MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 25 NOVEMBER 2003 COMMENCING AT 5.00 PM

Present :

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 V J Morey, Mr A A Taylor, Mr J A Whittaker, Mr D G Williams, Mr D T Yates

Apologies :

Mr C H Lillywhite

Also Present (not voting) :

Mrs T M Butchers, Mr J Effemey, Mr M Morgan Huws, Mrs J White

69. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 14 November 2003 be confirmed.

70. DECLARATIONS OF INTEREST

Interests were declared in the following matters:

Mrs M J Miller declared a prejudicial interest in minute 71 (a) 3 - Land adjacent and rear of Easton Mead & Llyswen, Guyers Road, Freshwater as the applicant was known to her.

Mrs M J Miller declared a personal interest in minute 71 (a) 5 - 24 Place Side, Cowes, as the objector was known to her.

Mrs T M Butchers declared a personal interest in minute 71 (a) 3 - Land adjacent and rear of Easton Mead & Llyswen, Guyers Road, Freshwater, as the applicant was known to her.

Mrs T M Butchers declared a personal interest in minute 71 (a) 5 - 24 Place Side, Cowes, as the objector was known to her.

Mrs T M Butchers declared a personal interest in minute 71 (b) (v) IOW Rugby Football Club, Footways, Wootton as her son is a member.

Mrs T M Butchers declared a prejudicial interest in minute 71 (d) Paper C - Chale Bay Farm, Military Road, Chale, Ventnor, as the applicant is known to her.

Mrs T M Butchers declared a prejudicial interest in minute 71 (d) Paper D – Long Last, Cranmore Avenue Cranmore, Yarmouth, as the applicant is her next door neighbour.

Mr A A Taylor declared a personal interest in minute 71 (a) 5 - 24 Place Side, Cowes, as the objector was known to him.

Mr C B W Chapman declared a personal interest in minute 71 (a) 5 - 24 Place Side, Cowes, as the objector was known to him.

Mr C B W Chapman declared a prejudicial interest in minute 71 (b) (v) IOW Rugby Football Club, Footways, Wootton, as he is involved with the Club

Mr G Hepburn declared a personal interest in minute 71 (a) 3 - Land adjacent and rear of Easton Mead & Llyswen, Guyers Road, Freshwater, as the applicant was known to him.

Mr G Hepburn declared a personal interest in minute 71 (b) (v) IOW Rugby Football Club, Footways, Wootton, as he is involved with the Club

71. REPORT OF THE HEAD OF PLANNING SERVICES

(a) Planning Applications and Related Matters

(i) Part II and Part III

Consideration was given to items 1 - 5 of the report of the Head of Planning Services.

RESOLVED :

THAT the applications be determined as detailed below :

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/03886/S
Details:	Land adjacent, forming part of Binstead Auto Centre, Binstead Road Demolition of garage workshops & stores; construction of 9 houses (comprising a terrace of 4, a terrace of 3 and a pair of semi-detached) parking and access off Binstead Hill, (revised scheme)
Comment:	This application was withdrawn by the Applicant
Application:	TCP/08015/B
Details:	7 Culver Way, Sandown Retention of dormer window on east elevation; raised decking, summerhouse and proposed flag pole
Public Participants:	Mr Clive Bax (Objector)
Additional Representations:	A letter from the local Member was received and read out A letter of objection from neighbour was received and read out
Comment:	None
Decision:	Deferred for Site Inspection by the Development Control Committee
Conditions:	(item 2)
Application:	(Mrs M J Miller having declared a prejudicial interest, left the room, Mr A A Taylor as Vice Chairman took the chair for this item) TCP/08587/E
Details:	Land adjacent and rear of Easton Mead & Llyswen, Guyers Road, Freshwater Demolition of 2 garages; construction of 2 chalet bungalows; alterations to vehicular access (revised scheme)
Public Participants:	Mrs Caroline Reed-Sampson (Parish Council) Mr Richard Mazillius (Agent)
Additional Representations:	A letter from the applicant was received Comments from the Planning Officer
Comment:	None
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register
Conditions:	As per report (item 3)
Application:	(Mrs M J Miller returned to the room and resumed as Chairman for the remainder of the meeting) TCP/25761
Details:	24 Place Side, Cowes Single storey extension to form porch and dining room; single storey extension to enlarge garage (revised plans)
Public Participants:	Mrs Debra Silk (Objector) Mr Paul Fuller (Objector) Mr Neil Lilley (Applicant)
Additional Representations:	A letter of objection from a local resident Comments from Planning Officer
Comment:	Local Member spoke on this item
Decision:	Conditional planning approval, subject to the conditions set out in the Part II Register
Conditions:	As per report (item 5)
Application:	(Mr J A Whittaker arrived at the meeting before the debate on this item, declared a prejudicial interest and left the room for this item, as several residents of Cliff Road are known to him) TCP/18349/S
Details:	Essex House, Baring Road, Cowes Demolition of dwelling; construction of a terrace of 4 town houses fronting Cliff Road; 3/6 storey building to provide 10 flats; formation of vehicular access
Public Participants:	None
Additional Representations:	Comments from the Costal Manager Comments from Building Control Manager Comments from Planning Officer A letter from the Applicants representative
Comment:	Members commented that they would like to visit site to see how the application would fit in the surrounding area
Decision:	Deferred for Site Inspection by the Development Control Committee
Conditions:	(item 4)

(b) Other Matters Not Relating To Current Planning Applications

(i) TCP/2817N/P1953/01 - Three storey building providing a retail unit and a restaurant on ground floor with a total of twelve flats on first and second floors at 37 Pyle Street, Newport

An additional letter from the Developer was received

Members gave consideration as to whether the circumstances justified the service of three enforcement notices on the developer for failing to construct the building in accordance with approved plans, relating to render detail and feature strip; the alignment of the shop front openings with the windows; the relative levels between the pavement and the floor level within unit 1 and the requirement that the pavement run through from the kerb through to the face of the building at the same level including the removal of an unauthorised brick wall.

During the debate it proposed and seconded that the time for compliance on Option 6 should be reduced from six months to three months.

RESOLVED :

THAT recommendation as agreed in the report with the following amendment to Option 6, with a reduction in the time period for compliance down from six months to three months.

(i) To serve an Enforcement Notice on the developer for failing to construct the building in accordance with the approved plans relating to the render detail and feature strip and to require them to remedy this breach. Time period for compliance three months.

(ii) To note the situation with regard to the failure to align the shop front openings up with the windows above but to resolve to take no further action on this matter.

(iii) To serve an Enforcement Notice on the developer for failing to construct the building in accordance with the approved scheme relating to the relative levels between the pavement and the floor level within unit 1 and to require the pavement runs through from the kerb through to the face of the building at the same level including removal of the unauthorised brick wall. Time period for compliance three months.

(ii) TCPE/8718A - Unauthorised car port erected on land to the rear of 15 Dudley Road, Ventnor

Members considered whether to serve an Enforcement Notice requiring the removal of an unauthorised car port.

RESOLVED :

THAT as recommended, authorisation to serve an Enforcement Notice requiring that the car port be dismantled and removed from the site. Time period for compliance 28 days for when the Notice take effect.

(iii) TCP/9338V - Use of slipway for the parking of trailer units, Columbine Works, Castle Street, East Cowes

A letter from the local Member was received

Consideration was given to whether circumstances justified the service of an Enforcement Notice requiring the cessation of the use of the slipway and yard area for the parking of trailers.

RESOLVED :

THAT as recommended, information in the report to be noted but to resolve to take no further action at this time, but to review the situation in four months time.

(iv) TCP(E)12917N - Erection of floodlights and associated poles, approved under planning permission reference TCP 12917H, but in breach of condition, IOW Rugby Football Club, Footways, Wootton

(Mr C B W Chapman declared a prejudicial interest and left the room for this item)

Members gave consideration to whether circumstances justify the service of an Enforcement Notice relating to the failure to comply with planning conditions on height of two floodlight clusters and poles and on failure to remove the clusters and poles from site during 1 March and 30 September in each year.

During the debate it was proposed and seconded that the second recommendation be changed from the requiring the removal of floodlight cluster between 1 March and 30 September in any one year to inviting a planning application from the applicant in regard for permission for permanent floodlighting.

RESOLVED :

THAT Recommendation as revised:

To issue an Enforcement Notice for failing to comply with condition 1 which limits the height of the floodlight cluster to 6m above ground level. Time period for compliance one week.

(ii) To invite without prejudice to the final decision a planning application to remove condition 6 which requires the dismantling and removal of the light cluster between 1 March and 30 September.

(v) TCP/13348A - The siting of two mobile homes in a paddock to the rear of Seafields, Blackgang Road, Chale

Members considered whether to serve an Enforcement Notice requiring the removal of two mobile homes.

RESOLVED :

THAT as recommended, to authorise the service of an Enforcement Notice requiring the removal of the two mobile homes from the land with 28 days to comply.

(c) Schedule of Appeals

The Schedule of Appeals that had been lodged and decisions made was received.

RESOLVED :

THAT the report be noted.

PAPER C - TCP/21907/E – P/01220/03 Single storey building to provide bar and dining area with ancillary kitchen/toilet facilities/implement store, Chale Bay Farm, Military Road, Chale, Ventnor

(Mrs T M Butchers declared a prejudicial interest and left the room for this item)

(During the debate Mr J A Whittaker declared a personal interest, as the Landlord of the neighbouring public house was known to him)

An additional letter of support for the Officers recommendation of refusal from a local resident was received.

A letter from the local Member was received and read out.

The local Member spoke on this item

Members gave consideration to the implications of granting planning permission for development contrary to Officers’ recommendation and policies of the Isle of Wight Unitary Development Plan.

During debate Members indicated that Officer should carry out discussions regarding design and appearance of building but resolved to approve application.

RESOLVED :

THAT conditional planning approval be granted subject to the successful outcome of negotiations between Applicant/Agent and Officers on issues relating to design, appearance and use of materials

(Mrs M J Miller left the room and Mr A A Taylor as Vice Chairman took the chair for this item)

PAPER D – UPDATE – OUTSTANDING ISLE OF WIGHT COUNCIL ENFORCEMENT ACTIONS POSITION AS OF 13 NOVEMBER 2003

(Mrs T M Butchers declared a prejudicial interest part of the report, and left the room before discussion on that item began).

The Members of the committee received the update report on outstanding Enforcement actions

RESOLVED :

THAT the report be noted

(Mrs M J Miller returned to the room and resumed as Chairman for the remainder of the meeting)

72. MEMBERS’ QUESTION TIME

Mr B E Abraham asked an oral question in regard to the maintenance of privately owned listed building on the Island, the Head of Planning Services and the Development Control Manager replied accordingly.

(a) CHAIRMAN