REASON FOR COMMITTEE CONSIDERATION

This application is particularly contentious and has attracted a substantial number of representations.

LOCATION AND SITE CHARACTERISTICS

Hill Farm is a former farm complex located to the west of Alverstone Garden Village and to the northeast of Hill Top, off Skinners Hill, Newchurch. Vehicular access is currently off Hill Top Lane, a rough, narrow unmade track to the northeast of Skinners Hill, the lane which links Newchurch village with Queen Bower and is situated approximately 400 metres from the junction of Hill Top Lane with Skinners Hill. Hill Top Lane contains eight or nine dwellings abutting its southeastern side and with the exception of two dwellings fronting Skinners Hill and some other buildings at the junction, the land is otherwise undeveloped mostly farm land situated on a ridge.

Hill Farm comprises a small group of buildings including a dwelling, stables and used and disused barns abutting a public footpath which runs through the farmyard.

The existing buildings are brick, stone and timber with tiled roofs and these are located towards the northeastern end of the complex abutting part of the farmyard.

RELEVANT HISTORY

Formation of vehicular access and access road off Skinners Hill, submitted in April 2000 was subsequently withdrawn in September 2001.

DETAILS OF APPLICATION

Whilst this application was originally submitted in July 2000, it has been subsequently revised twice and the current revisions now seek consent for the conversion of two farm buildings to form two units of holiday accommodation and for the creation of a new access track running from Skinners Hill to the Hill Farm.

The plans show the access road to join Skinners Hill approximately 210 metres to the southeast of the junction of Hill Top with Skinners Lane. The new access position includes a bell mouth and allows for the access to run in a north - northeasterly direction almost parallel to the field hedgerow for a distance of approximately 310 metres and then to turn in a northwesterly direction to link up with the access track and footpath leading to Hill Farm. It then turns again in a northeasterly direction, running parallel to a further field boundary where it accesses the smaller of the two barns in question and then continues around the barn and the northeastern extent of the complex, doubling back on itself to a position due north of the larger of the two barns. The access track is intended to be 3.2 metres wide, incorporates a passing bay and is shown to be constructed in a gravelled finish running at existing ground levels. The plan shows the access track to run parallel to the field boundary off Skinners Hill at a distance of approximately three metres.

The application was originally submitted with a structural report which concludes that whilst some parts of the structures are showing the signs of age and are unsound, essentially the buildings' main structural elements are sound and conversion is possible with the exception of the roof structure to the smaller barn which will need to be replaced. The plans show a large proportion of the smaller barn (barn B) to be demolished and a replacement but much smaller extension to be added on the southeast end. The conversion would provide a living area with a kitchen in one corner, a bedroom off the living area with a bathroom en suite. The replacement structure on the southeast end would provide a sun lounge and revised plans show the structure to be a brickwork plinth with three glazed sides under a small plain tiled roof supported by large timber posts, similar to those on the north side of the existing structure. The northeast elevation shows existing features to be retained achieved by the recession of the new front wall which incorporates much glass framed in vertical timberwork. The existing corrugated sheet roof of the buildings proposed to be removed and the new structure to be reclad in small plain tiles to match the existing farmhouse further to the southwest. Stained vertical timber boarding is proposed to the gable ends.

The proposed conversion of the larger barn (barn A) shows the majority of the structure to be retained but with the necessary rebuilding of the gable end on the western end and with the corrugated sheet structures on the southern side to be removed and replaced with a brickwork structure under a 'cat slide' type roof. The eastern rebuilt section is shown to be in natural stone and brick work and the existing open sections to the north and south are shown to be closed with timber framework with glazing. Within the finished structure, the plan shows the ground floor to provide a living area, a kitchen area, a sitting room, laundry room and shower room and one bedroom with an en suite whilst on first floor the accommodation comprises seven bedrooms, two of which are en suite and an additional bathroom. The conversion involves the installation of stud partitioning mostly utilising the existing internal layout but provides two staircases to access first floor with open galleries in the central section.

Barn A is proposed to be converted with external materials within new plain tiled roofs to match the existing farmhouse and vertical timber stained boarding features with facing brick work and stonework.

Externally the plans show small parking and turning areas to be situated outside the respective units.

Barn B, the smaller unit will have a small garden area situated on its southwest side whilst Barn A, the larger unit, will also have landscaped garden areas surrounding it.

Whilst shown in the previous submissions, it is no longer intended to divert the footpath which runs through the existing farmyard.

A further revision proposes the separation of the access track and footpath at the Hill Farm end of the new track.

DEVELOPMENT PLAN/POLICY

National policy, in PPGs 7 and 21 generally support tourism in the countryside providing it does not impact adversely on the surroundings and, in supporting tourism, recognises the contribution economically to the rural environment. In addition, PPG7 also supports the diversification of agricultural units and supports the reuse and adaptation of existing rural buildings for commercial and industrial development as well as for tourism, sport and recreation, subject to safeguards. In addition, PPG7 affirms the necessary special care to be taken in Areas of Outstanding Natural Beauty and that planning decisions should favour conservation of the natural beauty of the landscape.

UDP Policy C17 supports the reuse and adaptation of rural buildings for employment, recreation or tourism purposes, again subject to certain safeguards and Policy C2 seeks to safeguard the Areas of Outstanding Natural Beauty from development which might have a detrimental impact on the landscape. Policy T3 supports developments of holiday accommodation in certain instances which in this instance it is small scale and ancillary to an existing agricultural enterprise.

Policy TR7 seeks highway safety in new developments.

Policy TR17 seeks to maintain, improve or extend the existing network of footpaths or bridleways etc.

The site is shown to be within an Area of Outstanding Natural Beauty and adjoining a Site of Interest to Nature Conservation.

CONSULTEE RESPONSES

AONB Officer is concerned about the impact of the development on the Area of Outstanding Natural Beauty through impact of the access, loss of trees and hedgerows, design of the proposed conversion and the need to carry out extensive landscaping to ensure reduced impact. It is questioned that a new access road may reduce the need for access via Hill Top and the possibility of ensuring the new access road takes the traffic rather than Hill Top. Furthermore, a new access road may allow for further development at Hill Farm which would impact again on the landscape and suggests that permitted development rights should be removed to ensure that 28 day uses of land cannot occur so as to conserve and enhance the AONB.

Highway Engineer recommends conditions if approved.

Environmental Health Officer makes no adverse comment.

County Archaeological Officer recommends conditions if approved.

Environment Agency recommends conditions if approved.

English Nature raised the question of bats roosting in the larger barn and subsequently a bat survey was undertaken which established that the larger barn is used as a roost for a small number of male common pipistrelle bats. Breeding birds were also noted within the existing buildings. English Nature recommend conditions if consent is granted.

County Ecology Officer echoes concerns of English Nature.

Two letters of objection from CPRE objecting on grounds of increased traffic, adverse impact on the AONB and precedent for further, similar developments suggesting that a new access track will enable further developments to occur.

PARISH/TOWN COUNCIL COMMENTS

Newchurch Parish Council confirms its objection to the development pointing out that the site is in an Area of Outstanding Natural Beauty and that development would be contrary to Policy C2 but that it would also appear to be subject to Policy C15; raising concern over the use of Skinners Lane for potential increase in vehicular traffic and the network of narrow country lanes suggesting the development will be contrary to Policy C17c of the UDP and objecting on the grounds that the development be contrary to the interests of wildlife, especially on the SSSI sinc nearby.

THIRD PARTY REPRESENTATIONS

Two petitions from Alverstone Garden Village Residents Association, one of 254 signatures, to the original application and superseded by a second of 281 signatures objecting on grounds of development contrary to planning policy; the fact that the farm is no longer an agricultural unit, concentrating on livery for horses and a builders yard; that the layout of the site clashes with the use of existing footpaths and that the new access track would increase traffic speed on both the new track and the original access; adverse effect on neighbouring property, especially properties in Alverstone Garden Village which are in close proximity; adverse effect on the surrounding area, detailed as being unjustified as a farm diversification, increase in services and increased surface water runoff, concluding that the development has no regard for existing footpaths resulting in the likely flooding of Skinners Lane.

Islandwatch object most strongly as the access track would cut through unspoilt meadows in the AONB causing danger to walkers on the public footpath suggesting that Hill Top Lane is adequate.

Three letters from the Isle of Wight Observatory pointing out that the applicants have not taken into account environmentally friendly lighting installation and possible light pollution, writer urges strict control over lighting suggesting that Members prohibit lighting unless included with this application.

Rights of Way Officer raises concern over the joint use of part of the right of way for vehicular access, suggesting the two should be separated so as to maintain pedestrian safety.

Two letters from Friends of the Earth raising concern over impact of the access track through ancient meadows which are situated in the AONB especially during construction works, pollution carried in runoff into the valley, also raises concern over the dual use of part of the footpath with vehicles suggesting that Hill Top Lane should be used and that such a development would set a precedent for further development.

Ramblers Association acknowledge that the right of way over Hill Top and through the farmyard are no longer to be affected but are concerned with the dual use of the footpath linking Alverstone Garden Village with Hill Farm for access, urging safeguards to be carried out, signs to be erected to ensure walkers do not use the track, urging that the right of way should remain open during the development.

Forty letters of objection on behalf of twenty six households (some resubmitted representations due to revisions of application) objecting on grounds of overdevelopment of the site, development does not comply with policies of UDP; inappropriate development and an adverse effect on this Area of Outstanding Natural Beauty; visual intrusion resulting in an urbanisation of this rural area; pollution by vehicles and light pollution, also pollution from the noise of vehicles accessing the site which, in addition, will result in glaring headlights towards residential property; increased traffic to the site would result in a severe traffic danger and a dangerous access point with Skinners Lane; that the area is prone to flooding and further development can only worsen the situation; loss of trees and hedgerows resulting in an ecological change; loss of habitats to local wildlife. Objectors also claim that a new roadway is not required, that Hill Top Lane is adequate and that new roadway presumes that further development will ensue; additional traffic will create congestion in roads surrounding this area thus impeding access by emergency vehicles; adverse effect on footpath pattern; inadequate foul drainage; the creation of an eight bedroomed holiday unit is not an appropriate form of development and too intensive; that the farm no longer operates as an agricultural unit and inadequate information. One writer asks for comprehensive screening if the application is approved.

CRIME & DISORDER IMPLICATIONS

Relevant Officer has been given the opportunity to comment, but no observations have been received.

EVALUATION

Essentially this application seeks to convert two disused farm buildings into one large and one small holiday units and to access these by the provision of a new farm track from Skinners Hill to the existing farm buildings.

In policy and principle terms, the main two conflicting principal policies are Policy C17 which essentially supports the reuse and adaptation of rural buildings, in this case for tourism purposes and Policy C2 which allows for development within the Area of Outstanding Natural Beauty providing it does not have a detrimental impact on the landscape but again subject to certain safeguards.

The development does relate to buildings of substantial, sound and permanent construction and the structural survey confirms that the conversion could take place without major or complete reconstruction; the conversion respects the local character, the buildings' style and materials proposed are similar to those in the existing structure.

Traffic generated by the new use is proposed to be managed by the formation of the new access track but, of course, remains to be distributed in the local road system. In principle, therefore, the refurbishment of the buildings in a form which is consistent with the character of the buildings is considered to be consistent with policy. The

refurbishment of the buildings "in character" is unlikely, on its own, to affect adversely the amenity of the Area of Outstanding Natural Beauty. Accordingly it is felt that the development is principally consistent with policy.

The details of the design conversion retains the character of the building by utilising existing openings and restoring some parts of the building which are in poor condition, utilising a mix of brickwork, natural stone which are in keeping with the character of the structure; re roofing in materials which will enhance the appearance of the building by replacing corrugated sheet steel with plain tiles. Existing openings in buildings have been utilised, infilling the voids but retaining the original features.

In highway terms, the Highways Engineer recommends conditions if approval is granted. He feels that the access point with Skinners Hill allows adequate visibility in both directions and, in positive terms, allows a passing space in the narrow Skinners Lane. Access to the farm from Skinners Hill follows a route parallel to the field boundary and details submitted show the track to be finished in gravel surface of softer appearance than concrete or macadam and the track running at ground level rather than cut in or built up. Its junction with the footpath has been realigned to observe the Rights of Way Officers concerns over dual use of the surface and the provision of this access track would take traffic away from Hilltop Lane.

In visual terms this access will have little effect since its junction with Skinners Lane is through a gap in the tree and shrub boundary between the field and Skinners Lane where little grubbing out would be required.

With this particular aspect in mind, the Ecology Officer considers that the hedgerow serves as a valuable wildlife corridor and aerial route way and it is important that new access does not reduce its value for wildlife. Accordingly as it appears that no trees need to be felled to create the appropriate access, the remaining trees and hedgerows need to be protected but, within the visibility splays the area should be maintained by coppicing by cutting everything down to ground level leaving it to regrow naturally, the process being repeated at suitable intervals probably every 2 or 3 years.

In terms of nature conservation issues, it is felt that the access track, which runs nearby to SINC, is unlikely to have any adverse effect, including the possibility of flooding due to the proposed construction utilising a permeable form. Despite that, the area of the road is not considered to be significant enough to increase water run off to the degree which might alter the water table or create a flooding problem. English Nature raised the question of the possibility of bats roosting in the larger barn and a survey and report have been prepared, but at the time of writing, the report has not yet been received.

Amongst the various reasons for objecting to the proposals as detailed above, it is drawn to members attention that the creation of a new access road could be seen as setting a precedent for further, similar developments at the farm, various objectors citing further proposals including caravan site, camping and other activities, none of which form part of this application. Each of those would be determined on merit but it may be appropriate to remove the permitted development allowances on temporary uses of land such as 28 day camping which can be carried out without the need for a further planning permission. This I believe can only be properly done by the imposition of an article 4 direction and, under the circumstances, should cover all of the land within the ownership of the applicants rather than just the site the subject of this application.

Objections also received cite adverse affects on adjoining properties from the use of the development currently proposed by way of vehicle noise, light pollution noise of activities by residents. The nearest residential property is Hilltop Cottage which is approximately 100 metres from the barns, Alverstone Garden Village where the nearest dwelling is approximately 180 metres and from Hilltop where there is a distance of approximately 200 metres I am of the opinion that the use of the barns for holiday accommodation is not of sufficient scale to create substantial nuisance, especially if conditions are imposed to ensure further developments which otherwise could be carried out without the need for planning permission are prohibited.

HUMAN RIGHTS

In coming to this recommendation to grant planning permission consideration has been given to the rights set out in Article 8 (Right to Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention on Human Rights. The impacts 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 on 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.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to the material considerations as described in the evaluation section above it is felt that the conversion of these two barns into holiday accommodation with the associated works comprising car parking areas and an access track would be in line with policy C17 and B2 of the Isle of Wight Unitary Development Plan and in the interests of tourism as described in policy T3 of the Isle of Wight Unitary Development Plan.

           RECOMMENDATION -                     1. APPROVAL (REVISED PLANS).

Conditions/Reasons:

2. TREE PRESERVATION ORDER BE MADE TO PRESERVE THE TREES ALONG THE SKINNERS HILL FRONTAGE OF THE SITE.

3. ARTICLE 4 DIRECTION BE MADE TO REMOVE THE TEMPORARY USE OF LAND WITHIN THE OWNERSHIP OF THE APPLICANTS AS DESCRIBED IN CLASS B OF PART 4 AND CLASS A OF PART 5 OF THE TOWN & COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT) ORDER 1995.

4. THAT A COVERING LETTER IS SENT WITH THE DECISION NOTICE TO ADVISE THE APPLICANTS OF THE REQUIREMENTS AND RESPONSIBILITIES TO BE ADDRESSED IN RELATION TO CONDITION 6 ABOVE IMPOSED UNDER THE ADVICE OF ENGLISH NATURE.