2.	TCP/18974/A P/01671/02 Parish/Name: Newport Registration Date: 18/09/2002 - Full Planning Permission Officer: Miss. L. Myall Tel: (01983) 823550 Detached house (revised plans) (re advertised application) 75 New Street, Newport, Isle Of Wight, PO301PX

Report requested by Local Member as he is not prepared to agree to the application being dealt with under the delegated procedure.

The application site is on the site of Miracles Shoe Shop, New Street, Newport. The existing rendered building is of single storey with a slate roof and covers the whole of the application site, outbuildings at the rear of properties in Trafalgar Road share common boundary walls with the existing building. To the north of the application site, 71 and 73 New Street are set back from the road with front windows facing towards the side of the existing building. New Street is predominantly residential with two and three storey terraced buildings sited against the back of the pavement.

TCP/18974 – Extension to shoe repair shop, 75 New Street, Newport, approved July 1996.

The proposal is for the removal of the existing building and its replacement with a two storey, two bedroom dwelling with a small courtyard measuring approximately 3.5 metres deep at the rear. Revised plans have been received altering the fenestration on the northern elevation of the building by removing a downstairs kitchen window. The upstairs window provides light to the landing area at the top of the stairs.

The application site is within the development envelope for Newport and policy H5 (Infill Development) would apply. The proposal is generally acceptable if it does not unduly damage the amenity of neighbouring property and the surrounding area.

Prior to amended plans being submitted, one letter of objection was received expressing concern that windows would overlook the lounge and bedroom of the adjacent property, and that the two storey design would result in loss of light to the front of the adjacent property. A further letter objects to the proposal on the basis that the existing building has party walls along its southern boundary and that the two storey building would be out of character with the area.

‘There is dissent among neighbours, mainly from 73 and others in Trafalgar Road which border with back yards who will feel oppressed by the close sited two storey building. It is argued that was why a two storey building was not put there in the first place. This application I feel needs a site visit.’

The character of New Street is one of a predominantly residential street with two and three storey terraced buildings, despite the fact that the existing building is only single storey, the introduction of a two storey building on this site is not considered to be out of character with the overall street scene.

The properties immediately to the north of the application site are set back from New Street by around 11 metres and are orientated both west and east, amended plans have been received which have overcome any potential for overlooking into the windows on the west elevation of 73 and 71 New Street. It is considered that there would be no loss of light to these properties as a result of the proposal although direct sunlight may be reduced.

Views from the French doors and bedroom window at the rear of the proposed building, towards the front of 73 and 71 New Street, would be at an extremely oblique angle and for the main part would be towards the northern (side) elevation of 73 New Street. Appropriate boundary treatment along the northern boundary of the site would ensure that there is no overlooking at ground floor level. Any issues relating to party walls along the boundary of 20 and 22 Trafalgar Road would be addressed by the Party Wall Act 1996.

The proposal removes a non-conforming user from a residential area and makes best use of urban land, in accordance with guidance contained in PPG3 (Housing).

In coming to a recommendation, consideration has been given to the rights set out in the Articles of the European Convention on Human Rights. The impact this development might have on the owners/occupiers of 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 rights 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 and in the public interest.

Having given due regard and appropriate weight to all material considerations referred to in this report, it is considered that the proposal conforms with policies D1 and H5 of the Isle of Wight Unitary Development Plan.

Construction of the building hereby permitted shall not commence until a schedule of all materials and finishes to be used for the external roofing and walls of the same has been submitted to and approved in writing by the Local Planning Authority. Thereafter only such approved materials and finishes shall be used in carrying out the development.

Reason: To safeguard the amenities of the locality and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected including a two metre high boundary wall on the northern boundary of the site. The boundary treatment shall be completed before the buildings are occupied. Development shall be carried out thereafter in accordance with the approved plans.

Reason: In the interests of maintaining the amenity value of the area and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.