Development Control Minutes 25 September 2001

MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 25 SEPTEMBER 2001 COMMENCING AT 6.00 PM

Present :

Mr J F Howe (Vice Chairman in the Chair), Mr B E Abraham, Mr A C Coburn, Mr J H Fleming, Mr E Fox, Mr C H Lillywhite, Mr V J Morey (deputising for Mr D J Knowles), Mr G P Price, Mr H Rees (deputising for Mrs M J Miller), Mr A A Taylor, Mr D G Williams (deputising for Mr A J Mellor) Mr Mr D T Yates

Also Present (non voting) :

Mrs B Lawson

Apologies :

Mr C B W Chapman, Mrs M A Jarman, Mr D J Knowles, Mr A J Mellor, Mrs M J Miller

28. RETIREMENT OF MR D JAGGAR

The Chairman reported that this was the last meeting of the Development Control Committee before Mr David Jaggar, Director of Environment Services, retired after many years of service.

Members paid tribute to Mr Jaggar and his work for the Authority. Mr Jaggar responded accordingly.

RESOLVED :

THAT the Committee wish Mr Jaggar a long and happy retirement.

29. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 14 September 2001 be confirmed.

30. DECLARATIONS OF INTEREST

Interests were declared in the following matters :

Mr A A Taylor declared a non-pecuniary interest in Minute 31 (b) (3) - Hayters Antique & Modern Furniture, 18-20 Cross Street, Ryde

Mr B E Abraham declared an interest in Minute 31 (b) (1) - Fernhill Stables, Fernhill, Wootton Bridge, Ryde

Mr E Fox declared a non pecuniary interest in 31 (a) - new appeal lodged regarding Long Lane, Plantation, Long Lane, Newport

31. REPORT OF THE DIRECTOR OF ENVIRONMENT SERVICES

(a) To consider any items deferred from the last meeting of the Committee and the Site Inspection meeting

TCP/2817M/P and TCPA/723E/P - Demolition of building; 3 storey building to provide a retail unit and a restaurant on ground floor with 6 flats on 1st floor and 4 flats on 2nd floor 37 Pyle Street, Newport, Isle Of Wight

Members were reminded that a site visit had taken place on 14 September after which Members had deferred the matter to enable Officers to negotiate with the applicants with a view to preparing an amended scheme. A meeting had taken place with the applicants local agent where the suggestion of negotiations had been declined. The applicant had requested that the applications be determined now as submitted.

RESOLVED :

THAT the applications be refused contrary to officer's recommendation. Members considered proposal unacceptable on grounds of the modernistic approach employed and flat roof design of the building, particularly having regard to location of the site within a conservation area and adjacent listed buildings.

(b) Schedule of Appeals

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

RESOLVED :

THAT the report be noted.

(c) Planning Applications and Related Matters

(i) Part II and Part III

Consideration was given to items 1 - 20 of the report of the Director of Environment Services.

RESOLVED :

THAT the applications be determined as detailed below :

Categories of applications considered and determined as detailed below :

Category Number	Decision
1	Conditional consent subject only to the statutory conditions.
2	Conditional planning permission, subject to the conditions set out in Part II Register.
3	Refusal of planning permission, for the reasons set out in the Part II Register.
4	Deferred for a site inspection by the Planning Committee.
5	Deferred at the request of the applicant/agent.
6	Deferred at officer's request.
7	Deferred for further information.
8	Deferred to the next meeting of the Committee.
9	Withdrawn by the applicant.
10	Deferred for further negotiations.
11	Deferred for a 'cooling off' period following approval contrary to officer's recommendation.
12	Deferred for a 'cooling off' period following refusal contrary to officer's recommendation.
13	Deferred for readvertising.

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 was drawn to the attention of Members when considering the application. A note is made to this effect in the minutes.

Report and Application Number	Description of Application	Decision of Application
PART II
1. TCP/00583/A	Alterations and change of use from builders store to a dwelling and builders store Fernhill Stables, Fernhill, Wootton Bridge, Ryde, Isle of Wight	4
2. TCP/23534	Construction of four lakes for fish rearing (revised scheme) (readvertised application) Combley Farm, Downend, Newport, Isle Of Wight, PO30 2NY	2 (Revised plans). Archaeological condition to be added.
PART III
3. TCP/00702/L	Demolition of building; construction of two blocks comprising a four storey block incorporating three shops/office units on the Cross Street frontage and including retention of part of facade, three storey block at rear of premises to include a total of one house, 24 flats and four maisonettes; pedestrian access from Cross Street & George Street Car Park Hayters Antique and Modern Furniture, 18-20 Cross Street, Ryde, Isle Of Wight, PO33 2AD	6
4. TCP/05522/W	Bungalow with garage land adjacent 34, Castle Close, Ventnor, Isle of Wight	2 (Covering letter to accompany decision notice advising that damaging a seasonal badger sett would be an offence under the Badgers Act 1992 and consultations should be carried out with an English Nature Badger Worker before development commences). The local member supported the application.
5. TCP/06259/R	Outline for bungalow and garage land adjacent The Links, Afton Down, Freshwater, Isle of from the	3 Comments from the National Trust were reported together one additional letter from a local resident.
6. TCP/10727/J	Continued use of site as contractors compound in connection with cable &and wireless former fuel depot, West Medina Mills, Stag Lane, Newport, Isle of Wight	3 Five additional letters had been received. That enforcement action be authorised requiring the company to cease their operations at Stag Lane removing their equipment and portakabins from the site with a time period for compliance of three months from when the notice takes effect. That a letter be sent to the applicant indicating the Local Planning Authority's desire to work with them to identify a more appropriate site as a base for their operations on the Island. Applicant be advised that until such time as they vacate the present site, every effort should be made to ensure that the site and its surroundings are maintained in a tidy condition including the disposal of litter.
7. TCP/11993/J	Single storey extension to form sun lounge and provision of balcony at 1st floor level (revised plans) 7a High Street, Wootton Bridge, Ryde, Isle Of Wight, PO33 4PF	2 (Revised plans).
8. TCP/13682/C	Conversion of workshop/storage building to form a dwelling workshop/storage building, Prospect Farm, Gunville Road, Newport, Isle of Wight	3
9. TCP/20758/C	Renewal: Detached house; formation of vehicular and pedestrian access (readvertised application - revised description) land adjoining Albert House (formerly Crossways), Bunkers Lane, Rookley, Ventnor, Isle of Wight	2
10. TCPL/21736/B	Demolition of lean-to structure; single storey extension to form conservatory, utility room and WC Great Briddlesford Farm, Wootton Bridge, Ryde, Isle Of Wight, PO33 4SA	4
11. LBC/21736/C	LBC for demolition of lean-to structure; single storey extension to form conservatory, utility room and WC Great Briddlesford Farm, Wootton Bridge, Ryde, Isle Of Wight, PO33 4SA	4
12. TCP/24134	Conversion of workshop/garages into 5 houses workshop/garages off, Brook Road, Shanklin, Isle of Wight	9
13. TCP/24167	Demolition of storage building; 3 storey block of 6 flats; terrace of 3 houses 65, Crocker Street, Newport, Isle of Wight	2 (Revised plans). Additional conditions required.
14. TCPL/24209	Change of use from jewellery workshop to form café Island Jewellery Workshop, 20a Esplanade, Ryde, Isle Of Wight, PO33 2DZ	2 That a letter be sent to the applicant advising him of detailed comments of the Environmental Health Officer.
15. LBC/24209/A	LBC for internal alterations in connection with change of use from jewellery workshop to form café Island Jewellery Workshop, 20a Esplanade, Ryde, Isle Of Wight, PO33 2DZ	2 That a letter be sent to the applicant advising him of detailed comments of the Environmental Health Officer.
16. TCP/24210	Proposed 2 storey extension to form lounge, shower room and bedroom at ground floor level and 2 bedrooms at 1st floor Bradley, St. Johns Road, Wroxall, Ventnor, Isle Of Wight, PO38 3EH	2 (Revised plans). Four letters of support had been received. Parish Council had raised objections relating to the size and over development of the site.
17. TCP/24212	Alterations and 2 storey extension to form 4 flats and convert 2 shops into one shop 89-91, Perowne Way, Sandown, Isle of Wight	2
18. TCP/24242	Retention of vehicular access Clifton, Institute Hill, Niton, Ventnor, Isle of Wight, PO38 2BA	3 That enforcement proceedings are authorised requiring the reconstruction of the boundary wall in appropriate materials, so as to close the unauthorised access with three months for compliance from the date when the Enforcement Notice becomes effective.
19. TCP/24246	Outline for detached house; formation of vehicular access land adjacent 5, St. Johns Crescent, Sandown, Isle of Wight	2 Additional conditions to be added.
20. PNP/24315	Prior Notification for telecommunications installation comprising 15m high monopole supporting 3 crosspolar antennae and 2 microwave dishes; associated equipment cabin and meter cabinet; 1.3m high stock fencing and access gate, 1.8m high security fencing and access gate part OS Parcel 5359 west of Queenbower Dairy, Alverstone Road, Queen Bower, Sandown, Isle of Wight	2

(ii) Part IV - Items Other Than Current Issues

a) U/306/01 - Change of use of agricultural land by the siting of a caravan unconnected with this use, land at Alverstone Marshes, on south side of cycle track approximately 550 metres west of Golf Links Road, Sandown

Consideration was given as to whether the circumstances relating to the siting of a caravan on land at Alverstone Marshes, on south side of cycle track approximately 550 metres west of Golf Links Road, Sandown justified the service of an Enforcement Notice requiring its removal.

RESOLVED :

THAT an Enforcement Notice be served requiring the removal of the caravan from the land if it remains in situ after 1 October 2001. Time period for compliance - one month.

(b) TCP/6387M - Outline for nineteen dwellings, land off Windsor Drive, Shanklin Section 106 Agreement

Members considered a variation in the requirements of the Section 106 Agreement for nineteen dwellings at land off Windsor Drive, Shanklin. Members were concerned that through the passage of time �135,000 had been diminished in value and that if staggered payments were agreeable then this should be done on an interest rate basis A suggestion was made of base rate plus interest.

RESOLVED :

THAT further revisions be suggested as deemed appropriate.

(d) TCP/21713C - Continued use of contractor's working area, Mill Lane, Binfield, Newport

Members considered whether or not to continue with the enforcement action in the light of a review of the circumstances concerned. A letter had been received from a local resident.

RESOLVED :

THAT it be acknowledged that the existing planning consent did not tie the nature of the occupant sufficiently to enable the Local Planning Authority to take action against the current electrical contractor and therefore to hold back from serving any further Planning Contravention Notice or an Enforcement Notice.

(e) TCP/22915 - Alterations and conversion of dwelling to form two flats including an external staircase, extension to form garage, 3 Bellevue Road, Cowes

Consideration was given to the remedy being offered by the owner of 3 Bellevue Road, Cowes ensuring no access could be achieved to an existing flat roof at first floor level for use as a balcony. The remedy being offered related to one of three requirements contained in an Enforcement Notice covering the unauthorised use of the flat roof as a balcony, contrary to a specific planning condition (No. 4) attached to the above mentioned planning consent.

The remedy being offered related to the fitting of balustrading across the former window opening fitted flush with the wall and to bar any access to the flat roof. In affixing this balustrading, the owner wished to retain the double doors which had been inserted contrary again, to the planning consent and not reinstate the original window.

RESOLVED :

THAT the affixing of a balustrade across the opening, fitted flush with the wall and to have minimum 100 mm gaps between the vertical balusters with such balustrading to ensure no pedestrian access can be achieved to the flat roof be accepted. In providing such balustrading, the owner will retain the double doors which have been inserted contrary to the planning consent and not reinstate the original window.

(f) TCP/20425p - Temporary Contractors Offices and Contractors Compound, at St Cross Business Park, Newport

Consideration was given as to whether circumstances justified the service of an Enforcement Notice requiring the removal of the contractor's offices and storage depot from St Cross Business Park, Newport.

RESOLVED :

THAT a Planning Contravention Notice be served seeking further information relating to the nature of the use of the compound and office facility and then to consider whether the circumstances justify the service of an Enforcement Notice on one or both of the facilities. Time period for compliance - three months.

CHAIRMAN