URGENT BUSINESS

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE –

TUESDAY 27 AUGUST 2002

REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

TCP/06661G  Replacement of seawall, formation of slipway, jetty and outline for a pair of semi-detached dwellings with access served off Ranalagh Drive (revised plans), Aluminium Shipbuilders Limited, The Shipyard, Ashlake Copse Road, Fishbourne

Summary

To update Members on the situation following the service of the Breach of Condition Notice and to consider how the Local Planning Authority should respond to the breach on the basis that our interpretation is that the above mentioned conditional planning permission has been implemented.

Background

Members will recall that at the meeting on 16^th July 2002 a report informed Members of the circumstances which led to the service of the Breach of Condition Notice served on Aluminium Shipbuilders Ltd on the 12^th July 2002. The notice was served in respect of the failure to comply with three of the planning conditions imposed on the planning permission. The conditions relate to the new development being served by Ranalagh Drive; not Ashlake Copse Road. These are grampian conditions, that is they require actions off site before development commenced.

Subsequent to the service of the notice Aluminium Shipbuilders Ltd wrote to the Local Planning Authority on the 18^th July 2002 stating that the breach occurred because of the necessity for the contractor to bring in fill material to enable the replacement sea wall, slipway and jetty to become operational to fulfill a contract. They asked the Council to consider the temporary use of Ranalagh Drive for construction deliveries and made the commitment to repair the surface of Ashlake Copse Drive. They further stated their intent to comply with Condition 4 of the planning permission by opening up access via Ranalagh Drive once the other parties involved are in agreement.

The Council by letters dated 22^nd July 2002 and 5^th August 2002 respectively set out at length its position which, in summary, agreed to Aluminium Shipbuilders Ltd using Ranalagh Drive as an access for construction traffic for a temporary period to deliver ballast up to sixty loads over a two to three-day period in connection with the engineering works taking place on site. This temporary use was agreed by all parties concerned and has now ended. Although the developer was requested to update the Planning Office on the status of the negotiations to open up the Ranalagh Drive access no information has been forthcoming. The deadline for submitting the road surface details, undertaking the work and opening up the access was 9^th August 2002. No details have been submitted.

The current situation is that contractors are proceeding to complete the engineering works. At this moment in time the Enforcement Section is not aware of any construction traffic utilizing Ashlake Copse Road. However, other traffic associated with the operation of the business continues to use this established access and the surface condition remains unchanged. Access from Ranalagh Drive is still constrained by the owner of the access whose position is documented by a letter to the Council dated 24^th July 2002. In summary the owner maintains that Ranalagh Drive is a private drive to serve his house and one other residential property and not an access to the site the subject of this report, more recently known as Fishbourne Quay. At the present time there is no clear timescale for compliance with the conditions.

Financial Implications

None.

Options

1.        To prosecute Aluminium Shipbuilders Ltd for breach of condition numbers 4, 5 and 7 of the permission.

2.        Providing any construction traffic in connection with the engineering works uses Ranalagh Drive not Ashlake Copse Road, to invite, without prejudice, a planning application to vary the conditions of Outline Planning Permission TCP/6661/G so that compliance with these conditions 4, 5 and 7 relates specifically to the approved residential development only.

3.        Providing any construction traffic in connection with the engineering works uses Ranalagh Drive not Ashlake Copse Road, to take no further action at this time unless the developer begins to implement the residential development on the site.

Conclusion

The planning permission related to two specific elements, the replacement of the sea wall, a new slipway and jetty and outline planning permission for two residential units. Several grampian conditions were imposed which required actions before any element of the consent was implemented. The developer has started work on site on the engineering part of the project and consequently is technically in breach of the conditions.

Although a temporary solution to the access problems of construction traffic has been achieved, there still remains the need to resolve the long term use of Ranalagh Drive. This is the responsibility of the developer through negotiations with all the relevant parties and the local Member has already asked the Development Control Manager to contact the owner of Aluminium Shipbuilders, the owner of Ranalagh Drive and others in order to initiate such negotiations/discussions to find a solution.

In my view it was appropriate to serve the Breach of Condition Notice as this did result in negotiations and discontinuance of construction traffic using Ashlake Copse Road. I believe that the Authority should now invite an application to vary the access conditions so that the work required in connection with the completion/improvements of Ranalagh Drive are carried out before any commencement on site in connection with the residential element of the approved scheme. I believe that in the circumstances, the option of prosecution is unlikely to progress the matter and solve the problems.

M J A FISHER

Strategic Director

Corporate and Environment Services