Development Control Minutes

35. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 11 July 2003 be confirmed.

36. DECLARATIONS OF INTEREST

Interests were declared in the following matters:

Mrs M J Miller, Chairman of Development Control Committee declared a personal interest in minute 39 (a) (i) 2 – Land adjacent St Andrews Street Community Hall, St Andrews Street, Cowes – as the applicant was known to her and remained present.

Mrs T M Butchers declared a personal interest in minute 39 (a) (i) 5 – Land at Lee Farm, Main Road, Wellow, Yarmouth – as the applicant and objector were known to her and remained present.

Mr J F Howe declared a personal interest in minute 39 (a) (i) 5 – Land at Lee Farm, Main Road, Wellow, Yarmouth – as the applicant was known to him and remained present.

Mr D J Knowles declared a personal interest in minute 39 (a) (i) 8 – Land between Grasmere Avenue and Thornton Close, Appley Road, Ryde – and remained present.

Mr I R Stephens declared a personal interest in minute 39 (a) (i) 8 - Land between Grasmere Avenue and Thornton Close, Appley Road, Ryde – as Chairman for Social Services, Housing and Benefits select committee and remained present.

37. 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 - 11 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/01615/M

Details:

Demolition of warehouse and dwelling; construction of 9 dwellings 1 Milligan Road, Ryde, Isle Of Wight

Public Participants:

Mrs Sandra Price (Objector)

Additional Representations:

Highways commented – No parking required

Planning Officers added additional conditions

Comment:

Members commented that they were unhappy with the height of the application, lack of parking and lack of open space.

Decision:

Application deferred to improve design, particularly the scale and mass of the building in the three storey element and to move the building back in line with the building line and take into consideration the scale of the adjoining properties. Case Officer to explore on site parking provision with the applicant and also the requirement for open space provision. This is policy L10. It was clear from the debate that if the application is going to go forward for approval then it will have to go back to Committee. If negotiations are unsuccessful then the application can be determined under the delegated powers.

Conditions:

(item 1)

Application:

TCP/08808/E

Details:

Continued siting of double decker bus to be used as a play bus & coffee bar Land adjacent St Andrews Street Community Hall, St. Andrews Street, Cowes, Isle of Wight

Public Participants:

Mr Alan Wells (Applicant)

Additional Representations:

None

Comment:

None

Decision:

Conditional planning permission, subject to the conditions set out in the Part II Register

Conditions:

Condition 1 to be amended to read as follows:

1. Insert a comma after discontinued and add the words “the bus

removed from the site” afterwards and then change the reason for the condition to: “To allow a further trial period because of conflicting evidence as to the acceptability of the use.”

As per report (item 2)

Application:

TCP/16040/G

Details:

Retention of stream culvert

New cottage on land between 16 and 20, Church Road, Shanklin, Isle of Wight

Public Participants:

Mr Richard Mazillius (Agent)

Additional Representations:

None

Comment:

None

Decision:

Contrary to Officers recommendation, application was approved by Members, Enforcement investigation therefore stopped.

Conditions:

(item 3)

Application:

TCP/16931/E

Details:

Alterations to vehicular access (revised scheme)

Cherry House, Binstead Road, Ryde, Isle Of Wight

Public Participants:

Mrs Denise Yendley (Applicant)

Additional Representations:

None

Comment:

None

Decision:

Deferred for a Site Inspection by the Development Control Committee. Highway Officer to attend

Conditions:

(item 4)

Application:

TCP/17741/B

Details:

Erection of stable block; conversion of farm buildings into stables & workshops; formation of access track; construction of sand school; outline for 3 holiday lodges & swimming pool (revised application area & relocation of swimming pool) (readvertised application)

Land at Lee Farm, Main Road, Wellow, Yarmouth

Public Participants:

Mr David Langford (Objector)

Mr Steve Cowley (Applicant)

Additional Representations:

A letter from the applicant to all members was read out and further comments were received from Planning Officer

Comment:

None

Decision:

Deferred to allow further negotiations regarding resiting of the single holiday lodge from the area south of Lee Farm to adjoin the other two and the swimming pool south of the main farm buildings. Additional condition required to ensure ownership of holiday lodges remains with Lee Farm.

Conditions:

(item 5)

Application:

TCP/19499/G

Details:

Alterations & single/2 storey extension to provide additional sales area on ground floor with 8 self-contained apartments over on 1st & 2nd floors (revised scheme)

5 Lugley Street, Newport, Isle Of Wight

Public Participants:

Miss Fiona Ensor (Objector)

Ms Harriet Phillips (Objector)

Mr Graham Cooke (Agent)

Additional Representations:

Two further letters of representation received:

One from the owner of a property in Lugley Street

One from a resident of Lugley Street.

Further information received from the applicant.

Comment:

None

Decision:

Deferred for a Site Inspection by the Development Control Committee.

Conditions:

(item 6)

Application:

TCP/24977/A

Details:

Outline for 36 bed nursing home, (revised scheme), (readvertised application)

Land between Grasmere Avenue and Thornton Close, Appley Road, Ryde, Isle of Wight

Public Participants:

Mr Dennis C Russell (Objector)

Mr John Whithead (Objector)

Ms Sally Frame (Applicant)

Additional Representations:

Letter received from the CPRE

Comment:

None

Decision:

Refusal of planning permission, for the reasons set out in the Part II Register

Conditions:

As per report (item 8)

Application:

TCP/24989/B

Details:

Retention of front boundary wall

26 Horestone Rise, Seaview, Isle Of Wight

Public Participants:

Mr Peter Tuson (Supporter)

Additional Representations:

Letter received by Planning Officer read out

Comment:

None

Decision:

Contrary to Officers recommendation, Members approved application, Enforcement action to cease, planning permission to be issued unconditionally.

Conditions:

As per report (item 9)

Application:

TCP/25200/A

Details:

Use of part of dwelling to provide childcare facilities

Valletta, Heathfield Road, Bembridge, Isle Of Wight

Public Participants:

Mrs Gayle Tolfrey (Applicant)

Additional Representations:

None

Comment:

Recommendation changed to approval at the last minute following change of advice from Highways at the Planning Committee.

Decision:

Contrary to Officer recommendation, conditional planning permission subject to conditions set out in Part II Register.

Conditions:

In permitting grant is subject to a two-year temporary permission.

Application:

TCP/21969/B

Details:

Retention of holiday chalet known as 'Seagull Cottage'

West End Cottage, Steephill Cove, Ventnor

Public Participants:

None

Additional Representations:

None

Comment:

None

Decision:

Conditional planning permission, subject to the conditions set out in the Part II Register.

Conditions:

Condition 2 to be amended to read as follows:

2. Deletion of the words “the parent dwelling” and replacement by the words “the property”

As per report (item 7)

Application:

TCP/25339/B

Details:

Retention of hardstanding

Cliff Cottage, Seven Sisters Road, Ventnor, Isle Of Wight

Public Participants:

None

Additional Representations:

None

Comment:

None

Decision:

Conditional planning permission, subject to the conditions set out in the Part II Register

Conditions:

Condition 1 be amended to read as follows:

1. By the deletion of the brackets at the end and substituting for

the word “so” the words “in such a way that”.

As per report (item 11)

a. Part IV - Items Other Than Current Issues

(i) E/11492/S – Unauthorised change of use of garage from mixed use of petrol sales and car repairs, with car sales being ancillary to predominantly used car sales and car repairs, removal of front boundary wall allowing crossing of the footpath vehicles, Cheep ‘n’ Cheerful Car Sales, York Avenue, East Cowes

(Mr G Hepburn declared a personal interest in this item )

Members gave consideration as to whether the circumstances justified the service of an enforcement notice, which required the cessation of the current level of car sales and/or the reinstatement of the front boundary wall of the site.

RESOLVED :

THAT recommendation to under-enforce by serving an Enforcement Notice which would accept the current level of car sales but specify that:

1. The front boundary wall must be reinstated with no part of any boundary wall or fence being raised in height to more than one metre above the level of the carriageway, and the feature then retained hereafter.

2. A turning space shall be provided within the site to enable vehicles to enter and leave the site in a forward gear in accordance with details to be agreed in writing with the Local Planning Authority. This space together with the access into the site shall hereafter be kept clear and retained for use as a turning facility and access only.

3. Space shall be provided within the site for the parking of 5 vehicles with the nominated area identified on a plan to be submitted to and agreed with the Local Planning Authority. The spaces shall then be kept free and retained for the parking of customer vehicles only.

Time for compliance twenty-eight days after Notice takes effect.

(ii) TCP/17575E – Unauthorised alterations and new building works at Sol Training Operation at Bouldnor Forest, Isle of Wight.

Members gave consideration on the recent developments on this site following refusal of planning permission in June 2002 how the Local Planning Authority should respond to the single remaining outstand breach of planning control.

RESOLVED :

1. THAT be noted the recent issuing of a Certificate of Existing Lawful Use or Development with regards to the use of the land and original buildings as an outdoor activity training centre and to accept that no enforcement action can now be taken with regard to this activity.

2. Be noted the changed circumstances with the issuing of the Lawful Development Certificate and to note that this does fundamentally change the position from which the Local Planning Authority should view these unauthorised works and under those circumstances to invite without prejudice to the final decision a retrospective planning application to cover these outstanding matters. Applicant to be requested to submit application within next twenty-eight days. (Valid application to be received by 1 September 2003). Failure to submit within timescale to result in service of Enforcement Notice.

(iii) E/25477 – Use of dwelling house for the operation of a taxi service, 34 Mayfield Drive Newport, Isle of Wight

(Mr A C Coburn declared a personal interest in this item)

Members gave consideration as to whether circumstances justified the service of an Enforcement Notice requiring the current use to cease.

RESOLVED :

THAT an Enforcement Notice requiring the cessation of the taxi business currently being operated from the premises except that the radio operation can remain, providing it involves no staff travelling to the property.

Time period for compliance, three months after the Notice takes effect.

(iv) Interpretation of Planning Conditions relating to alterations/extensions to domestic properties.

Members gave consideration to the identification to a common response which the Local Planning Authority would adopt to queries regarding extensions or alterations to domestic properties where a standard condition was originally applied when the property was first approved, that is more restrictive than current permitted development rights would allow.

RESOLVED :

THAT be noted the contents of the report and accept the condition of the type referred to has outlived its usefulness and to determine and judge any enquiries or enforcement investigations with regards to householders exercising permitted development rights on the current legislation as expressed in the Town and Country Planning (General Permitted Development) Order 1995.

(b) Schedule of Appeals

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

RESOLVED :

THAT the report be noted.

CHAIRMAN