Development Control Minutes

MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 23 APRIL 2002 COMMENCING AT 6.00 PM

Mrs M J Miller (Chairman), Mr B E Abraham, Mr C B W Chapman, Mr A C Coburn, Mr J H Fleming, Mr E Fox, Mr J F Howe, Mrs M A Jarman, Mr D J Knowles, Mr C H Lillywhite, Mr V J Morey, Mr A A Taylor, Mr D G Williams (deputising for Mr A J Mellor), Mr D T Yates

Mr J R Adams, Mr C R Hancock, Miss H L Humby, Mrs B Lawson, Mrs M J Lloyd, Mr R G Mazillius, Mr G P Price

Mrs M A Jarman declared a personal interest in Minute 4 (a) - Advertisement signs in connection with the Isle of Wight Festival - as Portfolio Holder for Wight Leisure, and remained present.

Mr J H Fleming declared a personal interest in Minute 4 (a) - Advertisement signs in connection with the Isle of Wight Festival - Chairman of Economic Development, Planning, Tourism and Leisure Select Committee, and remained present.

Mr J and Mrs M Curtis, Afton Thatch, The Causeway, Freshwater, Isle of Wight in relation to Tideways Cottage, The Causeway, Freshwater, Isle of Wight (PQ31/02).

Mrs S Burgess, Bryer House, 76 Howgate Road, Bembridge, Isle of Wight in relation to 74 Howgate Road, Bembridge, Isle of Wight (PQ32/02).

Mrs P E Greenwood, Woodside, 28 New Barn Road, East Cowes, Isle of Wight in relation to Former Westland Sports Ground, Old Road, East Cowes (PQ33/02).

Mr P E Palmer, 153 Old Road, East Cowes, Isle of Wight in relation to Former Westland Sports Ground, Old Road, East Cowes (PQ34/02).

Mr and Mrs J H Tulley, 94 Old Road, East Cowes, Isle of Wight in relation to Former Westland Sports Ground, Old Road, East Cowes (PQ35/02).

Mr K B and Mrs A Buxton, The Red House, 155 Old Road, East Cowes, Isle of Wight in relation to Former Westland Sports Ground, Old Road, East Cowes (PQ36/02).

Mr M J McSorley of 123 Old Road, East Cowes, Isle of Wight in relation to Former Westland Sports Ground, Old Road, East Cowes (PQ37/02).

Copies of the questions and replies given are contained in the Public Questions Register.

The Chairman agreed to two items of urgent business as a decision was required prior to the next meeting.

The Committee were advised that an approach had been made by Wight Leisure with a request for permission to display up to forty signs in each town across the Island advertising the Isle of Wight Festival. The signs would be displayed for a period of time prior to the event and would be removed no later than two days after the end of the event.

Members were reminded of a recent report and discussions in connection with unauthorised flyposting. The Development Control manager outlined the implications of this and advised the Committee that any signs to be displayed would require formal advertisement consent from the Local Planning Authority. The Committee discussed various aspects and believed that officers should go back to Wight Leisure for further negotiations with the outcome to be reported to a future of the Committee.

THAT officers meet with Wight Leisure to negotiate on size and placement of signs.

(b) TCP/12794K - Public House/Restaurant with Outdoor Play Area, Travel Inn with Parking Area, Alterations to Road Junction/Vehicular Access Including improvements/Extension of Access to Seaclose Quay, Additional Parking Area Within Seaclose Park at Newport Quay/Fairlee Road, Newport, Isle of Wight

Members gave consideration as to whether there was a breach of the relevant planning condition imposed when the barrier, prohibiting vehicular access along the Quay on market days, was removed.

It was suggested that the bollards could be temporary relocated to a position at the northern end of the Quay, this would still enable coaches to use the parking area, but stop any potential through route.

(i) THAT the Development Control Committee indicates it is willing that the temporary removal of the bollards in association with the Newport Market does not breach the spirit of the planning condition providing a barrier preventing through traffic is installed at the northern end of the Quay and that any such barrier must be in place every Tuesday hereafter.

(a) To consider any items deferred from the last meeting of the Committee and Site Inspection meeting

TCP/555/G - 100 Two, Three, Four and Five Bedroom Houses with Garage/Parking, Access off Old Road. Formation of Estate Roads, Landscaping/Open Space (Revised Layout) (Readvertised Application) former Westland Sports Ground, Old Road, East Cowes

Members were reminded that the application had considered by the Committee on 18 February 2002, at that meeting it was decided to defer consideration for further information in respect of surface water drainage, impact on the local infrastructure and the provision of open space. The application was again considered by the Committee on 2 April 2002 where it was deferred to enable further negotiations to take place in respect of open space provision.

The Development Control Manager wrote to the applicant on the 4 April 2002, their response was that they were not prepared to make any further amendments to the scheme.

THAT conditional permission be granted subject to the applicants entering into a Section 106 Agreement as per the recommendation set out in the reports to the Development Control Committee on the 18 February and 2 April 2002.

(b) TCP/13520/L - Outline for Residential Development and Office Accommodation land at St Cross Business Park, south of Lower St Cross Farm and east of Dodnor lane, Newport

Consideration was given to items 1 - 17 of the report of the Strategic Director of Corporate and Environment Services.

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/05327/H
Details:	Little Mousehill Farm, Littletown Lane, Wootton Bridge, Ryde, Isle of Wight, PO33 4RS Retention of covered yard providing storage area for tractors, agricultural machinery and livestock, (building A); continued use of building as workshop, storage area, stable and tack room (building B); hardstanding area, sand school and resurfaced access track (Revised plans).
Additional Representations:
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 1)

Application:	TCP/20941/A
Details:	95 Avenue Road, Sandown, Isle Of Wight, PO36 8DZ Change of use from staff accommodation for the Ocean Hotel to a house in multiple occupation.
Additional Representations:	A letter was received from the applicant.
Decision:	Deferred for a site inspection.
Conditions	As per report (Item 2)

Application:	TCP/22140/A
Details:	Land between Marymead and St Radegund, Quarr Road, Ryde, Isle of Wight. Renewal: Building to provide residential accommodation for Quarr Abbey comprising 4 bedsits with utility room.
Additional Representations:
Decision:	Contrary to officer’s recommendation, conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions:	As per the previous application. (Item 3)

Application:	TCP/22806/B
Details:	Former Tropical Bird Park, Old Park Road, Ventnor, Isle of Wight, PO38 1XR Restoration/rebuilding of former Orchid House to provide a dwelling; alterations/extensions to bungalow; partial demolition of former shop/reception building and conversion of remainder to form studios/offices; erection of dwelling and restoration of grounds, lake and walled gardens.
Additional Representations:	The Council’s Senior Solicitor asks for a Section 106 Agreement.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register. Section 106 Agreement to ensure that the restoration of the landscape gardens be completed appropriately in connection with any development.
Conditions	As per report (Item 4)

Application:	TCP/24584
Details:	Rear of 5 to 13 Blackthorn Close adj proposed surface water attenuation pond off, Nicholson Road, Ryde, Isle of Wight. Construction of single storey building to form pre-school/nursery with associated external play areas, parking and vehicular access .
Additional Representations:	Comments from the Environment Health Officer
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 5) Condition 2 be amended to read : ‘between the hours of 0830 to 1830'.

Application:	TCP/24609
Details:	Section of coach park adjoining L A Bowl, Esplanade, Ryde, Isle of Wight. Construction of skate park including perimeter fencing and ramps of various sizes, (revised siting), (readvertised application) (Revised plans).
Additional Representations:	The Crime Prevention Officer raised no objection. A letter from Property Services. Six letters of objection. Thirty eight letters of concern regarding location. Particularly the public slip.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register. (Subject to no adverse comments being received by 26 April 2002 that would warrant reconsideration of proposal).
Conditions	As per report (Item 6)

Application:	TCP/02704/B
Details:	Land rear of 187, Staplers Road, Newport, Isle of Wight. Outline for dwelling and garage with access off public footpath/access to New Fairlee Farm (Revised plans).
Additional Representations:
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 7)

Application:	TCP/09491/H
Details:	52 Venner Avenue, Cowes, Isle Of Wight, PO31 8AG Retention of detached house and pond; outline for 9 houses with access off Venner Avenue and landscaping (Revised plans).
Additional Representations:	A letter signed by two residents
Decision:	Deferred for a site inspection.
Conditions	As per report (Item 8)

Application:	TCP/11758/A
Details:	Land between 40 and 44, Coronation Avenue, Cowes, Isle of Wight. Outline for a pair of semi-detached houses (Revised plans).
Additional Representations:
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 9)

Application:	TCP/12301/B
Details:	J Rowland Glazing Contractor, Unit 4, Laundry Lane, Newport, Isle Of Wight, PO30 1QL Outline for residential development (Revised plans).
Additional Representations:
Decision:	Deferred at the request of the applicant.
Reasons:	As per report (Item 10)

Application:	TCPL/12605/F
Details:	37 Lower Church Road, Cowes, Isle Of Wight, PO31 8JG Alterations and single storey extension to form kitchen, utility room, bathroom, living room and dining area; formation of vehicular access (Revised plans).
Additional Representations:	Objection from Gurnard Parish Council.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 11)

Application:	LBC/12605/G
Details:	37 Lower Church Road, Cowes, Isle Of Wight, PO31 8JG LBC for demolition of single storey extension; alterations and single storey extension to form kitchen, utility room, bathroom, living room and dining area and formation of vehicular access (Revised plans).
Additional Representations:	Objection from Gurnard Parish Council.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 12)

Application:	TCP/13571/C
Details:	Access between 2b and 4 and land rear of 6 to 10, Landguard Manor Road, Shanklin, Isle of Wight. Outline for 5 detached houses.
Additional Representations:
Decision:	Deferred for a site inspection.
Conditions	As per report (Item 13)

Application:	TCP/14537/D
Details:	Part OS Parcel 4261, off, Newnham Road, Ryde, Isle of Wight. Stable block comprising 8 stables, 2 store rooms and 2 tack rooms (revised siting), with access off public footpath system (readvertised application) (Revised plans).
Additional Representations:	A letter from the applicant’s solicitor.
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register.
Reasons:	As per report (Item 14)

Application:	TCP/24474
Details:	45 Moor View, Godshill, Ventnor, Isle Of Wight, PO38 3LL Proposed semi-detached house with double garage; vehicular access.
Additional Representations:
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 15)

Application:	TCP/24622
Details:	74 Howgate Road, Bembridge, Isle Of Wight, PO35 5QP Retention of shed/workshop.
Additional Representations:
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 16)

Application:	(Although not a member of the Committee, Miss H L Humby declared a personal interest in this item as a member of the Board of Visitors) TCP/21675/D
Details:	H M Prison Albany, 55 Parkhurst Road, Newport, Isle of Wight, PO30 5RS. Construction of additional prisoner living accommodation (Circular 18/84 - special urgency provisions).
Additional Representations:
Decision:	THAT whilst no objection be raised to the proposal, the Home Office be advised that the issue of foul drainage be investigated with a view to establishing available capacity to service the proposal and that consultations with the Environment Agency and Southern Water be carried out. Concern also to be expressed at the method of construction which may lead to security problems and investigate the possible use of alternative energy.
Conditions	N/A

(a) TCP/2425S - Unauthorised Holiday Accommodation, Puckaster Farm, Puckaster Lane, Niton, Isle of Wight

Consideration was given to the circumstances surrounding two unauthorised holiday units formed within former agricultural outbuildings and as to whether or not the circumstances justified the service of an Enforcement Notice.

THAT an Enforcement Notice be served requiring the cessation of the use of the two unauthorised holiday units and the removal of all furniture, fittings and internal partition walls with a time period for compliance of three months.

The Committee were made aware of the planning history of the site and its current use. Consideration was given as to what the Local Planning Authority’s response should be in respect of the current operation of the yard.

Members were advised that whilst the Authority could not condone any breach of planning control in respect of the site, a more realistic view that a formal investigation should be held in abeyance pending the submission and outcome of a planning application which may well remove the commercial use from the site. It was believed appropriate that the operator be given a period of time, with a clear deadline, to submit an application for the siting of the lorry/trailer park.

THAT no immediate action be taken regarding an investigation into alleged breaches of planning control on the understanding that the operator would submit a planning application for an alternative siting of the lorry/trailer park within two months. Should the application not be received in that time frame then Enforcement Action be authorised commensurate with the alleged breach.

Members gave consideration as to whether an Enforcement Notice should be served requiring the cessation of residential use of four caravans and two mobile homes, the removal of four of the six units from the land, leaving one in the position of Unit B and one in the position of Unit C, (as marked on the plan attached to the report).

THAT an Enforcement Notice be served requiring the cessation of residential use of all caravans and mobile homes on site and the removal of four of the six units from the farm leaving two units in the positions B and C as marked on the plan attached to the report. With a time period for compliance of six months from when the Notice takes effect. If any of the current occupants leaves prior to the end of the six month period, they are not to be replaced.

(d) TCP/16974F - Unauthorised Engineering Operation at Pitts Farm, Main Road, Ningwood

Consideration was given as to whether an Enforcement Notice be served requiring the removal of a large amount of topsoil which had been used to artificially raise the level of the land.

THAT an Enforcement Notice be served requiring the removal of the topsoil from the land and the restoration of the land to its former level. With a time period for compliance of one month from when the Notice takes effect.

Members were advised of an ongoing complaint regarding works at Tideways Cottage, The Causeway, Freshwater. Consideration was given as to whether or not any of the development undertaken should have required the formal consent of the Local Planning Authority. Two further letters had been received.

(f) TCP/20443E - Unauthorised Caravans Being Stored and Use for Residential Purposes, and Two Unauthorised Loose Boxes at Hawthorne Manor Farm, Chale Green

Consideration was given as to whether an Enforcement Notice should be served requiring the cessation of residential use of two caravans at Hawthorne Manor Farm, the possible residential use in a third caravan and the removal of the third caravan from the farm. The removal of two loose boxes which had been constructed in the farmyard in connection with the keeping of horses as opposed to agriculture, and which were constructed without the benefit of planning permission was also sought.

(i) THAT an Enforcement Notice be served requiring the cessation of residential use in caravans A and B and caravan C (as marked on the plan attached to the report) when residential use had commenced, and the removal of caravan C from the farm. Time period for compliance, six months from when the Notice takes effect.

(ii) THAT the use of the two loose boxes cease and the structures be removed from the site with a time period of compliance of three months from when the Notice takes effect.

(g) TCP/22584C - Unauthorised Siting of Six Mobile Homes at Lower Dodpits Farm, Warlands Lane, Ningwood, Isle of Wight

Members gave consideration to the service of an Enforcement Notice requiring the removal of six mobile homes from the land.

THAT an Enforcement Notice be served requiring the removal of the six mobile homes from the farm. Time for compliance - three months from when the Notice takes effect.

(h) Insertion of Unauthorised PVCu Windows and Doors in Grade II Listed Building in a Listed Building, West Billingham Farmhouse, Berry Shute, Billingham

Consideration was given as to what further action to take relating to the unauthorised alterations to the Grade II listed farmhouse and also to works which had not been undertaken in accordance with a previous planning approval and listed building consent.

THAT an Enforcement Notice be served requiring the removal of all unauthorised PVCu and aluminium windows together with the removal of PVCu doors and replacement with timber casement windows and timber doors, design to be specified in the Enforcement Notice. Time for compliance - six months.

The Committee were reminded that in April 1999 as assessment was made of the East Cowes area to identify whether any part was suitable for designation as a Conservation Area. At a meeting held on 3 April 2001 the former Planning Committee received a report and agreed to the designation of a Conservation Area located around Whippingham Church. Meetings had since taken place with the Whippingham Community Partnership and Governors of Whippingham Primary School. There did not appear to be a consensus locally and there was some opposition to the proposed designation.

The local member indicated he had consulted locally and there did not appear to be unanimous support for this. He believed it would be appropriate to discontinue the procedure of designation for the area.

THAT the procedure to designate a Conservation Area around Whippingham Church be discontinued.