MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 3 AUGUST 2004 COMMENCING AT 5.00 PM

 

Present :

 

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 M A Jarman, Mr A Miller (Deputising for Mr C H Lillywhite), Mr V J Morey, Mr A A Taylor, Mr J A Whittaker, Mr D G Williams, Mr D T Yates

 

Apologies :   

 

                        Mr C H Lillywhite, Mr C B W Chapman

 

Also present (non-voting) :

 

Mrs T M Butchers, Mr A C Bartlett, Mrs B D Clough, Mr C R Hancock, Mr R A Sutton

 

 

33.             MINUTES

 

RESOLVED :

 

THAT the Minutes of the meeting held on 23 July 2004 be confirmed.

 

27.             DECLARATIONS OF INTEREST

 

Interests were declared in the following matters:

 

Mrs M Miller declared a personal and prejudicial interest in minute 29 (a) (i), item 7 - Osborne Works, Whippingham Road, East Cowes, as she is an ex employee of the Applicant

 

Mr A A Taylor declared a personal interest in minute 29 (a) (i), item 1 – 41 High Street, Bembridge, as the objector and the speaker for the Applicant are known to him

 

Mr A A Taylor declared a personal interest in minute 29 (a) (i), item 2 – Timber, The Undercliffe Drive, Ventnor, as the speaker for the Applicant is known to him

 

Mr E Fox declared a personal interest in minute 30, Paper C - 3-5 St. James Street, Bus Station, South Street, Newport, as he holds the Portfolio for Transport

 

Mr J F Howe declared a personal and prejudicial interest in minute 29 (a) (i), item 7 - Osborne Works, Whippingham Road, East Cowes, as he is an ex employee of the Applicant

 

Mr D G Williams declared a personal interest in minute 29 (a) (i), item 1 – 41 High Street, Bembridge, as the objector is known to him

 

Mr V J Morey declared a personal interest in minute 29 (a) (i), item 1 – 41 High Street, Bembridge, as the objector is known to him

 

Mr R A Sutton declared a personal interest in minute 29 (a) (i), item 3 – Land on corner of Heathfield Road and Colwell Road, Freshwater, as he is on the Isle of Wight Housing Board

 

Mr M A Jarman declared a personal interest in minute 29 (a) (i), item 3 – Land on corner of Heathfield Road and Colwell Road, Freshwater, as she is on the Isle of Wight Housing Board

  

29.             REPORT OF THE HEAD OF PLANNING SERVICES

  

(a)               Planning Applications and Related Matters

 

(i)                 Part II and Part III

 

Consideration was given to items 1 - 9 of the report of the Head of Planning Services.

 

RESOLVED :

 

THAT the applications be 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.

 

Application:

TCP/02697/C

Details:

Change of use from retail to additional living accommodation in connection with existing dwelling. (Revised plan)

41 High Street, Bembridge

Public Participants:

 

Mr Martin Pay – On behalf of Bembridge Business Association (Objector)

 

Mr Mike Jordan (On behalf of the Applicant)

Additional Representations:

 

A letter of objection received from Bembridge Business Association

 

Comment:

The Local Member spoke on this item

 

Members were concerned with the loss of business space to residential

 

Decision:

Contrary to Officers recommendation Members refused planning permission

 

Reasons:

Members felt that the application would have had an adverse impact on commercial viability of Bembridge centre.

 

(item 1)

 

Application:

 

TCP/10471/E

Details:

Retention of windbreak netting providing temporary screening until planting is established

Timber, The Undercliffe Drive, Ventnor

Public Participants:

 

Mrs Barbara Wright (Objector)

Mr Tim Wright (Objector)

 

Mr Mike Jordan (On behalf of the Applicant)

Additional Representations:

 

None

 

Comment:

The local Member spoke on this item

 

Members felt that the compliance for the enforcement period should be reduced to one month

 

Decision:

Refusal of planning permission, for the reasons set out in the Part II Register

 

An enforcement notice to be issued requiring that the windbreak netting and supporting posts be dismantled and removed from the site – date for compliance being one month from the date the Enforcement Notice comes into effect. 

 

Conditions:

(item 2)

  

Application:

 

TCP/10558/T

Details:

Residential development of 29 houses & a block of 4 flats; formation of vehicular access & parking provision (aorm)

Land on corner of Heathfield Road and, Colwell Road, Freshwater

Public Participants:

 

Mr John Martin (Objector)

 

Mr Robert Biggs (Agent)

Additional Representations:

 

Comments received from the Environment Agency requesting a condition to be added regarding surface water regulation systems

 

A Memo received from Highways regarding footpath on the site

 

Comments from Planning Officers

 

Comment:

 

The local Member spoke on this item and distributed to the Committee a list of conditions for them to consider adding to the application

 

Due to the comments made by the local Member and other Members of the Committee concerning matters on highways and footpaths, Planning Officers request the recommendation be changed from conditional planning approval to deferment for a site inspection by the Development Control Committee

 

Members agreed with the Officers change in recommendation to defer to allow a site inspection

 

Decision:

Deferred for Site Inspection by the Development Control Committee

 

Conditions:

(item 3)

  

Application:

 

TCP/13545/E

Details:

New gates to existing vehicular access

Rondebosch, The Undercliffe Drive, Ventnor

Public Participants:

 

Mrs Barbara Wright (Applicant)

Additional Representations:

 

Comments received from Council’s Tree Officer

 

An email received from a Planning Aid volunteer on behalf of the Applicant

 

A sworn statement regarding the gates, three letters, two from local residents, one from a person who had previously resided locally, and photographs were received from the Applicant

 

Comment:

The local Member spoke on this item

 

Members felt that the application would not contravene highway safety and were minded to grant planning permission

 

Decision:

Contrary to Officers recommendation, Members approved planning permission

 

Conditions:

(item 5)

 

Application:

 

TCP/15489/B

Details:

Change of use of part of ground floor from retail to additional living accommodation for existing dwelling to include removal of shop front & alterations to Station Road elevation

3 Station Road, Wroxall, Ventnor

Public Participants:

 

Mr Christopher Goodacre (Applicant)

Additional Representations:

 

A letter of objection received from a local resident

 

Comment:

 

None

 

Decision:

Conditional planning approval, subject to the conditions set out in the Part II Register

 

Conditions:

As per report (item 6)

  

 

 

 

 

 

 

 

 

 

Application:

 

 

As Mrs M J Miller had declared a personal and prejudicial interest in the following item, she vacated the Chair and chamber and took no part in the debate, or subsequent vote.  Vice Chairman Mr A A Taylor then took the role of Chairman for this item

 

As Mr J F Howe had declared a personal and prejudicial interest in the following item, he left the chamber and took no part in the debate, or subsequent vote. 

 

TCP/16739/W

Details:

Single storey industrial production building (revised plans)  (readvertised application)

Osborne Works, Whippingham Road, East Cowes

Public Participants:

 

Sarah McCarthy-Fry (Applicant)

Additional Representations:

 

Letters from the Applicant requesting the removal of Condition 10 from the planning permission, if granted and reasons for the removal

 

Comments from the Environmental Health Officer regarding additional conditions for noise control

 

 Comment:

The local Member spoke on this item and requested that the Committee consider several highway conditions that could be added to the application

 

Decision:

Conditional planning approval, subject to the conditions set out in the Part II Register

 

 

 

 

 

Conditions:

Officers to negotiate directly with agents/applicants regarding noise mitigation measures and potential control over operating hours with delegated authority to issue amended conditions as felt appropriate.

 

As per report (item 7)

 

 

 

Application:

 

 

Mrs M J Miller resumed her position as Chairman for the remainder of the meeting

 

TCP/24393/A

Details:

Car port; alterations to vehicular access & provision of hardstanding; formation of new vehicular access & hardstanding; 2 storey extension to provide dental surgery on ground floor with additional living accommodation over (revised plans & additional information)

39 Littlestairs Road, Shanklin

 

Public Participants:

 

Mrs Jenny Major (Objector)

 

Dr Bernard Clarke (Applicant)

Additional Representations:

 

A letter of objection received from adjoining property

 

Comments from Planning Officer

 

Comment:

None

 

Decision:

Conditional planning approval, subject to the conditions set out in the Part II Register

 

Conditions:

Additional condition to be added, requiring five off street parking spaces, three of which are to be used solely in connection with the approved surgery.

 

As per report (item 8)

 

Application:

 

TCP/25978

Details:

Detached house

Junction of Castle Road and, Castle Close, Ventnor

Public Participants:

 

Mr Steve Clutterbuck (Applicant)

Additional Representations:

 

A letter received from the Applicant’s Civil and Water Engineer

 

Comments from the Planning Officer

 

 

Comment:

 

The local Member spoke on this item

 

Decision:

Refusal of planning permission, for the reasons set out in the Part II Register

 

Conditions:

As per report (item 9)

 

Application:

 

TCP/12107/A

Details:

Demolition of dwelling; erection of 3/4 storey block of 10 flats with parking; vehicular access (revised scheme) (readvertised application)

98 Mill Hill Road, Cowes

Public Participants:

 

None

 

Additional Representations:

 

Applicant had met Highways Engineer on site regarding parking provision

 

Comment:

 

Members were very concerned at the lack of on site parking provision

 

Decision:

 

Contrary to Officers recommendations, Members refused planning permission

 

 

 

Reasons:

 

Application refused on grounds on inadequate parking.

 

(item 4)

 

 

 

(b)               Other Matters Not Relating To Current Planning Applications

 

(i)                 TCP/E26249 - Use of private dwelling for the operation of a taxi service at 28 Arthur Moody Drive, Newport

 

Before the debate began on the following item, Mr A C Coburn declared a personal interest as he is a taxi driver

 

Members considered whether circumstances justified the service of an Enforcement Notice requiring the cessation of use of a taxi-operating centre at 28 Arthur Moody Drive, Newport.  Members felt that circumstances were justified to serve the notice, but felt that the time for compliance should be extended to four months as opposed to three.

 

RESOLVED :

 

THAT an Enforcement Notice requiring the cessation of use of the dwelling house in connection with the operation of a taxi business is served, but to accept that the radio/telephone operation can remain providing it involves no staff travelling to the property.

 

Time for compliance, four months after the Notice takes effect.

 

 

(c)               Schedule of Appeals

 

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

 

RESOLVED :

 

THAT the report be noted.

 

30.             PAPER C – Demolition of Bus Station and Former Warehouse in Orchard Street; Construction of 3 Storey Building To Provide Retail/Office and Leisure Facilities; Temporary Bus Facilities; Te-Alignment of Orchard Street; New Bus Terminal; Re-Cladding/Remodelling of 3-5 St. James Street, Bus Station, South Street, Newport

 

Members considered the above application that had been brought before the Committee on the 13 July 2004, which had now returned with the submission of revised drawings and an agreement in respect of an appropriate sum in respect of infrastructure payment after the Applicants Agent had been in further discussion and negotiations with Planning Officers.  Members were asked to either:

 

1.      To grant conditional planning permission subject to the applicants entering into a Section 106 Agreement in connection with infrastructure payment and funding of off-site highway improvements.

 

 

2.      To refuse planning permission on grounds to be specified by elected Members

 

3.      To defer consideration for reasons not yet identified by Planning Officers and elected Members at the last meeting.

 

RESOLVED :

 

THAT conditional planning permission is granted, subject to the applicants entering into a Section 106 Agreement in connection with infrastructure payment and funding of off-site highway improvements.

 

31.             PAPER D – Update of Outstanding Isle of Wight Council Enforcement Actions Positions As of 30 June 2004

 

Members received the update report on Outstanding Enforcement Actions

 

RESOLVED :

 

                        THAT the report be noted.

 

 

 

CHAIRMAN