Development Control Minutes

MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 29 APRIL 2003 COMMENCING AT 5.00 PM

Mrs M J Miller (Chairman), Mr B E Abraham, Mr A C Coburn, Mr J H Fleming, Mr E Fox, Mr J F Howe, Mrs B Lawson (deputising for Mr C B W Chapman), Mr C H Lillywhite, Mr V J Morey, Mr A A Taylor, Mr J A Whittaker, Mr D G Williams

6. URGENT BUSINESS - TCP/21675/E CIRCULAR 18/84 APPLICATION FOR RETENTION OF ADDITIONAL PRISONER LIVING ACCOMMODATION, HM PRISON ALBANY, 55 PARKHURST ROAD, NEWPORT

The Chairman agreed to an item of urgent business as a decision was needed before the next meeting.

(Mr G P Price declared a personal interest in this item, as he was a resident in the area - and remained present).

An application had been received on 22 April 2003 under special urgency notice and therefore, would not be subject to any publicity, with an expiry date for comment being 6 May 2003. The Circular contained advice relating to notification of local authority’s views. The normal time period within which those views should be given is 8 weeks, however under paragraph 22 the following advice applied :

‘In rare cases developing departments may need to ask for comments in a shorter time period than 8 weeks. If so they will mark the notice ‘special urgency’. The publicity arrangement will not apply to these cases and there will be a time limit for comment of 14 days from the date of receipt’.

In April 2002 an application for the construction of an additional prisoner living accommodation was submitted under similar special urgency process and was considered. It was decided to raise no objection but to advise the Home Office of concerns raised in respect of drainage, construction and sustainability. The Home Office had failed to respond to those comments. A revised scheme for a 80 place accommodation block had been received.

The Local Member had expressed concern relating to the commencement of work without complying with procedures under Circular 18/84 (Crown Land and Crown Development). He told the Committee that as there was the potential for overlooking of residential properties outside the prison perimeter, even at a considerable distance, consideration should be given to ensure that did not occur. He believed there should be a concerted effort between Southern Water, the Environment Agency and the Isle of Wight Council to sort out the drainage problems in the area and if necessary, consideration be given to a possible embargo on future development within the relevant catchment area subject to thresholds to be identified, to ensure that minor development could still proceed.

(i) THAT whilst no objection be raised t the proposal the Home Officer be advised that the issue of foul and surface water drainage continue to be investigated with a view to obtaining the full agreement of Southern Water and the Environment Agency to any scheme before new accommodation is occupied.

(ii) THAT the drainage situation be investigated with a possible embargo on future development within the relevant catchment area, subject to thresholds to be identified, to ensure that minor development could still proceed.

The Committee was advised that the first training day this year was held in January and centred on procedural matters. The event in March concentrated on general planning training and probity issues. The last session dealt with the Code of Practice on Planning Matters. 19 Members and 10 Officers attended the workshop. A half day training session would be arranged at Seaclose for those members of the Committee who were unable to attend the complete training over the two days in order for those members to comply with the Council’s constitution requirements to attend training events.

(i) THAT any proposed amendments to the Code of Practice are brought back to the Committee in due course.

(ii) THAT quarterly reports (commencing for the period April-June 2003) be prepared for Committee members on conduct and procedure at Committee meetings.

(iii) THAT the Head of Planning Services be authorised to arrange additional training on enforcement and members’ declarations of interest, and that this event should be considered as training required for Development Control Committee Members pursuant to the Constitution.

Members were advised on the final outcome of negotiations with the Royal Yacht Squadron regarding the replacement timber windows and the recent inspection thereof.

THAT the findings of the report be accepted and be agreed that all the windows which had been replaced as part of the phased programme be accepted by the Council, are acceptable, and to agree that this lengthy investigation and resultant action be finally concluded.

Members were advised of the current position of the four regeneration projects that had been carried out by the Isle of Wight Council. These included a Conservation Area Partnership in Ventnor, the Heritage Economic Regeneration Schemes in Cowes and Ryde, and the Conservation Area Regeneration Scheme in Ryde.

THAT the findings of the report be accepted as the current position on the regeneration schemes undertaken by the Isle of Wight Council at this time.

The Committee was reminded that public speaking had been in operation on the agenda since August 2002. Officers had recently met with the Chairman and Vice Chairman of the Development Control Committee to review the arrangements adopted for public speaking.

To assist in the process it was recommended that rather than the public speaking element commencing at 6.00 pm it be brought forward to start at 5.00 pm. This would reduce any inconvenience caused to those members of the public attending for that part of the meeting and should not effect the general running of the Committee.

Consideration was given to items 1 - 2 of the report of the Strategic Director of Corporate and Environment Services.

The reasons for the resolutions made in accordance with Officer recommendation are given in the Planning report. Where resolutions are made contrary to Officer recommendation the reasons for doing so are contained in the minutes.

A schedule of additional representations received after the printing of the report was submitted at the beginning of the meeting and were drawn to the attention of Members when considering the application. A note is made to this effect in the minutes.

Application:	TCP/03889/J
Details:	The Boathouse Restaurant, 3, Esplanade, Shanklin, Isle of Wight, PO37 6BN Demolition of buildings; outline for 4 houses.
Public Participants:	None.
Additional Representations:	A letter was received from Councillor David Yates.
Comment:	The Committee believed that a geo technic survey should be carried out. Members accepted in principle the design of the building subject to a satisfactory geo technic report.
Decision:	Refusal of planning permission
Reasons:	Cliff stability and the lack of detail submitted to ensure that the development would not prejudice the long term well being of the cliff. Policy G7 of the Unitary Development Plan. (Item 1)

Application:	(Mr J F Howe and Mrs T M Butchers declared a personal interest in this item, as the spokesperson for Freshwater Parish Council was known to them). TCP/24024/B
Details:	Helen's Copse, off Gate Lane, Freshwater, Isle of Wight. Renewal: Continued siting of 2 shipping containers.
Public Participants:	Mrs G Kennett, Freshwater Parish Council (Objector).
Additional Representations:	Freshwater Parish Council objected. Five letters from local residents.
Comments:	None.
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register. That a Breach of Condition Notice be served requiring compliance with the condition of the consent granted by the Inspectorate and removal of the two shipping containers from the land.
Conditions	As per report (item 2).

(a) TCP/13615F - Demolition of former cinema, 4/6 storey block of 18 flats with car parking at ground level, one retail unit and bar/restaurant at ground floor level, use of former public garden as private amenity area, car park access off Hamborough Road (revised description/additional information) (revised application), former Rex Cinema, Church Street, Ventnor, Isle of Wight

Members were advised that the application had been approved at its meeting on 3 October 2000. Consideration was given as to how the Local Planning Authority should firstly make a decision on interpreting the degree of changes from the approved scheme which had occurred as the development was being undertaken and secondly, how it should respond to those changes.

(1) THAT the recently submitted plans be accepted as an amendment to the approved scheme.

(2) THAT the positions of the developer and the adjoining property owner be noted regarding compliance with condition 3 on increasing the height of the boundary wall and agree not to enforce this condition at the present time but review the situation prior to first occupation of the new development.

Consideration was given as to the course of action to adopt in respect of restrictions attached to both Section 106 Agreement and planning conditions imposed in respect of the original outline permission to develop the site.

THAT the Council seek not to enforce conditions nos. 3 and 4 on planning decision TCP/14987G/M/10759 issued on 20 January 1993 or clause 1 of the Section 106 planning obligation, provided subsequent planning applications to develop the remainder of the site are assessed against the background of the land being allocated for employment use whilst taking into account the potential for impacting on neighbouring residential property where applicable. Furthermore, as a general guide the level of B8 usage should not exceed either the current approved B8 usage of the site or 25% of the overall area of the site (whichever is the larger).

The Committee was reminded that at its meeting on the 14 January 2003 authorisation had been given to invite without prejudice to the final decision a planning application for the continued use of the land in the centre of the site for the breaking and storage of vehicles together with the retention of the portakabins used as an office reception and canteen. Island Motor Salvage were advised of the decision on 11 February 2003 and asked to submit an application within 28 days. The deadline had elapsed and an application had not been received.

Members believed that without the appropriate planning controls with regard to the management of the uses, the continued unauthorised use of the site could have an adverse impact on the environment and in this regard the Local Planning Authority would be justified in issuing an enforcement notice requiring the cessation and removal of the uses from the land.

(i) THAT providing a valid planning application had been submitted that the service of an Enforcement Notice be withdrawn pending the determination of the application.

(ii) THAT in the event that the planning application is found to be invalid an Enforcement Notice be served requiring the cessation of the present use of the land for the breaking and storage of vehicles, the use of the portakabins as an office reception and canteen. The removal of all vehicles and equipment used in association with the breaking and storage of vehicles and the removal of the portakabins from the land. Time period for compliance - Four months.

(d) TCP/21784/B - Unauthorised alterations to vehicular access and formation of hardstanding at The Orchard, Undercliff Drive, St Lawrence, Ventnor, Isle of Wight

The Committee were reminded that at its meeting on 10 December 2002 consideration had been given to the unauthorised access arrangements to the three properties know as Orchard Close, Orchard Dean and The Orchard. At that meeting it was decided that enforcement action should be taken.

On the basis that the unauthorised access was not in use at the present time it was proposed that the Local Planning Authority holds the service of the enforcement notice in temporary abeyance in the expectation that the matter would be resolved between the relevant parties with a time period for review of this case of 3 months.

THAT the information put forward with regards to the owner of The Orchard’s right to use the relocated access be noted and to suspend the service of the Enforcement Notice as previously authorised by the Committee on 10 December 2002 until it was clarified that the individual concerned had secured a legal right to use the new access. Case to be reviewed in 3 months with regards to progress or earlier if evidence indicates unauthorised access is in active use.

(e) TCP/22128A - Surface water balancing pond including inlet and outlet structures, land north of Mountbatten Drive, Newport, Isle of Wight

Members were given an up-date on the position reached with regards to the application following consideration of the matter on 13 March, 16 October and 6 November 2001 and 5 June 2002.

The Committee was advised that the developers had identified an organisation know as the Greenbelt Company which was a self-financing organisation. The developers would give the company a set amount of money as a substitute for the Greenbelt Company collecting an annual management charge from each household, the Greenbelt Company would then be responsible for the future maintenance in perpetuity.

(1) THAT conditional planning permission be granted without the applicants entering into a Legal Agreement with the Isle of Wight Council but that the decision notice is not issued until the developer has provided the Council with a copy of the Green Space Agreement.

(2) Within eight weeks of the date of the decision notice a detailed landscaping scheme shall be submitted to the Local Planning Authority with any such landscaping scheme providing for the planting of appropriate species. The landscaping shall be undertaken within the first planting season following the agreement of the scheme. Any such planting shall include provision for its maintenance during the five years from the date of planting.

Reason: To ensure the character of the balancing pond and its environs will contribute to the Nature Conservation interest and amenity of the area.

(3) Within eight weeks of the date of this decision notice a fence shall be erected around the pond in location and of height and style agreed in advance with the Local Planning Authority with any such fencing being retained hereafter.

Reason: To prevent direct access to the pond by the public in the interests of safety.

(f) TCP/23485 - Alleged breach of materials condition at Tamarisk, Steephill Cove, Ventnor, Isle of Wight

Consideration was given as to whether an apparent breach of the planning condition with regards to the materials used in the construction of the roof of the above property and how the Local Planning Authority should respond.

The Committee was advised that the property owner had undertaken works to re-colour those roof tiles which were exhibiting the natural white finish, as a consequence, the roof now appeared of a uniform red colour. Members were of the opinion that the roof should have been of blue/black slate.

THAT the application be deferred for a site visit by the Development Control Committee.

(g) E/6387/M - Unauthorised use of a domestic garage in connection with the running of a carpet business at 10 Oakhills, Shanklin

Members were advised that a complaint had been received by the Enforcement Section alleging the use of a domestic garage for the storage of carpets in connection with the running of a business from a residence. An Enforcement Officer visited the site on 12 March 2003 and subsequently sent a letter to the owners of the property advising them that a material change of use had occurred and to cease the use and relocate the business to an alternative and more appropriate location. The owners responded advising that the business use would cease and the garage be cleared by 28 April 2003. If the business operation did not cease by 28 April 2003 the Committee were asked for the authorisation to serve an enforcement notice.

The interior of the garage inspected on 28 April 2003 and only one roll of carpet remained.

THAT in the light of the actions undertaken the breach of planning control no longer existed and the Local Planning Authority no longer proposed to take any action.