2.

TCP/06487/K   P/00380/01  Parish/Name:  Niton

Registration Date:  08/03/2001  -  Outline Planning Permission

Officer:  Mr. A. Pegram           Tel:  (01983) 823566

 

Outline for residential development of 14 houses;  associated parking & access road, (revised layout), (readvertised application) 

site of Niton Garage and land rear of Ivy Cottage and 1 and 2  Alma Cottage, Newport Road, Niton, Ventnor, PO38 2DF

 

This application was the subject of a report to this Committee at the meeting held on 5 June 2002 where Members resolved to defer the application pending receipt of additional information regarding capacity of sewerage system in Newport Road.

 

Additional information incorporated into the report since the decision for Members to inspect the site, is set out in bold below.

 

Site and Location

 

Application relates to Niton Garage and land to rear, located on western side of Newport Road approximately 125 metres north of its junction with Church Street and Rectory Road.  Site comprises commercial garage premises and adjoining land which presently forms part of curtilage to bungalow to rear of garage.

 

Application site, as defined on submitted plans, has frontage to Newport Road of approximately 30 metres and maximum depth of approximately 140 metres.  Site varies in width between approximately 15 metres at its narrowest to 32 metres at its widest point and is bounded to north east by gardens to properties fronting Newport Road, to north west by open fields and to south west by Downside Avenue which runs virtually full length of boundary to site.  Ground falls gently towards Newport Road.

 

Relevant History

 

An application seeking outline planning permission for three dwellings with access off Downside Avenue was refused in July 1979 on grounds that site, by reason of its restricted depth was unsuitable for the development proposed and would result in cramped appearance out of character with other development in the locality, resulting in overdevelopment.

 

Application seeking outline planning permission for two dwellings with access off Downside Avenue was conditionally approved in July 1986.

 

These applications involved areas of land equating to approximately one half and one third respectively of the area the subject of the current application, located towards rear of site.

 

Details of Application

 

Original submission sought outline planning permission for 15 houses with siting and access to be considered at this stage and all other detailed matters reserved for subsequent approval.  Submitted plans showed majority of proposed dwellings, comprising both semi-detached and detached units, running along south western boundary of site, flanked on one side by Downside Avenue and to the other by the proposed access road serving the development, with four further dwellings arranged around turning area at north western end of site.  Proposal involved demolition of the garage premises and the bungalow to the rear.  Submitted plans indicated that each dwelling would have parking for at least one car.  Revised plans were subsequently submitted showing slight alterations to layout of dwellings, increasing number along south western side of site and rearranging those around the turning area at north western end of site.

 

Following discussions with applicant's agent, scheme was significantly revised and further plans submitted showing alterations to the layout and the type of dwellings to be provided.  Revised plans showed total of 14 dwellings comprising pair of semi-detached properties fronting Newport Road and terrace of three dwellings with car parking at south eastern end of site, retention of existing bungalow and terraced/mews style development of nine dwellings at north western end of site.  In addition, submitted plans show two structures located adjacent south western boundary providing covered parking for ten vehicles.  Furthermore, plans indicate that off street parking would be provided, accessed off road within the development, to serve three existing properties which front Newport Road.

 

Development Plan Zoning and/or Policy

 

Planning Policy Guidance Note 3 - Housing, sets out Government's policies and provides guidance on a range of issues relating to the provision of housing.  In particular, it emphasises that the Government is committed to promoting more sustainable patterns of development and minimising the amount of greenfield land being taken for development.  This can be achieved by employing a range of measures, including concentrating most additional housing development within urban areas and making more efficient use of land by maximising the re-use of existing buildings.  Guidance Note indicates that national target is that by 2008 60% of additional housing should be provided on previously developed land and through conversions of existing buildings.

 

Site is shown on Unitary Development Plan to be within development envelope for Niton.  Relevant policies of the Plan are considered to be as follows:

 

S1 - New development will be concentrated within existing urban areas.

 

S2 - Development will be encouraged on land which has been previously developed (brown field sites), rather than undeveloped (greenfield) sites.

 

S6 - All development will be expected to be of a high standard of design.

 

S7 - There is a need to provide for the development of at least 8,000 housing units over the Plan period.  While a large proportion of this development will occur on sites with existing allocations or planning approvals, or on currently unidentified sites, enough new land will be allocated to enable this target to be met and to provide a range of choice and affordability.

 

G1 - Development Envelopes for Towns and Villages.

 

G4 - General Locational Criteria for Development.

 

D1 - Standards of Design.

 

D2 - Standards for Development Within the Site.

 

H4 - Unallocated Residential Development to be Restricted to Defined Settlements.

 

TR6 - Cycling and Walking.

 

TR7 - Highway Consideration for New Development.

 

The survey work undertaken in connection with the Urban Capacity Study identifies the site as having potential for development.

 

Representations

 

Comments have been received from local Member as follows:

 

"I am supporting the comments raised by the objectors to this application.  Niton is a village and does not need further residential development, there is not a perceived need for housing, there are many houses for sale in the area, the need for housing on the Island is for low cost housing to assist with the homeless problem, so many houses on this site will lead to many residents being overlooked and their privacy invaded.

 

Before deciding this application, I ask that a site visit be made in order for Members to acquaint themselves with the layout of the site, also the Newport Road onto which vehicles would have to exit the site, already Niton is overloaded with cars and coaches because of the Undercliff Road being out of use, any further vehicles will only exacerbate the problem."

 

In their initial comments Niton and Whitwell Parish Council expressed view that this was an important application in terms of the size of the village and recommended that a site inspection should take place.  Following revision of the scheme and further consultations with the Parish Council, further comments have been received from them recommending refusal to application on grounds of overdevelopment of site and effects of off-street parking on the surrounding area.

 

Further comments have been received from the Parish Council maintaining their objection to proposal.

 

Highway Engineer has been involved in considerable discussions regarding this scheme, and following initial opposition on highway design and safety grounds, has agreed that the revised scheme now put forward for determination is acceptable to him, providing conditions are imposed, including a "grampian" condition requiring the provision of a dedicated footway within highway land between the site and Niton village centre.

 

Council's Assistant Ecology Officer has visited site and has found evidence of badgers entering the site.  She advises that there is a worn track about halfway along the rear boundary and the grassed areas would provide a suitable foraging habitat.  However, she advised that the site itself does not appear to be suitable for a sett and no sett was obvious in the field behind the garage.  It is the sett which is protected from disturbance, not foraging areas, and she did not think that level of activity observed was likely to create a problem for development of the site.  With regard to the other species referred to by objectors, she advises that slow-worms are a protected species under the Wildlife and Countryside Act and if approval is recommended, it should be subject to a condition requiring the removal of the slow-worms from the site to a suitable habitat elsewhere prior to work commencing on site.  She does not consider site provides suitable habitat for Great Crested Newts.

 

Principal Environmental Health Officer and Contaminated Land Officer have recommended conditions, should application be approved, to deal with potential contamination of the site.

 

Housing Initiative Officer draws attention to requirements of PPG3 and policy H14 of the UDP and required threshold to trigger socially affordable housing on the site.  In this instance, proposed development would attract requirement for provision of 2.8 units of affordable housing.

 

Isle of Wight Fire and Rescue Service consider proposal to be satisfactory subject to decommissioning of existing petrol filling station in compliance with the current requirements of Health and Safety Executives and Fire and Rescue Service.  He indicates that written notification is required before any such works commence.

 

Total of 26 letters were received from local residents (some households submitting more than one letter) in respect of original submission and first minor revision to scheme, objecting to proposal on grounds which can be summarised as follows:

 

Loss of privacy - provision of fewer houses or bungalows may be possibility.

 

Increased traffic generation - potential hazard to pedestrians particularly children due to lack of pavement in area. View was expressed that garage does not generate significant levels of traffic.

 

Site is used by badgers.  In addition, other wildlife including foxes, weasels, stoats, bats, barn owls, sparrow hawks, woodpeckers, frogs, newts, slow worms, pheasants and other birds are present in the area.  Development would have adverse impact on wildlife.

 

Development would detract from outlook of adjacent properties.

 

Proposal is contrary to policy of maintaining greenbelt land within a rural area.

 

Development would be threat to safety of cattle in adjacent fields.

 

Site is accessed off busy public highway of inadequate width and with very limited visibility.

 

Downside Avenue adjacent site is private road which should remain so.

 

High density development out of keeping with character of village and will detract from rural character of area.

 

Development of site should reflect other developments which took place in village during 60's, 70's and 80's.

 

Access road is of inadequate width.

 

Garden area to properties are almost non-existent.

 

Development would adversely affect already poor visibility at junction of Downside Avenue and Newport Road.

 

Parking and turning areas on development are minimal likely to lead to on-street parking in adjacent roads.

 

Overdevelopment.

 

Loss of local amenity within village i.e. the garage.

 

No indication of type of boundary treatment to be provided between site and Downside Avenue.

 

One objector indicated no objection to principle of residential development on site and, having regard to unattractive appearance of garage premises, development could improve appearance of site.  Concern was also expressed by one objector that only one household in Downside Avenue was notified about proposal giving little opportunity for people to comment. 

 

Letter was received from adjacent property owner advising no objection to development of site if it is done in an imaginative way and in a style that reflects character of area and comments that access road should be positioned so as not to prejudice future development of adjoining garden areas.

 

Following receipt of further plans, revised scheme was publicised in local press and by display of a site notice and adjoining owner/occupiers and those who had submitted representations were notified accordingly.  As a result of this exercise, a further eight letters were received objecting to proposal raising additional issues as follows:

 

Facilities in village e.g. shop are not sufficient to service extra families.

 

There are many empty and second homes in area - no need for further building.

 

Covered parking and higher fencing will detract from outlook of adjacent property.

 

Lower number of single storey buildings would blend with area better - current proposal seems to be heading towards Housing Association type development.       

 

Houses would be unsightly and overbearing due to rising ground.

 

Development would lead to increase in foul and surface water drainage.  In heavy rain flooding already occurs at crossroads at bottom of Newport Road.

 

In addition, following publicity of revised scheme, three letters were received in support of proposal raising following issues:

 

Proposal will improve an architecturally ugly part of an attractive village.

 

Proposal will encourage new residents in the village and contribute to life of its community.

 

Site is close to village and will not encroach onto surrounding agricultural land.

 

Design has taken account of possible dangers that could occur.

 

Removal of garage premises will result in reduction of traffic, particularly lorries, delivery vans etc.

 

Evaluation

 

Determining factors in considering application are whether development of site for residential purposes is acceptable in principle, whether number of houses proposed and general layout as indicated on submitted plans would detract from character of area and amenities of neighbouring occupiers and whether proposal would give rise to unacceptable highway hazard.

 

Whilst site is not allocated for residential purposes, it is located within the development envelope.  Policy S7 of the Isle of Wight Unitary Development Plan identifies a need for at least 8,000 housing units over the Plan period and, in addition to previously identified sites and new land allocated in the Plan, this demand will also be satisfied by developing currently unidentified sites.  Site is not located within a greenbelt, as suggested by an objector and, having regard to its location within the development envelope, is not considered to be countryside.  I consider that proposal, involving development of a brown field site, is consistent with the aims of Policy S7 and the provisions of PPG3 which encourages development of such sites in order to relieve pressure on greenfield sites.  Having regard to these factors, I do not consider there to be any objection in principle to development of site for residential purposes.

 

Original proposal involving row of houses flanked by access road to the development on one side and Downside Avenue to the other was considered to be unacceptable, resulting in a poor arrangement likely to prejudice the amenities of future occupants of the dwellings. I would agree with the view expressed by the Highway Engineer in his initial comments that the most logical way of developing this site would involve properties fronting onto and with access from Downside Avenue.  Therefore, applicant's agent was advised to investigate feasibility of such a proposal.  However, Downside Avenue is a private road and I am advised by the applicant's agent that, despite lengthy negotiations and discussions with residents, he has been unable to reach agreement with them over use of Downside Avenue to access the development.  Nevertheless, this would not provide justification for allowing development which is of sub-standard or poor layout.  Therefore, further negotiations were undertaken with applicant's agent to overcome the planning objections to the proposal, namely the poor layout of the development and to address the concerns of the Highway Engineer.

 

Further plans were subsequently submitted showing a revised layout for 14 dwellings incorporating semi-detached and terraced properties.  Objectors have suggested that site could be developed with a smaller number of single storey dwellings or should be similar to development which took place in the village during the 60's, 70's and 80's.  However, I consider that, subject to appropriate design and elevational treatment, the development of the site in the form shown on the revised plans would reflect the more traditional cottage architecture found within the village.  Furthermore, if full advantage is taken of the fall of the land, the dwellings, and particularly those to the north western end of the site, could be stepped to create an interesting design and appearance.  In this respect, Policy D1 of the Unitary Development Plan seeks to ensure that development maintains, or wherever possible enhances the quality and character of the built environment and planning applications will be expected to show a good quality of design and conform with the criteria set out in the policy, including respecting the visual integrity of the site and the distinctiveness of the surrounding area.  In this instance, I consider that proposal provides opportunity to develop site in a fashion which would be complimentary to and sympathetic with the surrounding development providing a sense of place.

 

With regard to highway considerations, revised scheme incorporates layout and, in particular, visibility and road geometry at junction of access road and Newport Road which are acceptable to the Highway Engineer.  Furthermore, following submission of additional information in respect of levels through access road, he is satisfied that acceptable gradients can be achieved.

 

 

It is accepted that Newport Road is relatively narrow and, whilst some lengths of footway have been constructed by the Council, at present, there is no continuous footway link between the application site and the centre of the village.  Provision of such a facility would involve areas of land outside the control of the applicant.  However, submitted plans indicate that a footway would be provided across the entire frontage of the application site.  I consider that provision of footway across frontage of application site would improve visibility from junction of Downside Avenue and Newport Road in a northerly direction thereby benefitting existing residents.  Existing footway to south of site, beyond junction of Downside Avenue and Newport Road, continues along western side of road for a distance of approximately 40 metres before terminating.  Section of highway having distance of approximately 45 metres from this point to the existing pavement outside retail premises on corner of Newport Road and Rectory Road has no footway.  Following site meeting attended by applicant's agent and Highway Engineer, it has been established that continuous footway link could be provided by creating a pinch point/safe haven at point where pavement on western side of road terminates, providing a crossing point to opposite side of road where a pedestrian area would be marked out along the eastern side of the carriageway.  I am satisfied that provision of this facility would achieve a significant community benefit and can be secured by imposition of condition recommended by Highway Engineer, should Members be minded to approve the application. 

 

In terms of impact on neighbouring occupiers, I consider that any overlooking and loss of privacy from the development can be kept to minimum with careful consideration regarding positioning of windows within dwellings.  In this respect, direct overlooking of properties to north of site is likely to be restricted to area of garden furthest from the dwellings and I do not consider that this would provide a sustainable reason for refusal.  Similarly, amenities of property immediately adjacent site within Downside Avenue could be protected with appropriate boundary treatment and, again, careful positioning of windows within nearest dwelling.

 

Concern has been expressed that proposal would result in loss of valuable facility to the village, namely the garage premises.  In this respect, it is understood that owner of garage has now ceased to sell petrol and premises are used solely for servicing/repair of vehicles.  These services are also provided by garage premises to south of village, at bottom of Barrack Shute.  Therefore, I do not consider that refusal on grounds of loss of the garage facilities would be justified.  It has also been suggested that existing facilities within the village, e.g. village shop, are inadequate to cater for additional housing.  However, it could be argued that provision of additional housing would provide additional trade for these facilities thereby improving their viability or enabling existing businesses to expand.

 

Following consultations with the Council's Assistant Ecology Officer, I am satisfied that development will not have adverse impact on wildlife within the area, and in particular, protected species such as badgers.  Following these consultations, it is understood that there is no badger sett within or near the site and whilst it may be used for foraging, this would not preclude development.  Furthermore, I am satisfied that characteristics of site are such that it would not support a wide diversity of wildlife or that which is present would necessarily prevent development.

 

Applicants agent has provided letter from engineers dealing with issue of foul and surface water drainage.  The engineers advise that they have carried out a preliminary assessment of the drainage requirements of the proposed development and have also requested that Southern Water carry out a hydraulic analysis of the existing sewerage system so that the down-flow section of the Newport Road and Rectory Road drainage system, which comprises a 175 mm diameter pipe with significant falls due to the topography of the area, can be confirmed as being sufficient in capacity to accept flows from the development.  Notwithstanding this exercise, they express the view that the increase in flow arising from the development will be low in relation to the overall flows currently catered for by the existing system and it is unlikely that it would be found to be inadequate.

 

With regard to storm water flows, the engineer advises that these can either be disposed of to soakaways which, given the granular nature of the underlying soils, he considers would be acceptable or, if capacity permits, the development could be connected to the existing storm water drainage in Newport Road, subject to detailed design considerations which may possibly require the installation of an attenuation system to regulate outflow from the development during times of high rainfall.

 

Further information has been received from consulting engineers and surveyors acting on behalf of applicant addressing in greater detail matters relating to disposal of foul water and surface water from the development.  This information was accompanied by correspondence from Southern Water indicating that the results of a hydraulic assessment of the existing sewerage system indicate that there is sufficient capacity in the system to accommodate a foul flow no greater than 0.7 l/s.  The engineers have calculated that the foul sewer flow from the proposed development would be 0.65 l/s.  Therefore, on the basis of the information provided, there is sufficient capacity in the sewerage system to serve the proposed development.  However, the correspondence from Southern Water indicate that the hydraulic assessment carried out by them indicates that there is insufficient capacity in the sewerage system to accommodate any additional surface water flows.  They suggest that the developer will have to seek an alternative means of surface water disposal such as soakaways and/or any natural water courses, subject to all parties approval.

 

Engineers acting on behalf of the applicant have carried out consultations with the Council's Highways Department who have confirmed that there is spare capacity for surface water runoff in the adjacent road drainage system, the head manhole of which is located just adjacent the site.  The information provided indicates that this system comprises a minimum 150 mm diameter drain, which, between the development site and its discharge into the culverted Yar at the lower end of Newport Road would typically have a full flow capacity of 42 l/s.  Engineer suggests that during a two year event this pipe could accept a further flow from the development site equivalent to some 25% of its capacity, i.e. 10 l/s, although in practice this might be more as the road gulley here already receives considerable runoff from the existing garage site.  On this basis, they suggest that it would be necessary to provide a retention system capable of holding some 20 cubic metres of storm water pending regulated discharge, which could be achieved through appropriately sized pipes beneath the access road with the outlet from the system design-regulated to ensure a maximum discharge to the highway drain of no more than 10 l/s.  However, engineer indicates that, in order to accommodate the effects of a one in thirty year storm event, a higher storage capacity of some 50 cubic metres would be necessary, or alternatively, an equivalent combination of storage and soil infiltration systems, both of which could be constructed beneath the paved roadway and parking areas.

 

For information, and in response to suggestions that there are flooding problems at the lower end of Newport Road at crossroads in the centre of the village, engineer indicates that, as a long term resident of Niton, he has observed that the prime cause of what has only been very occasional surface flooding of the roads in this area, has been the effects of storm water runoff from the fields on the slopes of St Catherine's Down which have overwhelmed the road drainage gulleys in Blackgang Road to the west of the village.  He suggests that there have been no such problems affecting Newport Road itself, even though a large part of the area of the proposed development site currently drains naturally onto the roadway where it passes the garage frontage.  He therefore expresses the opinion that new drainage proposals in connection with the development will not have any adverse effects upon the present drainage regime within the centre of Niton. 

 

On the basis of the information provided, I am satisfied that adequate provision can be made for the disposal of foul water and surface water from the proposed development. 

 

Application was publicised in the local press and by display of a site notice, and owners of properties which adjoin the site were notified of application in writing.  Exercise was repeated on submission of the revised plans and also letters sent to all those who had made representations in respect of proposal.  Therefore, I am satisfied that adequate publicity measures have been carried out in respect of this application and in particular that the regulations for publicity of planning applications have been complied with. 

 

In accordance with policy H14 of the UDP, the Authority will, in appropriate circumstances, seek to negotiate an element of affordable housing as part of residential development schemes.  In the case of proposals for residential development within settlements having less than 3,000 population, the explanatory text to the policy suggests that ten units or more is an appropriate threshold to trigger the requirement for affordable housing.  Current application proposes fourteen dwellings and this matter is clearly relevant to the determination of the submission.

 

In determining whether it is appropriate to require applicant to provide affordable housing in this instance, and the scale and type such provision would take, it is necessary to have regard for a number of factors, including local needs.  In addition, I consider it is necessary to have regard for other benefits which may arise from the development in the form of creation of improved pedestrian link between the site and the centre of the village.

 

Current records held by the Council's Housing Officer indicates that there are presently eighteen people who have expressed a need for accommodation in Niton; of those nine already live in the area.  The breakdown for the accommodation required by those on the Housing Officer's waiting list is as follows:

 

One bedroom - five on waiting list.

 

Two bedroom - three on waiting list.

 

Three bedroom - two on waiting list.

 

Ground floor accommodation, two bedroom - one on waiting list.

 

Whilst current application seeks outline planning permission, with siting and access to be considered at this stage, submitted plans would appear to indicate that type of accommodation to be provided would be two or three bedroom dwellings which would clearly satisfy this need.  However, I consider that it is also necessary to have regard for the advice contained in the explanatory text to policy H14 of the UDP.  This advice indicates that, given the economics of small schemes any threshold must not stifle development but equally should provide the opportunity to address rural needs wherever possible, hence the suggested threshold of ten units or more, which is lower than the threshold applicable in the settlements with population over 3,000.  In this instance, it should be noted that applicant has indicated willingness to make financial contribution for off-site works to provide an improved pedestrian link between the site and the village centre.  Whilst this provision is a direct result of the development proposal, it would of course provide benefits for residents living in the area in general. 

 

Applicant's agent has provided information relating to likely market values of the houses which indicates that the proposal incorporates housing at the lower end of the market providing a mix of design and values.  Information provided by the agent indicates that a local valuer has set out anticipated values for two to three bedroom properties at £125,000 each, three bedroom property £135,000 and three to four bedroom properties £140,000 - £150,000 each.   

 

Following further discussions with applicant's agent in this respect, the initial indication is that his client would be unwilling to provide affordable housing on site or make a financial contribution for provision elsewhere as this would make th whole proposal unviable.  It is expected that applicant's agent will be providing additional information to justify why it would not be possible to make provision for affordable housing and this information will be made available to Members prior to considering the application further.

 

Having regard to the above comments and, following consideration of any further information which may be submitted in this respect, Members may wish to consider whether the benefits of the scheme, namely the provision of a continuous footpath link between the site and the centre of the village and the suggestion that the properties provided would be at the lower end of the housing market, are sufficient to outweigh the requirement for provision of affordable housing on site or a contribution for provision elsewhere.

 

Reason for Recommendation

 

Having given due regard and appropriate weight to all material considerations referred to in this report, I consider that proposal represents an acceptable form of development, which would reflect the more traditional cottage architecture found within the village and, therefore, would not have a detrimental effect on the character of the locality.  Furthermore, I do not consider that proposal would have excessive or adverse impact on adjoining properties to detriment of amenities enjoyed by occupiers thereof.  I am satisfied that, subject to implementation of off-site works to provide a continuous footway link between the site and centre of village, Highway Engineer's concerns have been addressed.

 

            Recommendation   -             Approval

 

Conditions/Reasons:

 

1

Time limit - outline   -   A01

 

2

Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this permission.

 

Reason: To comply with Section 92 of the Town and Country Planning Act 1990.

 

 

3

Approval of the details of the design and external appearance of the buildings and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

 

Reason:  In order to secure a satisfactory development and be in accordance with Policies S6 (Standards of Design), D1 (Standards of Design), D2 (Standards of development within this site), D3 (Landscaping), TR7 (Highway Consideration for New Development) of the IW Unitary Development Plan.

 

4

No development shall commence on site, including site clearance, until such time as any fuel tanks together with associated pipework and equipment have been decommissioned and, where necessary, removed from site in accordance with a scheme to be submitted to and approved by the Local Planning Authority.

 

Reason: In the interests of the health and amenity of future occupiers of the development hereby approved and to comply with Policy P3 (Restoration of Contaminated Land) of the Isle of Wight Unitary Development Plan.

 

5

No development shall commence on site, including site clearance until:

 

a)  A methodology for investigations and assessments of any potential ground contamination be agreed in writing by the Local Planning Authority prior to site investigations and assessments being carried out by an appropriately qualified person.  The investigations and assessments shall be in accordance with British Standard 10175:2001 "investigation of potentially contaminated sites - Code of Practice".  The laboratories used for analysis of samples shall be registered to the ISO17025:2000 quality standard.  The investigations and assessments shall be in accordance with current Government and Environment Agency guidance and shall identify the types, nature and extent of contamination present, the risks to human and ground water receptors and the potential for migration within and beyond the site boundary;   

 

b)  A remediation scheme to deal with any contaminants identified has been submitted to and approved in writing by the Local Planning Authority.  The scheme shall include an implementation timetable, monitoring proposals and remediation verification methodology.  The verification methodology shall include a sampling analysis programme to confirm the adequacy of decontamination and an appropriately qualified person shall oversee the implementation of all remediation.

 

Reason: In the interests of the health and amenity of future occupants of the development and to safeguard against the contamination of groundwater in accordance with Policy P3 (Restoration of Contaminated Land) of the Isle of Wight Unitary Development Plan.

 

6

The construction of building shall not commence until the investigator has provided a report to the Local Planning Authority, which shall include confirmation that all remediation measures have been carried out fully in accordance with the agreed scheme as required under condition 5 above.  The report shall also include results of the verification programme of post-remediation sampling and monitoring in order to demonstrate that the required remediation has been fully met.  Future monitoring proposals and reporting shall also be detailed in the report.

 

Reason: In the interests of the health and amenity of future occupants of the development and to safeguard against the contamination of groundwater in accordance with Policy P3 (Restoration of Contaminated Land) of the Isle of Wight Unitary Development Plan.

 

7

No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected.  The boundary treatment shall be completed before the buildings are occupied.  Development shall be carried out thereafter in accordance with the approved plans.

 

Reason: In the interests of maintaining the amenity value of the area to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

 

 

8

Notwithstanding the provisions of any current Town and Country  Planning  (General  Permitted  Development) Order 1995 (or any Order revoking and re-enacting that Order), no freestanding buildings, structures, walls or fences of any kind, other than those permitted by condition 7, shall be erected within the curtilage of the site without the prior written approval of the Local Planning Authority.

 

Reason: In the interests of amenities of the area and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

 

 

9

Withdraw PD rights alterat/extens/etc   -   R02

 

10

Before the development commences a landscaping and tree planting scheme and details of other hard surfacing shall be submitted to, and approved in writing by, the Local Planning Authority.   Such scheme shall specify the position, species and size of trees to be planted, the phasing and timing of such planting and shall include provision for its maintenance during the first 5 years from the date of planting.

 

Reason:  To  ensure  that  the  appearance  of  the development is satisfactory and to comply with Policy D3 (Landscaping) of the IW Unitary Development Plan.

 

 

11

All hard and soft landscape works shall be carried out in accordance with the approved details.  The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority.

 

Reason: In the interests of the amenities and character of the area and to comply with Policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.

 

 

12

An application for detailed planning permission or approval of reserved matters, submitted pursuant to this outline planning permission, shall be accompanied by full details of the means of disposal of surface water drainage, including any attenuation measures required to regulate flows from the site where necessary.  Thereafter, the method of surface water drainage shall be implemented in accordance with the approved details prior to occupation of any of the dwellings.

 

Reason: To ensure that adequate provision is made for the disposal of surface water drainage from the development and to comply with Policy U11 (Infrastructure and Services Provision) of the Isle of Wight Unitary Development Plan.

 

13

Details of roads, etc, design and constr   -   J01

 

14

No dwelling shall be occupied until those parts of the roads and drainage system which serve that dwelling have been constructed in accordance with a scheme agreed by the Local Planning Authority.

 

Reason:  To ensure an adequate standard of highway and access for the proposed dwellings and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.

 

15

The development hereby approved shall not commence until the visibility splays as shown on the approved plan have been provided and the land contained within the visibility splays shall thereafter be maintained at no more than 1.0 metres in height above road level.

 

Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations for New Development) of the Isle of Wight Unitary Development Plan.

 

16

Prior to occupation of any of the dwellings hereby approved, a 1.8m wide footway shall be constructed across the entire Newport Road frontage of the site in accordance with details to be submitted to and approved by the Local Planning Authority.

 

Reason: In the interests of highway safety and to comply with Policies TR6 (Cycling and Walking) and TR7 (Highway Considerations for New Development) of the Isle of Wight Unitary Development Plan.

 

17

No development shall commence on site until a detailed design for a footway in Newport Road (or other suitable safety measures), to provide a satisfactory pedestrian route between the site and the junction with Church Street/Rectory Road, has been submitted to and approved by the Local Planning Authority, and none of the dwellings hereby approved shall be occupied until the agreed route has been provided in its entirety.

 

Reason: In the interests of highway safety and to comply with Policies TR6 (Cycling and Walking) and TR7 (Highway Considerations for New Development) of the Isle of Wight Unitary Development Plan.

 

18

No work shall commence on site, including site clearance until such time as a competent person has carried out a thorough search for slow worms within the site, at a time of year and in accordance with a methodology agreed in advance by the Local Planning Authority.  Any slow worms found shall be translocated from the site to a location and in a manner agreed in advance by the Local Planning Authority.

 

Reason: To ensure that development of the site does not result in the destruction of protected species in accordance with Policy C8 (Nature Conservation as a Material Consideration) of the Isle of Wight Unitary Development Plan.

 

19

No development shall take place until a detailed scheme has been submitted to and agreed with the Local Planning Authority indicating the means of foul and surface water disposal.  Any such scheme shall indicate connections at points on the system where adequate capacity exists or shall provide for attenuation measures to ensure any additional flows do not cause flooding or overloading of the existing system.  The agreed systems shall be installed prior to occupation of any of the dwellings within the development and shall be retained and maintained thereafter in accordance with the approved details.

 

Reason: To ensure an adequate system of foul and surface water drainage is provided for the development and to comply with policy U11(Infra-structure and Services Provision) of the Isle of Wight Unitary Development Plan.