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. |