PAPER B2                                                 

SCHEDULE OF APPEALS

           

1.         NEW APPEALS LODGED

 

 E/25477                   Mr R Coombes against Enforcement Notice relating to change of use to mixed residential and business use by means of the operation of a taxi service business at 34 Mayfield Drive, Newport.

                                   

 TCP/17850/B           Mr and Mrs D Harman against refusal of formation of vehicular access at Brookside, Main Road, Chillerton.

 

 TCP/7831/C             Mr and Mrs E Humphrys against refusal for demolition of extensions and new three storey extension to form three flats at 36 Nelson Street, Ryde.

 

            TCP/25193/A           Mrs L Poole against refusal for car port at 197 Fairlee Road, Newport.

 

 TCP/14386/T            Mr and Mrs A J Milbank against refusal for mobile home for agricultural worker at Mattingley Farm, Main Road, Wellow.

 

 TCP/19690/E           Mr and Mrs A Walker against refusal of outline for four dwellings with access off West Street, land adjacent Gembrook, Grove Road, Wroxall.

 

 TCP/25634               Mr and Mrs W J McClintock against refusal for extension at first floor level to form a bedroom at 8 Fort Victoria Cottages, Westhill Lane, Norton, Yarmouth.

 

 TCP/25522/A           Mr and Mrs M Smith against refusal for extension at first floor level to form a bedroom at 9 Fort Victoria Cottages, Westhill Lane, Norton, Yarmouth.

 

 TCP/25640               Mr and Mrs M Lynskey against refusal for extension at first floor level to form a bedroom at 10 Fort Victoria Cottages, Westhill Lane, Norton, Yarmouth.

 

 TCP/25757               Mr and Mrs P Peplow against refusal for extension at first floor level to form a bedroom at 11 Fort Victoria Cottages, Westhill Lane, Norton, Yarmouth.

                                                                      

 

2.        APPEALS WITHDRAWN

 

TCP/25320                Mr A Howlett against refusal for demolition of semi-detached dwelling and outline for two bungalows and alterations to

                                    vehicular access at Wedgewood, Rosemary Lane, Ryde.

 


3.         HEARING/INQUIRY DATES

 

No new dates to report.

 

 

4.         REPORT ON APPEAL DECISIONS

 

(1)               TCP/25120                            Mr G Skinner against refusal for two storey rear extension at 16 Downsview Road, St. Helens. 

 

Officer Recommendation:           Refusal

 

Committee Decision:                    Refusal (Part 1) - 22 October 2002 

 

Appeal Decision:                            Dismissed - 21 October 2003

 

Main issues of the case as identified by the Inspector:

 

·                      The effect of the proposed extension on the character and appearance of the existing dwelling and the surrounding area.

 

·                      The effect of the proposed extension on the living conditions of the occupiers of the neighbouring properties in terms of outlook, the availability of sunlight and overlooking.

 

Conclusions of the Inspector:

 

·                      The extension would be prominent from the rear gardens of other houses in the terrace and from the rear garden of the neighbouring detached house.

 

·                      The scale of the dwelling itself is modest and the bulky addition would dominate it.

 

·                      The rear elevation of the house would be completely changed leaving it out of keeping with the other dwellings in the terrace.

 

·                      The extension would not harmonise with the existing property and would be obtrusive in its surroundings and conflict with policies G4, D1 and H7.

 

·                      Despite the screening provided by existing fence, the extension would be overbearing particularly at first floor level and would have a seriously detrimental effect on the outlook from no. 14 and its garden.  

 

·                      The orientation of the appeal property would mean the extension would overshadow the rear windows of no. 14 including the lounge and part of the rear garden.

 

·                      The scheme would have a harmful effect on the living conditions of the occupiers of no. 14 and would conflict with policies D1 and H7.

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(b)       TCP/12948/B                        Mr E Luter against refusal of outline for a bungalow land adjacent Liz-beth, 16 St. Faiths Road, Cowes.  

 

Officer Recommendation:           Refusal

 

Committee Decision:                    Refusal (Part 1) - 20 January 2003

 


Appeal Decision:                            Dismissed - 21 October 2003

 

Main issues of the case as identified by the Inspector:

 

·                      The effect of the proposed bungalow on the character and appearance of the area.

 

·                      The effect of the proposed bungalows on the living conditions of the occupiers of the neighbouring bungalow Liz-beth in terms of privacy and the level of activity.

 

Conclusions of the Inspector:

 

·                      The site is a long thin strip of land and the proposed bungalow would fill the width of the plot.

 

·                      In its immediate context the proposed bungalow would look incongruous beside the adjacent detached bungalow and other similar bungalows on the same side of the street.

 

·                      The appearance would be of cramped development, tightly fitted into the road frontage and would be harmful to the appearance of the surroundings, contrary to policies G4, D1 and H5.

 

·                      The access path to the proposed bungalow would pass very closely to the windows and front door of the neighbouring property.

 

·                      The comings and goings associated with the only access to the new dwelling would cause serious disturbance and loss of privacy to the neighbouring occupier.

 

·                      A fence may mitigate the situation but would be an intrusive feature.

 

·                      There would be significant detriment to the living conditions of the occupier of no. 16 as a result of disturbance and loss of privacy and the proposal would not comply with policies D1 and H5.

 

·                      The quality of the environment would be compromised by the proposal which outweighs the contribution which would be made to the provision of housing and the tidiness of the site.    

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(c)               TCP/25115                            Mr and Mrs L Hodgson against refusal of outline for detached house and vehicular access at land adjacent 32 Mayfield Drive, Newport

 

Officer Recommendation:           Refusal

 

Committee Decision:                    Refusal (Part 1) - 29 January 2003

 

Appeal Decision:                            Dismissed - 22 October 2003  

 

Main issues of the case as identified by the Inspector:

 

·                      The effect of the proposed development on the character and appearance of the area.

 

·                      The implications for the Eucalyptus tree on the appeal site.

 


·                      The effect of the proposed development on the living conditions of the occupiers of no. 34 in terms of outlook and sunlight.

 

Conclusions of the Inspector:

 

·                      The plot currently forms the pleasant small break in the built-up frontage of the road.

 

·                      Because of the shape of the site the building would virtually fill the space between the two existing dwellings leading to a cramped appearance and loss of the impression of space between.

 

·                      The proposal would not harmonise with its surroundings and would be harmful to the appearance of the street and contrary to policies G4, H5 and D1.

 

·                      The Eucalyptus tree is an attractive feature in the street frontage and its proximity to the proposed new dwelling would make it likely to be either damaged or removed.

 

·                      The tree is not protected and could be removed at any time but removal would be accelerated if permission were to be granted.

 

·                      The removal of the tree would lead to a loss to the appearance of the area.

 

·                      In the absence of an overriding need for the development the removal or damage to the tree would be contrary to Policy C12.

 

·                      The proposed development would be sited close to the boundary with no. 34 and would have a detrimental effect on the outlook from the kitchen window of no. 34.

 

·                      The orientation of no. 34 in relation to the proposed house would reduce the availability of sunlight into the kitchen of no. 34 and its back garden.

 

·                      There would be harm to the living conditions of the occupiers of no. 34 and the proposal would be contrary to Policy D1. 

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(d)       TCP/25258                            Mr G Lovegrove against refusal for detached bungalow and garage and vehicular access on land adjacent 45 Whitecross Avenue, Shanklin

 

Officer Recommendation:           Refusal

 

Committee Decision:                    Refusal (Part 1) - 11 February 2003

 

Appeal Decision:                            Dismissed - 23 October 2003        

 

Main issue of the case as identified by the Inspector:

 

·                      The effect of the proposed development on the character and appearance of the area.

 

Conclusions of the Inspector:

 

·                      The site is situated within a large residential estate in surroundings characterised by fairly intensive frontage development relieved by occasional small open areas of such as the land that comprises the appeal site.

 


·                      The proposed development would occupy a substantial portion of the site and would significantly change the present open character.

 

·                      This change will be harmful as the present open appearance makes a significant contribution to the local environment by providing space and visual relief.

 

·                      The uncharacteristic forward siting of the proposal would appear cramped and obtrusive in the street scene.

 

·                      The development would seriously compromise the quality of the local environment and would be contrary to policies D1, G4 and H5.

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(e)       TCP/9637/C                          Mr and Mrs P Wershat against refusal of outline for bungalow, land adjacent Sea Tang, Maythorne Way, Luccombe, Shanklin.

 

Officer Recommendation:           Refusal

 

Committee Decision:                    Refusal (Part 1) - 28 February 2003 

 

Appeal Decision:                            Dismissed - 24 October 2003

 

Main issues of the case as identified by the Inspector:

 

·                      The effect of the proposed development on the character and appearance of the locality having regard to Development Plan’s settlement policies and the location within an AONB.

 

·                      The acceptability of the proposed development in terms of land stability considerations.

 

Conclusions of the Inspector:

 

·                      The development would lead to consolidation of this area of scattered development in the countryside and would conflict with the aims of the UDP.

 

·                      The site does not meet the criteria of an infill plot.

 

·                      Residential development of this site would conflict with AONB objectives.

 

·                      The site is in an area where there is known and possible land instability and in the absence of any investigations undertaken by the appellants it has not been adequately demonstrated that the site can be developed and used safely without adding to the instability of the site or adjoining land.

 

·                      The development would conflict with Policy G7.

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(f)        TCP/25055/A                        Mr and Mrs A Nicholson against refusal of demolition of dwelling and outline for a pair of semi-detached houses land at Hideaway, Bullen Road, Ryde.

 

Officer Recommendation:           Refusal

 

Committee Decision:                    Refusal (Part 1)  - 21 May 2003


Appeal Decision:                            Allowed - 27 October 2003

 

Main issues of the case as identified by the Inspector:

 

·                      The effect of the proposed development on the character and appearance of the area.

 

·                      The effect of the proposed development on the living conditions of the occupants of the adjacent properties in terms of outlook and privacy.

 

Conclusions of the Inspector:

 

·                      The proposed siting is acceptable taking into account the typical scale and spacing of the buildings in the area.

 

·                      The dwellings could be designed to fit in with the character and appearance of the area without being cramped.

 

·                      The location is within a built-up frontage amongst a substantial group of houses and an increase in building height and mass would be acceptable infilling.

 

·                      The visual impact of the proposed parking and turning area in front of the dwellings would not appear out of context.

 

·                      There would be no overbearing impact on the occupants of the neighbouring Bullen Lodge as the siting relationship would be sympathetic.

 

·                      An appropriate design solution would avoid any unacceptable overbearing impact upon the occupants of neighbouring Beech House.

 

·                      The development would not unacceptable harm the living conditions of the occupants of the neighbouring properties.   

 

·                      The imposition of conditions relating to parking and turning within the site would ensure the proposed development does not prejudice the safety of road users.

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(g)       TCP/15268/A                        Mr and Mrs K Chessell against refusal of outline for a dwelling with access off Church Road, land rear of 136 High Street, Wootton.

 

Officer Recommendation:           Refusal

 

Committee Decision:                    Refusal (Part 1) - 16 January 2003

 

Appeal Decision:                            Dismissed - 28 October 2003

 

Main issues of the case as identified by the Inspector:

 

·                      The effect of the proposed development on the character and appearance of the area.

 

·                      The effect of the proposed development on the safety of road users.

 


Conclusions of the Inspector:

 

·                      This is a backland location and the proposal would represent an isolated development uncharacteristically located in a position without proper road frontage.

 

·                      The proposal would be out of keeping with its surroundings and would be harmful to the character and appearance of the area.

 

·                      The benefit of providing additional housing in this location is firmly outweighed by the harm caused to the quality of the environment.

 

·                      If the appeal were to be allowed the Council would have difficulty in resisting similar proposals which might come forward in the future on adjoining land.

 

·                      Such proposals would cause cumulative harm to the character and appearance of the area and inhibit a more efficient and comprehensive development that would make a positive contribution to the local environment.

 

·                      The proposal represents an incongruous, piecemeal development, harmful to the character and appearance of the area and in conflict with policies G4, D1, H5 and PPG3.

 

·                      The proposed dwelling would generate a significant additional amount of traffic using the track which would prejudice the safety of road users by increasing conflict in the vicinity of the access and footway to the adjacent primary school.

 

·                      The proposed development would conflict with Policy TR7.

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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 4572) at the Directorate of Environment Services