MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 27 NOVEMBER 2001 COMMENCING AT 6.00 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, Mr D J Knowles, Mr C H Lillywhite, Mr A J Mellor, Mr V J Morey, Mr H Rees (deputising for Mrs M A Jarman), Mr A A Taylor, Mr D T Yates

Apologies :

Mrs M A Jarman

Also Present (non voting) :

Mrs B E Foster, Mr P D Joyce, Mr A J Mundy, Mrs S A Smart, Mr A T Tiltman

RESOLVED :

THAT the Minutes of the meeting held on 16 November 2001 be confirmed.

54. DECLARATIONS OF INTEREST

Interests were declared in the following matters :

Mr A A Taylor and Mr B E Abraham declared a non pecuniary interest in Minute 56 (e) (ii) © - Busy Bee Garden Centre, Brading Road, Ryde.

Mr B E Abraham declared a non pecuniary interest in Minute 56 (e) (i) 12 - Riverside Caravan Park, Avenue Road, Sandown and a pecuniary interest in Minute 56 (e) (i) 20 - Kite Hill Farm, Kite Hill, Wootton Bridge.

Mrs M Kirkman, Senior Solicitor declared a non pecuniary interest in Minute 56 (e) (i) 15 - Wyverns, Calbourne Road, Newport.

55. PUBLIC QUESTION TIME

Mrs E Heslop of Anemoen, Moreton Old Road, Brading asked a question in relation to Brading Roman Villa, Brading (PQ 48/01)

A copy of the question and reply is contained in the Public Question Register.

56. REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

(a) TCP/10505/F - Outline for 71 houses (comprising terrace, semi-detached and detached) and 23 flats with access off High Street, (readvertised application - revised plans) site of former Scrap Yard, High Street, Oakfield, Ryde

Members were advised that the application site related to the north west side of the High Street, Oakfield and had been allocated for residential development since 1988. The application was for 94 units to comprise of 71 houses and 23 flats, 50% of which would be affordable housing for rent. The access road would be provided solely off the High Street and be designed with right angle bends so to provide natural traffic calming with a 20 mph speed limit. Provision for a play area had been made.

Decontamination of the whole site was being carried out. It was explained that a diaphragm wall would be constructed and how this would work. A 6 metre buffer strip would also be retained.

The Strategic Director outlined drainage issues related to the site and reported on the comments received from Southern Water and the Environment Agency. Members discussed the amount of run off from the site into Monktonmead Brook but felt there had been conflicting advice from the Environment Agency regarding the rate of flow off the site. The Committee believed that a Legal Agreement should be entered into which required a negotiated financial contribution from the developer to enable the pumps at Monktonmead to be upgraded to help alleviate any future threat of flooding within the flood plain area along the length of Monktonmead Brook. Contrary to officers advice members instructed that a contribution to enhance the pump at Monktonmead should be negotiated.

RESOLVED :

THAT the conditional outline planning permission be approved subject to the developer entering into a Legal Agreement requiring them to make a negotiated financial contribution for the upgrading of the pumps at the seaward end of Monktonmead Brook to held alleviate any future threat of flooding within the flood plain area along the length of Monktonmead Brook.

(b) TCP/10996X - Proposed amendments to extant consent in respect of 'L' shaped block of 33 apartments fronting Granville Bridge Road and Denmark Road, Cowes

The Strategic Director reported on a request to agree a package of amendments to an extant scheme, that had originally been approved in March 1989. The scheme was amended in 1991 when Griffin House was built on the site. Counsels advice had been sought and was of the opinion that the consent remained extant. The Council's Senior Solicitor advised members that they could only consider whether to accept the changes as a minor amendment and were not determining the whole application.

The local member was unable to attend the meeting but his comments were read out. 59 letters had been sent out and Cowes Town Council had been consulted. Comments from the consultation were outlined.

RESOLVED :

(i) THAT with the exception of the additional windows in the north facing elevation of block B and the proposed siting of the substation, it be accepted as an amendment to the extant consent under TCP/10996SM/6427 where it relates to the 'L' shaped block of 33 apartments fronting Granville Bridge Road and Denmark Road in accordance with the amended plans as itemised below :

Drawing No. 804/01 Revision C - scheme design.

Drawing No. 804/04 - floor plans - Block A.

Drawing No. 804/05 - floor plans - Block B.

Drawing No. 804/10 - detailed elevations - courtyard.

Drawing No. 804/11 - west elevation from Granville Bridge Road and south elevation from Denmark Road.

Drawing No. 804/12 - north elevation and Block B - third floor plans.

Drawing No. 804/13 - west elevation/street scene from Granville Bridge Road and south elevation from Denmark Road.

(ii) THAT a letter be sent to the developers advising that due regard has to be paid to issues such as ground stability, surface water drainage, construction traffic and site working hours.

(iii) THAT a formal request be made to the Environment and Transport Select Committee asking for an urgent review of public parking issues in Cowes.

(c) TCP/22646 - Outline for non-food units with associated parking and service areas and access road of Riverway, land north of Medina Way, east of Riverway and between Hurstake Road and The Quay, Newport

TCP/22630C - Outline for non-food retail unit with associated parking and access, Premier Ford, Riverway, Newport

Members were reminded that the applications had been to the Development Control Committee on 8 November 2001. At that meeting it was decided to defer the applications to allow the applicants the opportunity of providing additional retail analysis following the decision to approve the B & Q retail unit on land t the Isle of Wight College. Analysis of the policy, need, sequential approach and accessibility were considered and it was anticipated that only one of the schemes was needed.

Any subdivision of the units should be no smaller than 10,000 square feet. The Strategic Director indicated that the overall cost of the pedestrian/cycleway link to Little London was anticipated to be in the region of �92,000. The applicants agent indicated that they would prefer the matter to be dealt with by a contribution for that amount. Members believed that it would be preferable for the developer to undertake the works. A contribution of �8,000 would be made to public art and �28,000 to offsite sustainable transport works. There was some discussion with regard to traffic generation and safety in the area.

RESOLVED :

(i) THAT application TCP/22646 outline for non-food units with associated parking and service areas and access road of Riverway, land north of Medina Way, east of Riverway and between Hurstake Road and The Quay, Newport be approved subject to a Legal Agreement regarding a contribution of �8,000 to public art and �28,000 to offsite sustainable transport works, payable prior to commencement of the works approved and conditions to ensure the provision of cycle/pedestrian links from the site to Little London and Riverside prior to occupation of the retail units, which must be no smaller than 929 square metres floor area.

(ii) THAT application TCP/22630C outline for non-food retail unit with associated parking and access, Premier Ford, Riverway, Newport be refused.

(d) Schedule of Appeals

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

RESOLVED :

THAT the report be noted.

(e) Planning Applications and Related Matters

(i) Part II and Part III

Consideration was given to items 1 - 32 of the report of the Strategic Director of Corporate and Environment Services.

RESOLVED :

THAT the applications be determined as detailed below :

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

(ii) Part IV - Items Other Than Current Issues

(a) TCP/1086G - Construction of refuse storage area, new flats at 87 Regent Street, Shanklin

To ratify the siting of a refuse bin store required to comply with condition attached to planning approval for the above development.

RESOLVED :

THAT To ratify the Local Planning Authority's advice to the developer to agree the siting of the bin store in the south western corner of the courtyard.

(b) TCP/4720R - Allegation of untidy land at 33 Orchard Road, Shanklin

Consideration was given as to whether the condition of land at 33 Orchard Road, Shanklin justified the service of a Notice under Section 215 of the Town and Country Planning Act 1990, which would require the clearance of weeds, brambles and trees from the land because of their adverse effect on the amenities of the area.

RESOLVED :

THAT a Notice under Section 215 of the Town and Country Planning Act 1990 be served requiring the removal of the weeds, brambles and self-seeded trees. Time for compliance - two months after the notice takes effect.

(c) TCP/22187A - Relocated polytunnels, erection of three polytunnels, Busy Bee Garden Centre, Brading Road, Ryde

(Mr B E Abraham and Mr A A Taylor declared a non pecuniary interest in this item).

Members gave consideration to the taking of enforcement action to effectively under-enforce against the development described above.

RESOLVED :

THAT an appropriate notice be served to under-enforce requiring that the development shall not be used for retail purposes and shall be an ancillary use and shall be kept in a good order with regard to the fabric of the polytunnels.

(d) TCP/24163 - The depositing and spreading of soil and subsoil, land on the north side of Westhill Lane adjacent boundary to Fort Victoria Country Park, Freshwater

Consideration was given to a request by prospective purchasers of the land to delay any action relating to compliance with the Enforcement Office until Easter 2002.

RESOLVED :

THAT the request be noted and subject to monitoring the situation to ensure that their purchase goes through, to suspend any prosecution for failing to comply with the enforcement notice until after 31 March 2002.

(e) Proposed Article 4 (2) Direction in respect of Nos. 21-63 (odd/inclusive), Carisbrooke Road, Newport

Members were reminded of the Article 4 (2) Direction which had been approved at the Development Control Committee meeting held on 14 August 2001. The purpose of the Direction was to preserve the properties in Carisbrooke Road, Newport which were recognised for their positive contribution to the character and appearance of the area. The Direction itself enabled the Local Authority to withdraw permitted development rights for a prescribed range of development materially affecting some aspects of the external appearance of a dwelling house.

The Local Authority had served a Direction on the properties on 21 September 2001. The Local Authority was obliged to give 21 days for representations and has received no adverse comments. Members noted they were able to review the Direction totally or in part, following the consultation period before confirming the decision.

In order for the Direction to remain in force, it was now necessary for the Committee to confirm the Direction within the six month period.

RESOLVED :

THAT the Article 4 (2) Direction be confirmed.

CHAIRMAN