Title: TCP/555/G-P/01918/01 - 100 TWO, THREE, FOUR AND FIVE BEDROOM HOUSES WITH GARAGES/PARKING, ACCESS OFF OLD ROAD, FORMATION OF ESTATE ROADS, LANDSCAPING/OPEN SPACE (REVISED LAYOUT) (READVERTISED APPLICATION) FORMER WESTLAND SPORTS GROUND, OLD ROAD, EAST COWES

To determine the above mentioned application in light of the applicant’s response to further suggested negotiations on the submitted scheme.

Members will recall that this application was initially considered at the meeting held on 18 February 2002 where it was decided to defer consideration in order to obtain additional information and carry out further negotiations in respect of surface water drainage, impact of development on local infrastructure and open space provision.

The application was reported again to the meeting held on 2 April 2002. The report dealt with the points raised by Members at the aforementioned meeting on a comprehensive basis following amendments to the scheme made by the applicant maintaining the recommendation for conditional approval subject to the applicant entering into a Section 106 Agreement with the Council. Members again deferred consideration to enable further negotiations to take place in respect of open space provision within the proposed layout. This was recorded in the formal minute.

On 4 April 2002, the Development Control Manager wrote to the applicant explaining the position in the following terms:

“Members concluded that when taking into account the overall scale and size of the proposed development, that the provision of communal open space/play space is, in their opinion, inadequate. They have instructed me, as Development Control Manager, to negotiate with you to achieve further amendments to the layout which will incorporate either an increase in the overall size in the area of open space already provided and/or an additional area of open space within another part of the layout. The latter may, of course, involve further amendments to the detailed layout if you still wish to achieve the present proposed density of development.”

The Development Control Manager explained that the consensus view of the Members of the Committee is that all other aspects of the overall proposal have now been satisfied and that the matter of open space was the sole issue leading to the deferment of the application for consideration at a later date. He indicated that he would like the opportunity to report the matter to the next meeting on 23 April 2002.

Having discussed the matter on the telephone, the applicant responded prior to receiving the aforementioned letter. The letter is attached to this report for Members’ information but I would like to take this opportunity to highlight what I consider to be the relevant and pertinent observations for the purposes of determining the application. Members will note that the applicant has combined the two issues of open space provision and surface water drainage. Importantly, their view on the question of open space is unequivocal where they say:

“Firstly and most importantly, the UDP makes no provision for minimum public open space areas generated by housing developments and as such the comments of the Committee were personal wishes rather than substantive requirements.”

They point out that the proposed layout offers a substantially larger area of open space than the layout for the 79 units on the extant permission; this is despite the increase in overall density. The applicants have calculated that the “useable” open space has increased by some 71%.

“As requested by the Committee, (we) have obtained both EA and Southern Water’s written approval to the proposed method of drainage (and we have even received EA discharge to Consent Approval, DEFRA licence and Cowes Harbour Commission works licence). Both EA/Southern Water recognise 8 litres per second as being the “normal” run-off from a greenfield site of this nature and as such by piping this run-off and creating a dry “balancing area” for the 1:100 year event we are actually alleviating any re-existing problems the residents of Old Road may currently experience rather than adding to it.”

Their response concludes that they are not prepared to make further amendments to the scheme and itemise what they consider to be considerable advantages of this scheme over the extant permission. In a more recent communication, they indicate that they are prepared to allow this application to be determined at this meeting and consequently will delay lodging an appeal.

1. To grant conditional permission subject to the applicants entering into a Section 106 Agreement as per the recommendation set out in the reports of this Committee on 18 February and 2 April 2002.

These relatively brief observations will relate to the provision of open space on the site as this was the sole reason for deferring consideration at the last meeting. However, it is important to remind Members of a number of relevant factors.

• There is an extant permission for 79 dwellings on the site which was approved subject to a legal agreement, making provision for seven units of affordable housing “off-site” and a financial contribution towards traffic calming in Old Road.

• Current application seeks consent for a mixed residential scheme utilising the existing access point off Old Road.

• Site is allocated for residential development in the Unitary Development Plan and is subject to local policies in respect of design, housing, transport and infrastructure and is also subject to national policies within PPG1, PPG3 and PPG13.

• Application is subject to extensive representations from local Town Council, Isle of Wight Society, fifteen individual letters of objection from local residents and one letter received written on behalf of 24 households in Old Road.

The initial scheme indicated fragmented provision of open space in the form of four areas, two being either side of the access junction onto Old Road, with two other areas of open space within the site. The applicants were requested to reconsider the layout suggesting the provision of a larger comprehensive area of open space, possibly centrally located and overlooked from proposed units may be a better approach. It was considered that the area could conceivably also be used for general play purposes by children, as well as providing visual and public open space amenity for the overall development.

This suggestion provoked a revised scheme indicating one substantial area of open space within the site, in addition to the well-treed open space area fronting onto Old Road. The provision of a large single area of open space has resulted in amendments and adjustments to the layout which does not result in any change in density, with the proposal continuing to seek consent for 100 units.

The main area of open space has an area of 817 square metres and a secondary result of the negotiations on this issue was a without prejudice offer from the developers of a payment of up to £5,000 for upgrading play facilities off-site.

Members have expressed concern about this particular issue at both meetings when the application was previously under consideration. I believe this proposal to provide one large useable area of open space which can obviously be laid out in whatever form is considered to be appropriate, with particular reference to its use as a play area by children. The site is being developed at the lower end of the minimum density, ie. 32 units per hectare, with the result that garden sizes are, in most cases relatively generous, providing sufficient room for groups of friends to carry out play activity under the direct supervision of occupiers of the individual units.

Given this assessment, I remain of the view that the open space provision illustrated in the revised plans considered at the last meeting and before this Committee at this meeting, are entirely satisfactory and provide the development with good quality useable space.

RECOMMENDATION

1. To grant conditional permission subject to the applicants entering into a Section 106 Agreement as per the recommendation set out in the reports to this Committee on 18 February and 2 April 2002.

The recommendation for approval is subject to a Section 106 Agreement in respect of a financial contribution of an agreed sum towards future maintenance of open space areas on-site and a financial contribution of £5,000 towards upgrading existing play areas off-site.

The conditions are attached to this report. There is a further recommendation requiring a letter to be sent to the applicants advising them to give consideration to the possibility of slow worms being present along the perimeter of the site and further advising that any specimens collected should be removed to a suitable site nearby in consultation with the Council’s Ecology Officer and/or English Nature.

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