s wish to site this catering
unit on a temporary basis from 1 April to 31 October in each year.
DEVELOPMENT PLAN/POLICY
Relevant policies of the plan are considered to be as follows:
S4 – The Countryside
will be Protected from Inappropriate Development
S6 – All Development
will be Expected to be of a High Standard of Design
G4 – General Locational
Criteria for Development
G5 - Development
Outside Defined Settlements
C1 – Protection of
Landscape Character
C2 – Areas of
Outstanding Natural Beauty
P1 – Pollution and
Development
TR7 – Highway
Considerations for New Development
CONSULTEE RESPONSES
Highway Engineer initially made no comment but subsequently advised that
they had been contacted by the Local Member (Councillor Howe) expressing
concern that children queuing at the kiosk would be in danger from vehicles
negotiating the sharp left turn manoeuvre at the bottom of the slope, to drive
in a southerly direction along The Promenade. They commented that even though
the kiosk would not protrude out into the traffic flow as much as the cars
often parked there, there is a possibility that a carelessly driven vehicle
could potentially collide with an unsupervised child and for this reason it may
be proven to reconsider the kiosk’s location.
Subsequent to the meeting held 11 May 2004 the Highways Engineers have revisited
the site and are of the opinion that, although there are numerous other
locations in which the kiosk could be sited where it would be further away from
manoeuvring vehicles, they do not feel that there are sustainable grounds for
recommending refusal to this application, as it stands. Consequently Highways recommend that a
minimum of four panels of portable Crowd Control Barriers could be placed in a
line approximately 2 metres away from the kiosk which would prevent
unsupervised children from straying into the path of vehicles and could be
moved when necessary if they obstruct the path of any large service delivery
vehicle.
Environmental Health commented that the proposal was small enough and far
enough away from residential uses and will not result in loss of amenity from
noise or odour.
AONB has no adverse comments.
Totland Parish Council object on the following grounds:
·
The siting of the kiosk
presents an obstruction to vehicles turning in an already confined area;
·
The proposed kiosk
obstructs three parking places and will lead to further congestion;
·
There are potential waste
disposal and hygiene problems;
·
Proposal is out of keeping
with the character and plans for improvement of the area.
15 letters of objection were received (12 were duplicate letters) and
petition containing 489 signatures from local residents and visitors to the Island,
in some cases 2 letters/signatures have been received from the same household,
objecting to application on grounds which can be summarised as follows:
·
Siting of proposed kiosk
would present a severe obstruction to vehicles turning;
·
Siting of kiosk would add
to an existing parking problem in the summer months;
·
Proposal is out of keeping
with the character of the area;
·
Concerns over the disposal
of rubbish;
·
Emergency vehicle access
would be severely obstructed.
CRIME AND DISORDER
IMPLICATIONS
No crime and disorder
implications are anticipated.
EVALUATION
Determining factors in considering application are whether proposal is
acceptable in principle, whether the kiosk is of appropriate size, scale and
design, in keeping with the surrounding area, particularly having regard to
location of site within the designated Area of Outstanding Natural Beauty and
whether its siting as proposed would create a hazard to users of The Promenade.
Although site is outside the development boundary, proposal falls within
category of development which may exceptionally be permitted outside defined
settlements and is therefore considered to be acceptable in principle.
Siting of the kiosk on Totland Promenade will be temporary starting 1 April
and ending 31 October in any rolling year. Agent has confirmed that it is the
applicant intends to use the kiosk for sale of confectionary, ice cream and
drinks. Concerns were raised on potential noise pollution by installing a
generator and whilst this is an Environmental Health issue agent has advised
that it is their intention to connect the kiosk to a main power system,
eliminating any noise.
Regarding the subject of highway safety implications, I am of the
opinion that due to the steepness of Madeira Road it will restrict drivers from
driving at excessive speed and the curvature of the road would also reduce
this. After liaising with the Highways department they accept that the kiosk
would not protrude out into the traffic flow, therefore proposal will not add
unduly add to the hazards of the highway users. An objection has been received
on grounds that kiosk could potentially cause an obstruction to emergency
vehicles. However, the Highways
Engineer does not share these concerns, as the mobile catering unit would cause
less obstruction on The Promenade than the four vehicles that are often parked
there.
Whilst the siting of the kiosk could result in the loss of three parking
spaces, given that the area is privately owned, I do not consider that this
could provide a justification to withhold consent. In any event, it is
considered that there are adequate parking facilities along The Promenade and
on the nearby public highway.
Concerns were raised that unsupervised children would be at risk from
vehicles using The Promenade at this point. However, with the facilities
already available along The Promenade I believe that the proposal would not add
any greater risk. Proposal will incorporate a removable protection barrier to
persuade visitors of the kiosk to uniformly queue in front of the facility,
confining them to a certain area.
Further discussions have taken place with the
applicant regarding the location of the kiosk.
I am advised that the proposed location of the kiosk was chosen due to
availability of an existing electricity and water supply. Further response from the Highways
Department confirms that they raise no objection to the kiosk’s proposed
location and to maximize the safety of unsupervised children request a
condition is imposed to site Crowd Control Barriers in front of the kiosk.
Any potential hygiene problems will be addressed by the Environmental
Health department should the need arise and after consulting with the
department, they raise no objection to the proposal. With regard to issue of
disposal of waste water, specification of the catering unit includes an
internal water plant which will need to be removed and manually disposed of
into a drain. I am of the opinion
catering equipment required would be minimal and would not cause an excessive
amount of waste water. Matters relating to disposal of litter and commercial
waste can be addressed by conditions, should Members be minded to approve this
application.
The design of the proposed kiosk is of typical design and although it
has been suggested that this would be out of character with the predominant
development in the area, it is of a style sympathetic in nature to the seaside
location. No adverse comments have been received from AONB Officer and I am
satisfied that proposal will not have detrimental effect on the landscape
character of the area.
Members requested further discussions took place
regarding the design of the kiosk and on reviewing different styles I am of the
opinion that they are all similar in construction and general appearance and
are what would be expected in a seaside location.
HUMAN RIGHTS
In coming to this recommendation to grant planning permission,
consideration has been given to the rights set out in Article 8 (Right to
Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of
Possessions) of the European Convention on Human Rights. The impacts this
development might have on the owners/occupiers of the other property in the
area and other third parties have been carefully considered. Whilst there may
be some interference with the rights of these people this has to be balanced
with the right of the applicant to develop the land in the manner proposed.
Insofar as there is an interference with the rights of others it is considered necessary
for the protection of the rights and freedom of the applicant. It is also
considered that such action is proportional to the legitimate aim of the Isle
of Wight Unitary Development Plan and in the public interest.
JUSTIFICATION FOR
RECOMMENDATION
Having given due regard and appropriate weight to all material
considerations referred to in this report, I am satisfied that the proposal
would not have excessive or unacceptable impact on the environment or
neighbouring properties and would not detract from the visual amenities and
character of the locality. Furthermore, I do not consider that refusal of
application on grounds that kiosk would create highway hazard would be
justified. In view of the above the proposal
is considered to satisfy policies of the Isle of Wight Unitary Development
Plan, particularly S4, S6, G4, C1, C2, P1, TR7.
RECOMMENDATION - APPROVAL
Conditions/Reasons:
|
1 |
Time limit - full -
A10 |
|
2 |
This permission authorises the siting of the mobile catering unit/kiosk
only during the period form 1 April to the 31 October in each year unless
otherwise agreed in writing with the Local Planning Authority. Reason: The use of the site for
permanent stationing of the kiosk is not acceptable and in the interests of
general amenity and to comply with Policy D1 (Standards of Design) of the
Isle of Wight Unitary Development Plan. |
|
3 |
Colour treatment to be
agreed - S22 |
|
4 |
The kiosk hereby approved shall be used for the sale of confectionery,
ice cream and refreshments and for no
other purpose, including any other purpose in Class A3 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 with or without modification. Reason: In the interests of the
amenities of the area in general and nearby residential occupiers and to
comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary
Development Plan. |
|
5 |
The kiosk hereby permitted shall not open to customers other than
between the hours of 0830 and 1900 hours daily. Reason: In the interests of the
amenities of the area and the occupiers of nearby properties and to comply with
Policy D1 (Standards of Design) of the Isle of Wight Unitary Development
Plan. |
|
6 |
A refuse receptacle shall be provided outside the premises to the
satisfaction of the Local Planning Authority and retained there during
opening hours. Reason: In the interests of the
amenities of the area and the occupiers of nearby properties and to comply
with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development
Plan. |
|
7 |
The development hereby permitted shall not be commenced until a
specification of the provision to be made for the storage and disposal of
refuse following the commencement of the use hereby permitted has been
submitted to and approved in writing by the Local Planning Authority. The
development hereby permitted shall not be brought into use until the
implementation of such provision for refuse has been completed in full
accordance with such an approved specification and such provision shall be
maintained thereafter. Reason: To safeguard the amenities of the locality and to comply with
Policy D1 (Standards of Design) of the IW Unitary Development Plan. |
|
8 |
Prior to the use hereby approved commences a minimum
of 9 metres of Crown Control Barriers shall be located alongside the kiosk
during trading hours only, details and siting of which are to be submitted to
and approved in writing by the Local Planning Authority prior to the kiosk
being positioned on site and thereafter retained and maintained in accordance
with the agreed details while the kiosk is open to the public. 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. |
Head of Planning Services
|
TCP/25508 – P/00628/03 |
Use of land for motocross, upgrading of track and facilities, land opposite Gore Cemetery |
In light of the Consent Order to quash the temporary planning permission which was due to expire on 30 June 2004 Members are asked to reaffirm their decision that one additional major event should be allowed to take place on site in September 2004.
A short term conditional temporary planning permission was granted in August 2003 to use the land for motocross purposes.
This decision was the subject of a challenge by judicial review by solicitors acting on behalf of the former owners of Arreton Manor. The matter was due to be heard on High Court on 8/9 July 2004.
However, having taken advice from Counsel, both parties, the claimants and the defendant (IWC), have signed a Consent Order which in simple terms means that the aforementioned temporary permission will be quashed. Planning Solicitor has advised that since both parties are in agreement the Court is unlikely to raise any objection and the hearing will be cancelled.
It would seem that the Consent Order is unlikely to have any direct effect on the applicant as the permission was due to expire at the end of the month.
The local Members and Members of this Committee were briefed on the latest situation after site visits on 11 June 2004 and should by now have received a copy of a letter that the Development Control Manager has sent to the local promoter of the recent round of the World Championships on the site.
This Committee, believing that they were dealing with an extant
planning permission, agreed several months ago to an additional event taking
place in September 2004 following the expiry of the planning permission. Since we are no longer dealing with an
extant permission, Members are asked to reaffirm that decision at this
meeting. Effectively this means that we
have agreed prior to the event taking place to take no enforcement action
despite the fact that the use has no valid consent. Of course, this would be on the understanding that the land will
only be used on this one occasion between now and the date of the event.
FINANCIAL IMPLICATIONS
There are no direct financial implications for the Council.
OPTIONS
Members have previously agreed to the holding of a single event outside the period of the temporary planning permission. The likely quashing of the temporary planning permission, which was due to expire in just over a week, does not appear to make any significant difference to the situation.
However, the use of this land, even on a very limited basis, has proved to be a locally contentious issue and I think that the change of circumstances warrants a new resolution from this Committee to support the holding of the event in three months time with the advantage that there is an audit trail to show that this particular issue was considered both before and after the signing of the Consent Order to quash the temporary planning permission.
On this basis I am recommending Option 1.
RECOMMENDATION
Head of Planning Services