MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY, 28 JANUARY 2005 COMMENCING AT 9.30 AM

Present :

Mrs M J Miller (Chairman), Mr B E Abraham, Mr A C Coburn, Mr J H Fleming, Mrs B E Foster (as deputy for Mr D T Yates), Mr E Fox, Mr J F Howe, Mrs M Jarman, Mr C H Lillywhite, Mr V J Morey, Mr A A Taylor, Mr D G Williams

Apologies :

Mr C B W Chapman, Mr D T Yates

Also present (non-voting) :

Mrs T M Butchers, Mr M J Cunningham, Mr R G Mazillius, Mrs E Oulton, Mr R C Richards

75. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 18 January 2005 be confirmed.

76. DECLARATIONS OF INTEREST

Interests were declared in the following matters:

Mrs M A Jarman declared a personal interest in minute 77, as she had attended this event in the past.

Mr A A Taylor declared a personal interest in minute 77, as he had attended this event in the past.

Mr J Fleming declared a personal interest in minute 77, being Council’s portfolio holder for tourism and leisure.

77. URGENT BUSINESS

Members noted that the Chairman had agreed to consideration of the following item of Urgent Business as a decision was required before the next meeting.

TCP/25508/P00628/03 – Proposed Use of Land laid out as a Motocross track and use of neighbouring land as a temporary car parking facility, for a two-day major event in May/June 2005; Land Opposite Gore Cemetery, Arreton Cross, Downend Road, Arreton, Newport

Mr J H Fleming, having declared a personal interest in the following item of business, as he was the Portfolio holder for Tourism and Leisure, took no part in the following debate or subsequent vote.

Members were informed that a request had been received from a local consultant, on behalf of the landowner, seeking the support of the Council to hold a single major two-day international event, likely to be held on 4/5 June 2005. It was understood that this could be a round of the World Championships, and would be identical or very similar in form to the event held on the same site, on 29/30 May 2004.

The report of the Head of Planning Services was referred to, which set out, in detail, the background of the use of the site since August 2003, the actions taken to date and highlighted material considerations. Members were advised that they would be unable to determine an application for planning permission in the absence of a Environmental Statement.

A number of additional representations had been received following publication of the report. The representations together with a summary of the comments received and details of relevant Unitary Development Plan policies were circulated to Members of the Committee. In addition, further comments were tabled, which had been received arising from a final exchange with Counsel and a consultation exercise with the local Parish Council, as well as written legal advice on the appropriate issues and policies Members should take into consideration when determining the proposal.

The Environmental Health Manager and the Highway Engineer were both present and addressed the Committee on environmental health considerations and highway related issues.

The local Member was present and highlighted her views on this particular request and the use of the site for major motocross events over the last eighteen months.

Members noted that having given due regard to comments and advice received from Counsel in combination with internal and external consultations an amendment and addition had been made to the recommendations, as printed in the report.

RESOLVED :

i. THAT it be agreed for the landowner’s consultant to be advised that, having taken legal advice, the Council had considered the nature of the development and concluded that it would not be able to grant permission, even for a two-day event, without consideration of an Environmental Statement and that the Enforcement Notice would now be served. The Council, however, supported the principle that, if the event could be properly controlled and if an appropriate Section 106 was agreed, the enforcement action should not prevent the event taking place;

ii. THAT it be agreed that if an appropriate Section 106 was not agreed, the Development Control Manager to be authorised to take such further action as he sees fit (including a Stop Notice and/or Injunction proceedings) to remedy the breach of planning control and/or any injury to the amenity caused by that breach and that it be noted that the main terms of the Section 106 Agreement would include a clause that there would be no use of the site before or after the event; planning conditions required by the Development Control Manager, Environmental Health Manager and the Highway Engineer; and timing of restoration work;

iii. THAT it be agreed for enforcement action to be taken in respect of the change of use from agriculture to a motocross site and to the extensive engineering works carried out in connection with the actual track, the construction and the laying out of the vehicular/pedestrian access onto the A3056 and the engineering works carried out on the adjacent land to facilitate the use of that part of the site as a temporary car park as “permitted development”, which should have been reinstated within a specified period following an earlier major event. The Enforcement Notice would also require full reinstatement of the land back to the original contours, rendering it capable of agricultural related use with a compliance period of six months.

CHAIRMAN