PAPER B1

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE –

TUESDAY 27 AUGUST 2002

REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

This application was the subject of a report to this Committee at the meeting held on 6 August 2002. Members decided to grant permission; a decision contrary to the recommendation. This resolution was reached on the basis that any potential noise or disturbance problems could be controlled under environmental health legislation.

The Environmental Health Manager has expressed his concern about the "reasoning behind the decision". The matter was raised with Members at the last meeting of the Development Control Committee (Site Visits) on Friday 16 August 2002 when it was decided that the matter should be reconsidered at this meeting. Members are advised that the applicant has been notified about the intention to reconsider this application. The owner/occupier of the neighbouring property has also been notified.

The following report is identical to the one considered at the meeting held on 6 August 2002 but now includes extracts from the latest comments by the Environmental Health Manager who should be in attendance at the meeting.

Representations

Two letters of objection have been received from the occupier of the adjoining property at Shide Road, points of objection are summarised as follows;

Loss of amenity due to the close proximity of the Petanque area to the boundary.

Loss of privacy.

The interests of Highway Safety are compromised.

The Environment Agency has no objection in principle.

Council's Chief Environmental Protection Officer has made the following comments:

"As you are aware the Petanque terrain is already in position and in use and the current application is in retrospect. The terrain is situated a few feet from the boundary of the neighbouring domestic premises at 55 Shide Road and is positioned immediately beneath the bedroom window of those premises.

Whilst Petanque is not a particularly noisy game and, having observed a period of play, the players are not particularly noisy, there is a concentration of people (during my period of observation there were 12 people) all talking and generally enjoying themselves beneath the bedroom up to 11 pm at night. This can be very disturbing for the occupants of the domestic premises.

Whilst I would not go so far as to say this should not be a Petanque terrain at the Barley Mow I believe that the proposed/current position is unsuitable."

Post decision to grant approval but prior to the issue of the decision notice the Environmental Health Manager has written to express his concern about the decision to grant permission. He comments:

"I am very concerned at the reasoning behind the decision to allow the application. I understand that the Committee were of the opinion that we could use our legislation to overcome any problems that may arise from the proposed use. Whilst this is correct if a nuisance is caused, the problems may not always be serious enough or appropriate for us to take nuisance action."

"Most of the comments we make are designed to prevent disamenity (which is of less severity than a nuisance by our interpretation) and future complaints which invariably take up both your and my staff's time, mostly with no success."

"It was the former Chairman who pressed for us to increase our input at the planning stage in order that we can head off the difficult to deal with complaints and this recent decision (or rather the reasoning behind it) is a set back to all our efforts to date."

Highway Engineer's comments are awaited.

Evaluation

Application relates to the Barley Mow Public House situated on the northern side of Shide Road approximately 40 metres west of the junction with Blackwater Road.

The application can be divided into two elements firstly the retention of the Petanque area and secondly the retention of children's play equipment.

The Petanque area is shown to be located alongside the western boundary of the site, with the children's play equipment shown to be to the north of the Barley Mow.

Relevant policies are considered to be G10 and D1 of the Isle of Wight Unitary Development Plan.

G10 relates to the potential conflict between proposed development and existing surrounding uses and states that before granting planning permission for development the Council will take into account the potential for conflict between existing, adjoining or surrounding development and activities. Development proposals may be refused permission if they are considered incompatible with existing, adjoining or nearby activities. Policy D1 relates to standards of design and states the development will be permitted only where it maintains and wherever possible enhances the quality and character of the built environment and that it does not detract from the reasonable use and enjoyment of adjoining buildings.

Whilst it is appreciated that the Barley Mow is a public house with outdoor seating, the location of the Petanque terrain is considered to be an unneighbourly addition, detrimental to the residential occupier's amenity due to the close proximity to the boundary of the adjoining property where there are a number of windows on the south east elevation. In terms of the children's play equipment, the siting and design of the equipment are considered to be acceptable.

Whilst the current siting of the play equipment is considered to be in accordance with policy the application has to be considered in its entirety, the applicants have been given the option to relocate the Petanque terrain to an alternative site within the curtilage of the public house, this however was declined, the Council is unable in law to make a 'split' decision and I therefore recommend refusal. As the terrain is in place, I also consider it appropriate to recommend that Enforcement action is authorised to secure its removal, within a timescale of 3 months to comply.

Notwithstanding the decision taken at the last meeting the view remains that permission should be withheld and that this has been understood by the comments from the Environmental Health Manager. If Members have a difficulty with outright refusal, consideration could be given to the possibility of negotiations designed to overcome any adverse effect on the neighbouring property.

Reason for Recommendation

Having given due regard and appropriate weight to all material considerations outlined in this report I am of the opinion that the retention of the Petanque area in its current location is unneighbourly and intrusive development that is likely to adversely affect the amenities of the adjoining residential property, proposal therefore is contrary to Policies G10 (Potential conflict between proposed development and existing surrounding uses) and D1 (Standards of design) of the Isle of Wight Unitary Development Plan.

           1.        Recommendation -   Refusal

           2.        Recommendation -   Enforcement action is taken to ensure the removal of the Petanque area and a return of the land to its former condition with a three month period for compliance, and to also invite an application for the retention of the play equipment.

Conditions/Reasons:

M J A FISHER

Strategic Director

Corporate and Environment Services