Development Control Minutes 25 June 2002

MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 25 JUNE 2002 COMMENCING AT 5.30 PM

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

Mr C Boulter, West Team Leader declared a personal interest in Minute 27 (d) - Bluebell Haven, Willmingham Lane, Freshwater and was not present during the discussion or voting thereon.

The Committee were reminded that all Members of the Council were subject to the new Code of Conduct which had been adopted by the Council in April 2002.

Members wanted clarification on advice that had been given to them by Dr Skelcher, an external trainer at a recent seminar. The Director addressed a number of issues relating to the report.

The Committee were reminded that they had recently considered at an application for Whitecroft and at that time there was some concern at the age of the brief for that area. The original brief, or development guidelines for Whitecroft had been prepared for and approved by Medina Borough and South Wight Borough Councils in 1988. The guidelines for the site were considered during the preparation of the Isle of Wight Unitary Development Plan (UDP) and included in Appendix H. The UDP was adopted as the statutory development plan for the Isle of Wight in May 2001.

THAT members accept that the policy principles behind the development guidelines remain sound and in accordance with current UDP and Government policy.

Members were reminded that at a meeting of the Development Control Committee held on the 14 May 2002, authorisation was given to the service of a Listed Building Enforcement Notice under the Planning (Listed Building in Conservation Areas) Act 1990 on Vectis Hall, Melville Street, Ryde.

Given the rapid deterioration of the building, the Conservation Officer believed that the best course of action would be the service of a Listed Building Urgent Works Notice under Section 54 of the Planning (Listed Building in Conservation Areas) Act 1990. The Committee believed that the Council’s Conservation Officer should contact the owner of Vectis Hall

THAT the service of a Listed Building Urgent Works Notice under Section 54 of the Planning (Listed Building in Conservation Areas) Act 1990 be authorised.

(d) TCP/8284/L - Bluebell Haven (Formally Forest Haven), Willmingham Lane, Freshwater, Isle of Wight

(Mr B E Abraham and Mr C Boulter, West Team Leader declared a personal interest in this item and left the room).

The Committee considered information that had been put forward by the current occupants of the property as to whether they were sufficient to comply with the requirements of the agricultural condition that had been imposed when the dwelling was first approved in January 1987.

Advice had been obtained from Counsel and it was believed that the present occupiers were not complying with the agricultural occupancy condition.

(i) THAT the occupants of Bluebell Haven (formally Forest Haven) be advised that in the light of the information put forward, the Local Planning Authority does not consider that the circumstances are sufficient for them to comply with the requirements of the agricultural occupancy condition that applies to the property.

(ii) THAT the occupants of Bluebell Haven (formally Forest Haven) be advised of the intention to serve an Enforcement Notice regarding the failure to comply with the agricultural occupancy condition which applies to that property.

(Mr I R Stephens declared a personal interest in this item as the Chairman of the Social Services, Housing and Benefits Select Committee).

Members were reminded that in November 2001 planning permission had been refused and authorisation of Enforcement Action against the continued use of a former hotel by the Christian Respite Centre. Whilst the Enforcement Notice had been drafted a concern had arisen that the issue of human rights may not have been explicitly considered and so both or either decision could be open to a legal challenge. Consequently the matter had been reviewed and a decision to maintain the original recommendation was supported.

THAT the earlier decisions to both refuse planning permission and to serve an Enforcement Notice be reaffirmed.

Consideration was given to items 1 - 19 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/17575/E
Details:	Fort Bouldnor, Main Road, Bouldnor, Yarmouth, Isle of Wight. Continued use of training centre; retention of dwelling to provide managers accommodation (revised description).
Additional Representations:	Information received from the Forestry Commission. Applicants requested a deferral but the Committee decided against.
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register. That enforcement proceedings are authorised requiring the cessation of the use of the land as a training centre and removal of all unauthorised buildings/works with a time for compliance of 6 months for cessation of the use and a further 3 months for removal of unauthorised buildings and works. In addition, authorisation for enforcement proceedings be sought requiring the applicant to vacate and remove the unauthorised dwelling, reinstating the original building to its former condition, with a time for compliance of 9 months.
Reasons:	As per report (Item 1).

Application:	TCP/19380/H
Details:	Gurnard Pines Holiday Village, Cockleton Lane, Cowes, Isle of Wight, PO31 8QE 25 new holiday chalets; retention of 1 holiday chalet.
Additional Representations:	None.
Decision:	Conditional planning permission, for the reasons set out in the Part II Register. A letter to be sent to the applicants agent expressing concern over further a retrospective application.
Conditions	As per report (Item 2).

Application:	(Mr I R Stephens declared a personal interest in this item as the Chairman of the Social Services, Housing and Benefits Select Committee). TCP/23182/E
Details:	Land adjacent The Vineyard, Port La Salle, Bouldnor, Yarmouth, Isle of Wight Block of 8 maisonettes, 5 bungalows, access road and parking area.
Additional Representations:	Comments from the secretary to Vineyard Residents Association. Highways Engineer suggests comments. Applicant’s agent provided specification for new storm water drainage system.
Decision:	Refusal of planning permission contrary to officers recommendation, as members considered that the policies restricting residential development outside the development envelope and the adverse effect on the character of the area outweighed any community benefit to be gained from the scheme. Furthermore, the location of the site well outside the built-up area of Yarmouth would lead to unsustainable development, contrary to the principles of PPG 3.
Reasons:	1. Whilst recognising an identified need for sheltered accommodation in the West Wight area, the Local Planning Authority considers that this need could be accommodated elsewhere in the area and does not provide adequate justification for additional residential development outside the development envelope defined in the Isle of Wight Unitary Development Plan. It is also considered that the proposal would reduce the quality of the environment and landscape in the area and would therefore be contrary to Policies S1 (New Development Concentrated Within Existing Urban Areas), S4 (Countryside Protected from Inappropriate Development), G1 (Development Envelopes for Towns and Villages), G4 (General Locational Criteria for Development), G5 (Development Outside Defined Settlements), H4 (Unallocated Residential Development to be Restricted to Defined Settlements), H9 (Residential Development Outside Development Boundaries) and C1 (Protection of Landscape Character). 2. The development of this site, which is outside the defined development envelop, would in the opinion of the Local Planning Authority be contrary to the aims of PPG3 (particularly the criteria in paragraph 31 and the presumption in paragraph 32), to create sustainable development. Inadequate information has been submitted to show why this site should be developed in advance of more appropriate sites within defined development envelopes. (Item 3).

Application:	(Mr I R Stephens declared a personal interest in this item as the Chairman of the Social Services, Housing and Benefits Select Committee). TCP/24680
Details:	Land adjacent Prospect Cottage, Plots 1 - 4 High Street, Freshwater, Isle of Wight Variation of condition no. 2 on TCP/7444X to reduce the number of affordable houses from 4 to 3.
Additional Representations:	Comments from the local member.
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register.
Reasons:	As per report (Item 4).

Application:	TCP/24782
Details:	Land south east of Osborne Works, Whippingham Road, East Cowes, Isle of Wight. Use of land as commercial vehicle trailer park.
Additional Representations:	Letter from the applicant.
Decision:	Deferred at the request of the applicant.
Reasons:	As per report (Item 5).

Application:	TCP/02379/V
Details:	Land at Solent Landing off, Beach Road, Bembridge, Isle of Wight. Proposed landscaping scheme to form amenity space for residents of Solent Landing, The Point, to include 1000 mm high fence with timber posts, 1050 mm high temporary protective fencing and 1000 mm high single chain link fence (readvertised application - revised location and description).
Additional Representations:	Letter regarding fencing.
Decision:	Deferred for negotiations.
Reasons:	Application premature in that if the application for green status was successful then application would be judged on the loss of public open space. (Item 6).

Application:	(Mr I R Stephens declared a personal interest in this item as the Chairman of the Social Services, Housing and Benefits Select Committee). TCP/03441/K
Details:	Land adjacent Clevedon House 138 Staplers Road, Newport, Isle of Wight. Outline for 3 dwellings.
Additional Representations:	None.
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register.
Reasons:	As per report (Item 7).

Application:	(Mr I R Stephens declared a personal interest in this item as the Chairman of the Social Services, Housing and Benefits Select Committee). TCP/03441/L
Details:	Clevedon House, 138 Staplers Road, Newport, Isle of Wight, PO30 2DP Conversion of residential care home to form 8 flats.
Additional Representations:	Highways Engineer recommends conditions.
Decision:	Conditional planning permission, for the reasons set out in the Part II Register.
Conditions	As per report (Item 8).

Application:	TCP/08556/L
Details:	Land adjacent 33 Clatterford Road, Newport, Isle of Wight. Renewal: Outline for dwelling.
Additional Representations:	Comments from County Archaeologist.
Decision:	Conditional planning permission, for the reasons set out in the Part II Register.
Conditions	As per report (Item 9).

Application:	LBC/10242/A
Details:	March House, 15 Market Hill, Cowes, Isle Of Wight, PO31 7TR LBC for demolition of timber framed extension; alterations and single storey extension to side and rear to provide additional living accommodation to include conservatory.
Additional Representations:	None.
Decision:	Conditional planning permission, for the reasons set out in the Part II Register.
Conditions	As per report (Item 10).

Application:	TCPL/10242/B
Details:	March House, 15 Market Hill, Cowes, Isle Of Wight, PO31 7TR Alterations and single storey extension to side and rear to provide additional living accommodation to include conservatory.
Additional Representations:	None.
Decision:	Conditional planning permission, for the reasons set out in the Part II Register.
Conditions	As per report (Item 11).

Application:	TCP/10442/E
Details:	35 Parkhurst Road, Newport, Isle Of Wight, PO30 5HT 1 detached house; 2 storey extension to existing dwelling to form 3 further houses (total of 5 houses); formation of vehicular access onto Whitesmith Road and parking area.
Additional Representations:	An e mail from the local member. Comments from the Highways Engineer suggesting Condition 6 be modified.
Decision:	Conditional planning permission, for the reasons set out in the Part II Register.
Conditions	Condition 5 to be amended by deletion of Section (b) Parts 1, 2 and 3. Condition 6 to be amended by deletion of ‘number, position and types of bollards to’ and replacement with ‘extent, height and materials for a boundary wall which shall’. As per report (Item 12).

Application:	(Mr I R Stephens declared a personal interest in this item as the Chairman of the Social Services, Housing and Benefits Select Committee). TCP/11407/R
Details:	Site of Shanklin Garage, Orchardleigh Road, Shanklin, Isle of Wight. Outline for 11 dwelling units in 1, 2 and 3 storey blocks, (revised scheme), (readvertised application).
Additional Representations:	Letter of objection.
Decision:	Deferred for a site inspection.
Conditions	As per report (Item 13).

Application:	TCP/15846/A
Details:	4 New Road, Brading, Sandown, Isle Of Wight, PO36 0DT Change of use from residential to (Class A2) financial and professional services.
Additional Representations:	None.
Decision:	Conditional planning permission, for the reasons set out in the Part II Register.
Conditions	As per report (Item 14).

Application:	TCP/24676
Details:	Sibden Works, Victoria Avenue, Shanklin, Isle of Wight, PO37 6PG Demolition of industrial buildings; construction of 7 town houses.
Additional Representations:	Letter from applicant.
Decision:	Deferred for a site visit.
Conditions	(item 15).

Application:	TCP/24742
Details:	28 Fieldfare Road, Newport, Isle Of Wight, PO30 5FH 2 storey extension to form dining room on ground floor with bedroom over (Revised plans).
Additional Representations:	None.
Decision:	Deferred for a site visit.
Conditions	(Item 16).

Application:	TCP/24763
Details:	Laurel Cottage, Town Lane, Chale Green, Ventnor, Isle Of Wight, PO38 2JS Demolition of dwelling; outline for a house (revised plans - readvertised application).
Additional Representations:	Two further letters from adjoining occupiers. In the light of the recommendation of the Council’s Tree and Landscape Officer that the proposal would have adverse effects on the landscape of the AONB and would be likely to prejudice the retention of trees which made a valuable contribution to the amenities of the area, the Planning Officer changed his recommendation from conditional approval to refusal, for the reasons set out below.
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register. (revised scheme)
Reasons:	The proposal by reason of its siting, would form an intrusive development, failing to protect and enhance the landscape quality of an Area of Outstanding Natural Beauty through the increased impact of built development and the likely loss of important tree cover in the area. The proposal would therefore be contrary to Policies C2 (Protection of Areas of Outstanding Natural Beauty), C12 (Development Affecting Trees and Woodland) and D1 (Standards of Design) of the Isle of Wight unitary development Plan. (Item 17).

Application:	TCP/24775
Details:	Daltons, 62 High Street, Shanklin, Isle Of Wight, PO37 6JN Change of use from gift shop to amusement arcade.
Additional Representations:	Consultation from the Council’s Licensing Officer.
Decision:	Deferred for a site visit.
Conditions	(Item 18).

Application:	TCP/24778
Details:	16b Sandown Road, Lake, Isle Of Wight, PO36 9JP Change of use from a dwelling to office accommodation.
Additional Representations:	None.
Decision:	Conditional planning permission, for the reasons set out in the Part II Register.
Conditions	As per report (Item 19).

(a) TCP/6387M - Outline for nineteen dwellings, land off Windsor Drive, Shanklin

(Mr I R Stephens declared a personal interest in this item as the Chairman of the Social Services, Housing and Benefits Select Committee).

Consideration was given to an amendment to the previous Committee resolution of building four units on the site and selling those on to a registered landlord at half price.

THAT to indicate, without prejudice to the final decision that the principle of the construction and selling off at half price to a registered landlord of the six affordable units at the former Halfway Service Station site would be acceptable in lieu of the provision of four units on site built and sold to a registered landlord. To resolve that the provision of four units on site or six units off site built and sold half price to a registered landlord is acceptable and to enter into a Section 106 Agreement accordingly.

(b) TCP/16974F - Unauthorised engineering operations at Pitts Farm, Main Road, Ningwood

The Committee gave consideration to the course of action to adopt in respect of land levels which had been artificially raised at Pitts Farm.

THAT no further action be taken regarding the Enforcement Notice authorised on 23 April 2002 and to accept that the condition and use of the site were now acceptable.

(c) TCP/23144J - Conversion of living quarters and remaining school rooms into ten (formerly 6) self-contained flats, alterations and extensions to improve facilities to theatre (reduced site area readvertised application), 22 Church Road and The Margaret Pasmore Theatre, Priory Road, Shanklin

Consideration was given as to whether the offer of £97,000 of investment and a Covenant not to demolish the theatre for a period of 21 years satisfied the Committee’s resolution taken on 2 April 2002 to :

1. Enter into a Section 106 agreement securing the use of the theatre by an appropriate contribution and mechanism for delivery.

2. Investigate the unlawful use of the remaining building which appeared to be used for residential purposes.

3. To voluntarily revoke the consent for the Travel Lodge and demolish the theatre without compensation.

THAT the applicant’s offer be rejected and the Resolution of 2 April 2002 be reaffirmed

That is to enter into a Section 106 Agreement securing the use of the theatre by an appropriate contribution and mechanism for delivery. Issue the permission for ten residential units providing no adverse comments are made in the public consultation period that would warrant reconsideration by the Planning Committee. Allow the applicant fourteen days to reconsider his position and if no satisfactory progress is made, bring the matter back to Committee with a likely recommendation for refusal.

(d) E/23401/D - Unauthorised construction of a boundary fence over 2 metres in height adjacent a highway at 3 Daish Way, Dodnor Industrial Estate, Newport

Consideration was given as to whether circumstances justified the service of an Enforcement Notice that required the removal of the boundary fence. The Committee believed that owner should submit a planning application for the retention of the fence or if one was not forthcoming than Enforcement Action should be taken.

THAT the owner be asked to submit an application within one month or Enforcement action would be taken.