Development Control Committee Site Inspection 3 September 2004

REPORT OF THE HEAD OF PLANNING SERVICES TO DEVELOPMENT CONTROL COMMITTEE

SITE INSPECTION – 3 SEPTEMBER 2004

TCP/23408/C P/00271/04 Parish/Name: Shanklin

Registration Date: 16/02/2004 - Full Planning Permission

Officer: Mr. P. Stack Tel: (01983) 823575

Detached house with garage; formation of vehicular access (Revised Plans)

land adjacent Woodland House, 28, Victoria Avenue, Shanklin, PO37

REASON FOR COMMITTEE CONSIDERATION

Local Member was not prepared for matter to be dealt with under delegated procedure as application had proved particularly contentious and had attracted a number of planning based representations. Applicant has subsequently exercised right of appeal in respect of non-determination and application is now before Members to allow opportunity to consider case and indicate their likely decision.

PROCESSING INFORMATION

The application will have taken 28 weeks if it is determined at this Committee.

LOCATION & SITE CHARACTERISTICS

Application relates to irregularly shaped plot of land which forms part of larger wooded area situated on southern side of Victoria Avenue to rear of residential properties fronting both Victoria Avenue and Highfield Road.

RELEVANT HISTORY

None.

DETAILS OF APPLICATION

Application seeks full detailed consent for construction of dwelling with vehicular access from Victoria Avenue together with extension of culvert.

Due to fall across site detailed plans show split level 2/3 storey dwelling comprising garage, bedroom and laundry room at ground floor, lounge dining area and kitchen above with three bedrooms on top floor. Building will be finished in red bricks with some render and timber features underneath tiled roof.

Access to site will be gained via construction of internal access way and access onto Victoria Avenue.

In terms of the culvert works it is proposed to carry out repairs and concrete into position a new pre-cast chamber ring and construct new retaining wall which will extend from top of ring along stream for a distance of 5 metres. In terms of drainage it is intended to lay a land drain along access road on off stream side, this drain picking up incoming land drains around site avoiding multiple drain accesses to stream.

DEVELOPMENT PLAN/POLICY

S1 – New development to be concentrates within existing urban areas

G1 – Development envelopes

G4 – General locational criteria

D1 – Standards of design

D2 – Standards for development within the site

H5 – Infill development

C12 – Development affecting trees and woodland

C8 – Nature conservation as a material consideration

G6 – Areas liable to flooding

TR7 – Highway considerations for new development

TR16 – Parking policies and guidelines.

PPG14 – Development on unstable land.

CONSULTEE RESPONSES

Following submission of revised plans Highway Engineer has withdrawn previous objections and recommends conditions should consent be granted.

Environment Agency originally lodged a holding objection but in light of additional information received regarding proposed culvert has no objection and suggests new planting is restricted to boundary adjacent access road.

National Air Traffic Services has no safeguarding objections.

PARISH/TOWN COUNCIL COMMENTS

Shanklin Town Council raised no comments in respect of this application.

THIRD PARTY REPRESENTATIONS

Eight individual letters have been received from local residents objecting to proposed development on following grounds:

· Setting a precedent for possible future development on adjoining land

· Loss of trees

· Potential instability of land

· Proposed design of house out of character with locality

· Adverse impacts on wildlife

· Loss of privacy and increased overlooking

· Increased noise particularly from use of new access way

· Loss of woodland

· Potential for increased flooding.

Petition also received with 13 signatories raising similar objections to those summarised above.

Local Town Councillor has expressed interest in this application.

Letters have also been received from the residents of Woodlands House and copy correspondence received from the Victoria Avenue, Highfield Road and Westhill Manor residents association. The latter group objecting on grounds identified in earlier section of this report.

Additional letter received from local resident in response to appeal proceedings. Writer is of the opinion that the proposed building will reduce considerably quality of life resulting in overlooking and restrict use of existing balcony area.

Letter addressed to Chairman of the Committee received from agent, who advises that due to prior arrangements neither agent nor applicants will be available to speak at meeting. Agent is anxious that Committee do not view non-attendance at meeting as sign of disrespect for Members or any decision they may make. Agent states that of the 12 registered areas of land on southern side of Victoria Avenue in close proximity to application site, only owners of 6 properties who can actually see application site registered an objection. It is stated that any other objectors are unable to see the site directly from their properties. Agent therefore considers that any suggestion of opposition is solid or even unanimous around application area is not correct.

CRIME & DISORDER IMPLICATIONS

None at time of writing report, the relevant officer has been given the opportunity to comment.

EVALUATION

Main planning considerations are firstly development plan policy, secondly how development may affect character and appearance of area and neighbouring properties in particular, highway, nature conservation, potential flooding and land stability considerations.

Application site lies within development envelope and therefore there is no objection in principle to redevelopment of this site subject to more detailed issues.

In terms of amenity impacts dwelling proposed at rear of properties fronting Victoria Avenue, particularly flats in Woodlands House have windows and balconies looking northwards towards site. Proposed dwelling would have windows and glass enclosed balcony facing south at a minimum distance of 21 metres from flats. These windows would serve garage at ground floor level and will be behind glass enclosed balconies serving kitchen and dining area at first floor and bedroom and bathroom on second floor. Access road is at its nearest some 12 metres from side wall of Woodlands House flats and it is considered that distances involved are sufficient to maintain reasonable levels of privacy to both properties and that relationship with neighbours is acceptable and compliant with policies.

Building is of unusual design with red brick to lower floor rendered panels and significant areas of glass to upper two floors. Site reads on its own in an area of woodland and design is considered acceptable given unique characteristics of this site.

With regards to impact on trees Council’s Tree Officer has not identified any issues with removal of trees and removals undertaken so far have not breached TPO regulations. Furthermore there are no anticipated adverse effects on nearby trees and therefore proposal is considered compliant with Policy C12.

Council’s Ecology Officer has identified important wildlife habitats in area and suggests a woodland management plan may be appropriate. However the area, which would benefit from such management lies outside the application site and the area identified in the application as within the applicant’s control. Therefore such a plan would not be justifiable and he suggests any new planting should be of a native species. No direct objection has been raised on nature conservation grounds and therefore proposal is considered to be in accordance with Policy C8.

The Council's Land Drainage Technical Engineer has inspected the site and assessed the additional culverting works and following discussions between the applicant and the Environment Agency and submission of revised plans Agency has removed its original holding objection and likewise with highway issues revised plans illustrating improved access have been received and have allowed Council’s Highway Engineer to withdraw his original objections.

Regarding ground stability, PPG14 confirms that final responsibility for safe development lies with developer but Local Planning Authority should assure itself as far as possible that development could take place without affecting nearby land and buildings or site itself. In this case question has been raised regarding potential affect on stability of dwellings on higher ground to north if development goes ahead. Applicant has provided letter from Civil Engineer indicating that providing appropriate foundations are used no adverse loading regime will be imposed on adjoining property. Foundation design is controlled by Building Regulations and I am therefore satisfied that Local Authority’s responsibility's under PPG14 have been addressed and that the proposal is compliant with Policy G7.

Regarding precedent, application must be determined on its own merits within context of policies of Unitary Development Plan. Any future applications in area will be determined on the same principle and subject to same policy considerations.

HUMAN RIGHTS

In coming to this recommendation to grant planning permission, consideration has been given to the rights set out in Article 8 (Right to Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention on Human Rights. The impacts this development might have on the owners/occupiers of the other property in the area and other third parties have been carefully considered. Whilst there may be some interference with the rights of these people this has to balanced with the right of the applicant to develop the land in the manner proposed. Insofar as there is an interference with the rights of others it is considered necessary for the protection of the rights and freedom of the applicant. It is also considered that such action is proportional to the legitimate aim and in the public interest.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report I am satisfied the proposal represents an acceptable form of development with technical objections being overcome by negotiation and submission of revised plans. I am satisfied that the proposal will not detract from character of locality or amenities of neighbouring properties and accordingly the application is recommended for approval.

RECOMMENDATION - If the Development Control Committee were in a position to determine the application, the recommendation would be APPROVAL subject to following conditions:

Conditions/Reasons:

1	Time limit - full - A10
2	No development shall take place until details of the materials and finishes, to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
3	Details of soft landscaping - M11
4	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no gates shall be erected without the prior written consent of the Local Planning Authority. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
5	Before the development hereby permitted is commenced details of the width, construction and gradient of the access hereby approved shall be submitted to and approved by the Local Planning Authority. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
6	The gradient of the access shall be a maximum of 1:20 over the first 5 metres measured from the edge of carriageway, with the balance not to exceed 1:8 in accordance with a scheme to be agreed with the Local Planning Authority. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
7	The existing watercourse running across the north western part of the site shall be culverted in accordance with the details attached to and forming part of this decision notice, prior to the occupation of the dwelling hereby approved. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

ANDREW ASHCROFT

Head of Planning Services