(b)       TCP/24309                     Mr and Mrs Bannon in respect of conditions imposed on planning permission for the conversion of a barn/garage to form a holiday unit at Highview, Palmers Road, Wootton. The challenged conditions relate to (1) Vehicular access to the holiday unit being from the existing access serving the dwelling and (2) the holiday unit not being sold off or otherwise disposed of on a long term basis separately from the dwelling.

           Officer Recommendation:       Approval for the conversion subject to conditions including condition (1) above.

           Committee Decision:               Approval subject to conditions including (1) above and additional condition (2) as above - 6 November 2001.

           Appeal Decision:                      Allowed with both conditions removed - 20 September 2002.

           Main issues of the case as identified by the Inspector: 

           ∙          The effect of the removal of disputed condition (1) on highway safety and convenience.

           •          The effect of the removal of disputed condition (2) on the character and appearance of the rural area where it is the policy of the Council to resist additional dwellings.

           Conclusions of the Inspector:

           ∙          The traffic generated for the single unit of a holiday accommodation would not be significant.

           ∙          It has not been demonstrated that there would be material harm to highway safety by separate vehicular accesses for the holiday unit and the residential dwelling.

           ∙          There would be the same number of vehicles using this section of Palmers Road and the wear and tear on its unmade surface would not be materially greater.

           ∙          Separate accesses would not materially conflict with UDP Policies.

           •          The use of the barn for general residential purposes would be against national and UDP policies.

           •          Planning permission was granted specifically for the use of the barn as a holiday unit with a condition limiting its occupation to holiday use only with no person, family or group to occupy the building for more than six weeks in any year.

           •          The above condition is enforceable and is an adequate safeguard against the use of the building for general residential use.

           •          A condition tying the holiday unit to the same ownership as the dwelling is unnecessary and not justified.

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           (c)       TCP/24377/A                  Mr and Mrs S Granville-Hastings against refusal for demolition of garage and construction of 2 storey side extension and single storey rear extension at 24 Gordon Road, Cowes.

           Officer Recommendation:       Refusal.

           Committee Decision:               Refusal (Part 1) - 21 January 2002.

           Appeal Decision:                      Part dismissed (rear extension) part allowed (side extension) - 20 September 2002.

           Main issue of the case as identified by the Inspector:

           ∙          The effects of the proposal on the character and appearance of the area.

           Conclusions of the Inspector:

           ∙          The rear gardens of adjoining terraced dwellings are devoid of rear extensions occupying the whole depth of their gardens.

           ∙          General sense of spaciousness is an important element of the character of the area.

           ∙          

The proposed rear extension would appear dominant and have a great impact on the rear space of the site which would be detrimental to the general character of the area.

           ∙          The Council would find it difficult to resist similar proposals in the area if the appeal was allowed and such repetitions would have a particularly unfortunate effect on the character of this road.

           ∙          The two storey side extension would eliminate the existing single storey flat roof extension and would improve the character of the dwelling with no material harm to the character and appearance of the area.

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           (d)       TCP/4461/G                   Mr L Gustar against condition imposed on approval for new vehicular access at 70 Cockleton Lane, Gurnard, Cowes. Condition required existing access to be stopped up on commencement of use of new vehicular access.

           Officer Recommendation:      Approval subject to above condition.

           Committee Decision:               Approval subject to above condition (Part 1) - 2 April 2002.

           Appeal Decision:                      Dismissed - 20 September 2002.

           Main issue of the case as identified by the Inspector:

           ∙          The effect of the removal of the disputed condition on highway convenience and safety.

           Conclusions of the Inspector:

           ∙          Visibility from the existing access is below the standard required.

           ∙          The new access affords better visibility in each direction.

           •          In the interests of highway safety, the number of accesses onto this stretch of classified road should be kept to a minimum.

           ∙          There is no particular justification for two accesses to serve this dwellings and the retention of the existing access would conflict with UDP objectives of providing safe conditions for all road users.

           •          The condition is both reasonable and necessary.

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