PAPER B2

SCHEDULE OF APPEALS

1.	NEW APPEALS LODGED
	E/25894	Mr M & Mrs F Lewis against Enforcement Notice relating to the construction of a wooden building at OS Parcel 5445, Windgate Copse, Clamerkin, Porchfield Road, Newtown
	TCP/25473/A	Mr M Sheasby against refusal for two storey extension to provide additional living accommodation and two storey extension to form terraced house at 4 Westhill Cottages, Westhill Road, Shanklin
	TCP/6095/S	Mr J Barker against refusal for the formation of a vehicular access and hardstanding at Cornerstone, St. Boniface Road, Ventnor
	TCP/22975/F	Newport Meeting Room Trust against refusal for retention of lighting columns at Buckbury Lane, Staplers, Newport
	E/22975/C	Newport Meeting Room Trust against Enforcement Notice relating to the retention of lighting columns at Buckbury Lane, Staplers, Newport
	TCP/25771	Mr & Mrs J Bachelor against refusal for extension at first floor level, Melita, Western Road, Totland Bay
	TCP/23787/B	Mr J G Harrison against refusal for demolition of outbuilding and conversion of barn to form two holiday units at Heath Farm, Staplers Road, Newport

2.	HEARING/INQUIRY DATES
	E/24024/C		Mr J H Hobson against Enforcement Notice relating to shipping containers at Helens Copse, Gate Lane, Freshwater. Hearing to take place on 18 May 2004.
3.	REPORT ON APPEAL DECISIONS
	(a)	TCP/12220/P		Mr N Greenhalgh against refusal of outline for a detached bungalow on land at The Old Observatory, Stenbury View, Wroxall
	Officer Recommendation:			Refusal
	Committee Decision:			Refusal (Part 1) – 3 November 2003

Appeal Decision:		Dismissed – 23 February 2004
Main issue of the case as identified by the Inspector:
· The effect on the character and appearance of the Stenbury View estate and on the AONB.
Conclusions of the Inspector:
· The site occupies part of a small area of amenity space which currently acts as a focal point and adds significantly to the pleasant character of the estate.
· The open area formerly contained a small observatory designed to be viewed from all sides without any form of enclosure.
· Development of this site even with a modest sized bungalow would require the creation of some form of screened private garden.
· A building and curtilage would look incongruous and misplaced.
· The integrity and coherence of the green with its simple shape would be sacrificed and the change would result in significant detriment to the character and appearance of the estate.
· The site is in the AONB but is surrounded by a modern housing estate and the development would not have any significant impact on the wider impact of the AONB.
· Nevertheless there would be significant detriment to the character and appearance of the estate and the development would be contrary to G4, H5 and D1.
(b)	TCP/6218/E	A & I Roofing against refusal of outline for a house and garage with vehicular access at land between West View and Swans Nest, Winford Road, Newchurch
Officer Recommendation:		Refusal
Committee Decision:		Refusal (Part 1) - 20 May 2003
Appeal Decision:		Dismissed – 23 February 2004
Main issue of the case as identified by the Inspector:
· The effect of the proposed access on highway safety.
Conclusions of the Inspector:
· The few dwellings along this part of the road are widely separated and do not form either a built up frontage or a group.
· The site cannot be regarded as infilling.
· The development of this site would be harmful to the character and appearance of the countryside because it would consolidate the existing scatter of development.
· Visibility is sub-standard in both directions.
· Whilst the development would improve the visibility for the neighbouring house, this is not justification for a new dwelling with a sub-standard access.
· The development would be contrary to G1, G4 and TR7.

(c)	TCP/19690/E	Mr & Mrs A Walker against refusal of outline for 4 dwellings with access off West Street on land adjacent Gembrook, Grove Road, Wroxall
Officer Recommendation:		Refusal
Committee Decision:		Refusal (Part 1) – 20 August 2003
Appeal Decision:		Dismissed – 25 February 2004
Main issues of the case as identified by the Inspector:
· The effect of the proposed development on highway safety.
· The effect of the proposed development on trees.
Conclusions of the Inspector:
· The traffic generated by four additional dwellings and the existing dwelling would not be at a level that would make a material difference to the conditions of road users.
· The visibility from the proposed junction is far below the nationally recognised standard, particularly to the south-west.
· The proposed access arrangement is still potentially hazardous and therefore unacceptable.
· The proposal would be in harmful conflict of TR7.
· However regrettable the loss of the original trees, the proposed replacement on Plot 3 and the existing replacement on Plot 4 should not be allowed to prevent the development or unduly influence the overall layout.
· The principle of development in this location is accepted by the Council and the best way forward would be to implement a landscaping scheme that would enhance the residential environment whilst allowing for efficient use of the land in line with PPG3.
· A condition for the adjustment of the siting of the dwelling in Plot 1 could be imposed to ensure the preserved oak tree is not harmed.
· There is no conflict with C12.
· Although finding in favour of the Appellant in respect of the effect on the trees, this does not override the harm that would be caused in terms of the effect on highway safety.

Copies of the full decision letters relating to the above appeals have been placed in the Members Room. Further copies may be obtained from Mrs J Kendall (extension 3572) at the Directorate of Environment Services.