MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 3 JULY 2001 COMMENCING AT 6.00 PM

Present :

Mrs M J Miller (Chairman), Mr B E Abraham, Mrs T M Butchers (deputising for Mr G P Price), Mr C B W Chapman, Mr A C Coburn, Mr J H Fleming, Mr E Fox, Mr J F Howe, Mr D J Knowles, Mr C H Lillywhite, Mr A J Mellor, Mr V J Morey (deputising for Mrs M A Jarman), Mr A A Taylor, Mr D T Yates

Apologies :

Mrs M A Jarman, Mr G P Price

Also Present (non voting) :

Mr R R Barry, Mrs B Lawson, Mrs M J Lloyd, Mr D G Williams

RESOLVED :

THAT the Minutes of the meeting held on 29 May 2001 be confirmed.

2. DECLARATIONS OF INTEREST

Interests were declared in the following matters :

Mrs M J Miller declared a non pecuniary interest in Minute 4(b)(i) 42 - Adelaide Grove, East Cowes.

Mr A A Taylor declared a non pecuniary interest in Minute 4(b)(i) 20 and 26 - Newnham Road, Ryde and Bowcombe Meadows, Bowcombe Road, Carisbrooke.

Mr B E Abraham declared a non pecuniary interest in Minute 4(b)(i) 6 - Lakeside, High Street, Wootton.

Mr C Boulter, West Team Leader declared a non pecuniary interest in Minute 4(b)(i) 25 - Cuckmere, Clay Lane, Newbridge.

Mr G Hepburn, East Team Leader declared a non pecuniary interest in Minute 4(b)(ii) c - The Firs, Southdown Road, Freshwater.

3. URGENT BUSINESS

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

(a) TCP/2994V - Standen Heath Landfill Site, Long Lane, Newport

The Committee was advised that a request had been received from the operators, asking for a temporary variation of condition. This was in respect of the operational hours to carry out stabilisation works at the southern boundary bund.

The request was to work 0700 - 1900 hours Monday to Sunday with every fourth weekend closing down at 1700 hours on Friday and restarting the following Monday for a maximum period of four months.

Members agreed to a temporary relaxation of condition no. 2 but only for a period of six days and not on Sundays, they felt consultations should take place with neighbouring properties.

RESOLVED :

THAT the request for a temporary relaxation of condition no. 2 for six days a week for a maximum period of four months up to 31 October 2001 be agreed.

(b) TCP/2170X - Speedway racing at Smallbrook Stadium, Ashey Road, Ryde

Consideration was given to a request to allow an additional four speedway meetings between 21 July - 3 September 2001.

Members asked if the measures to reduce the noise impact were in place yet. The Director advised members that the works on the bunding were being carried out.

RESOLVED :

THAT the request for a relaxation of condition no. 1 attached to planning permission TCP/2170X to allow an additional maximum of four meetings during the holiday period from 21 July to 3 September 2001 be agreed.

4. REPORT OF THE DIRECTOR OF ENVIRONMENT SERVICES

(a) Schedule of Appeals

The Schedule of Appeals that had been lodged and decisions made was received.

RESOLVED :

THAT the report be noted.

(b) Planning Applications and Related Matters

(i) Part II and Part III

Consideration was given to items 1 - 60 of the report of the Director of Environment Services.

RESOLVED :

THAT the applications be determined as detailed below :

Categories of applications considered and determined as detailed below :

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.

(ii) Part IV - Items Other Than Current Issues

(a) TCP/1467A - Unauthorised construction of boundary enclosure over one metre in height, at 'Mon Abri', Foreland Farm Lane, Bembridge

Consideration was given to the service of an Enforcement Notice requiring the removal of the boundary enclosure.

RESOLVED :

THAT no further action be taken in respect of the boundary enclosure.

(b) TCP/5601C - Agricultural worker's dwelling at Farringford Farm, Bedbury Lane, Freshwater

Members gave consideration to the variation of an agreement made under Section 52 of the Town and Country Planning Act 1971 which prevented the approved agricultural worker's dwelling or the original farmhouse from being sold or sublet separately from each other or from the agricultural holding identified on the plan attached to and forming part of the Agreement.

RESOLVED :

THAT the variation of the agreement to enable the land to be sold separate from the dwellings but to restrict occupancy of both the dwelling approved in 1988 and the original farmhouse to a person solely or mainly working, or last working, in the locality in agriculture or in forestry, or a widow or widower of such a person, and to any resident dependants be agreed.

(c) TCP/7694F - Retention of two caravans, polytunnel and workshop container at The Firs, Southdown Road, Freshwater

(Mr G Hepburn, East Team Leader, declared a non pecuniary interest in this item).

Members considered whether or not to take any action against the continued presence of the above structures following the expiry of the planning consent.

RESOLVED :

(i) THAT the situation be noted and no further action be taken regarding the retention of the unauthorised structures in the site at the present time.

(ii) THAT the situation be reviewed in 12 months.

(d) TCP/10429D - Unauthorised construction of field shelter and four storage sheds, Ordnance Survey grid reference 599.866 (by footpath 65), area of land known as 'Rabbit Butt', Upper Adgestone Road, Adgestone.

Consideration was given as to whether to serve an Enforcement Notice requiring the removal of the field shelter and storage sheds. The area of land is within an Area of Outstanding Natural Beauty.

RESOLVED :

THAT an Enforcement Notice be issued requiring the removal of the field shelter and the storage sheds from the land, leaving it in a clean and tidy condition. Time period for compliance - two months.

(e) TCP/10727H - Unauthorised contractor's operating centre in Stag Lane, Newport

Consideration was given to the serving of an Enforcement Notice requiring the cessation of use of the former Esso depot in Stag Lane, Newport as an operating centre for contractors who were installing cable TV infrastructure on the Island.

RESOLVED :

THAT the application be deferred as a planning application for the retention of the unauthorised use had now been received and it was appropriate to consider the application and any enforcement action at the same time.

(f) TCP/11480H - Unauthorised construction of timber railing and decking at Malvern Hotel, Leed Street, Sandown

Members considered the service of an enforcement notice requiring the removal of the timber railing and decking from the land.

RESOLVED :

To under-enforce by serving an Enforcement Notice which would accept the retention of the decking and railing, but specifying that the use must be limited to that associated with the emergency evacuation of the building and that it must not be used as a balcony or open amenity area. Time for compliance - 28 days after the notice takes effect.

(g) TCP/20544A - Unauthorised use of mobile home and agricultural buildings at Little Rodgebrook Farm, Whitehouse Road, Porchfield, Newport

Consideration was given to the serving of an Enforcement Notice requiring the removal of a mobile home with lean-to greenhouse and also a freestanding greenhouse, and to consider the course of action to adopt in respect of unauthorised change of use of agricultural buildings.

RESOLVED :

(i) THAT an Enforcement Notice be issued requiring the removal of the mobile home with lean-to greenhouse, and freestanding greenhouse, with three months to comply from the date the Notice takes effect.

(ii) To the owners of the property be written to requesting that an application be submitted in respect of the change of use of the agricultural buildings to general storage including the storage of boats and motor vehicles.

(h) TCP/21713C - Continued use of contractor's working area, Mill Lane, Binfield, Newport

Members considered whether or not to continue with the enforcement action in the light of a review of the circumstances concerned.

RESOLVED :

(i) THAT the action approved at the February 2001 Planning meeting be continued.

(Ii) THAT a Planning Contravention Notice be served on the alleged unit and owners.

(iii) THAT if appropriate serve an Enforcement Notice requiring the cessation of the use of the land.

(i) TCP/5746E and TCP/5746K - Twenty one detached houses with garages, two blocks of three terraced houses (total of 27 dwellings), access road and parking, land east of Ashey Road, Ryde

Members were given an update on the current position relating to surface water drainage arrangements at Ashey Road, Ryde.

RESOLVED :

(i) THAT the report be noted, but the site continues to be monitored by the Enforcement Officers.

(ii) THAT a letter be sent to the applicants' agent drawing his attention to the Council's grave concern about his clients' apparent disregard for the corrected interpretation of the condition in respect of surface water drainage arrangements; a matter for which is viewed very seriously and may have resulted in some form of enforcement action.

CHAIRMAN