REPORT OF THE HEAD OF PLANNING SERVICES TO DEVELOPMENT CONTROL COMMITTEE

SITE INSPECTION – 30 JANUARY 2004

TCP/02829/F P/02084/03 Parish/Name: Ryde

Registration Date: 22/10/2003 - Full Planning Permission

Officer: Mrs. J. Penney Tel: (01983) 823593

Detached house with garage; formation of vehicular access

rear of 47 & 49 Great Preston Road with access off, Elm Close, Ryde, PO33

REASON FOR COMMITTEE CONSIDERATION

This report is before the Development Control Committee at the request of the Team Leader due to the site history of refusals and level of local interest.

PROCESSING INFORMATION

If determined at this meeting the application will have taken thirteen weeks. The processing of this application has gone beyond the prescribed eight week period due to the need for Committee consideration.

LOCATION AND SITE CHARACTERISTICS

The site is part of the rear garden of a property located on the south eastern side of Great Preston Road. The site fronts onto Elm Close which is a cul-de-sac accessed off Great Preston Road.

No. 47 Great Present Road is a two storey dwelling, 49 is a bungalow. The area is residential with a mix of property styles in Great Preston Road and 1950 style semi-detached properties within Elm Close.

The plot itself is currently part of the garden for no. 47 Great Preston Road and is surrounded by 2 metre high hedges with small apple trees within the garden; the land gently slopes down to the north west.

RELEVANT HISTORY

TCP/2829/C - Outline for dwelling - refused May 1985. Appeal dismissed February 1986.

TCP/2829/D - Outline for bungalow - refused August 1985. Appeal dismissed February 1986.

TCP/2829/E - Outline for bungalow - refused June 1988.

DETAILS OF APPLICATION

Full consent sought for detached house with garage and formation of vehicular access. The plot is 15.2 x 27.3 metres.

The plans show proposed dwelling as two storey building under a hipped plain tile roof. Elevations are to be finished in artificial stone with multi-red facing bricks to plinth, quoins and lintels. A single storey element is proposed on the side elevation (to Elm Close) and conservatory to rear. Accommodation at ground floor provides lounge, kitchen, dining room, hall, w.c. utility with three bedrooms, en-suite and bathroom at first floor. There is an integral garage with access onto Elm Close.

DEVELOPMENT PLAN/POLICY

Site is within the development envelope for Ryde. Policies G1 (Development Envelopes for Towns and Villages), H5 (Infill Development), D1 (Standards of Design), D2 (Standards for Development Within the Site) and TR7 (Highway Considerations for New Development) apply.

CONSULTEE RESPONSES

Highways note that garage is slightly undersized in terms of depth. Suggest conditions if approved.

PARISH/TOWN COUNCIL COMMENTS

None.

THIRD PARTY REPRESENTATIONS

Ten letters of objection from nearby residents which can be summarised as follows:

Increased traffic, congestion, highway safety, limit existing on-street parking.

Loss of view, outlook, loss of light, loss of privacy.

Precedent.

Effect on environment. Substantial house detrimental to ambiance of close and not of benefit to local community.

Inappropriate location, no change since previous refusal only more cars. Overdevelopment of close - dominate corner.

Queries vehicular/pedestrian access.

Refers to other approvals granted for rear accesses in Elm Close.

CRIME & DISORDER IMPLICATIONS

No crime and disorder implications anticipated.

EVALUATION

Site is within the development envelope surrounded by residential property. Determining factors are considered to be matters of size, visual effects of development, space around the building, impact on neighbouring property, highway safety considerations and site history.

In dismissing the 1986 appeal the Inspector noted the main issues were firstly the effect on the appearance and character of the area and secondly the amenities of neighbours bearing in mind prevailing policies. The Inspector was concerned the development would look cramped, that existing hedgerow would be lost and proposal would set a precedent. He concluded the development would likely be harmful to the character and appearance of this part of Ryde and would present overlooking.

PPG3 - Housing, encourages the best use of urban land and would carry substantial weight in the determination of this application. To meet the requirements of PPG3 in terms of density and using urban land more efficiently will inevitably result in smaller plot sizes. This should not however be at the expense of neighbouring amenity.

It is considered that the subdivision of this site to form a new detached dwelling would result in the creation of adequate garden area for the existing dwelling and sufficient plot size to accommodate the proposal. It is accepted that the neighbouring dwellings fronting Great Preston Road have good sized existing rear gardens but the proposal is not considered alien on this corner plot. There would still be adequate amenity space and the proposal will relate in terms of site size more to the properties within Elm Close. Conditions can be imposed to maintain appropriate boundary treatment.

Matters related to highway concerns have not been substantiated by the Highway Engineer comments and the access can be accommodated with minimum impact on amenity of area. The concern relating to loss of outlook and loss of light and privacy are not considered sustainable due to the distances involved between the properties. Impact on the adjacent properties no. 47 and 49 is considered minimal.

The other accesses referred to in objections were approved in 1999, both serve properties in Great Preston Road off Elm Close. With regard precedence, Members will be aware that each case is treated on its merits.

There are other properties fronting Great Preston Road with good sized gardens to the south west of the application site which in terms of principle may have potential for development. However, it should be noted that the application is individual in so far as it occupies a corner position with the benefit of a plot double the width of the neighbouring properties. It is likely that individual development of adjoining gardens would result in piecemeal development resulting in an adverse impact on the character of the area.

The additional dwelling in this location results in a compatible form of development and utilisation of land provides acceptable development in accordance with PPG3 with minimum impact on the character of the area. Notwithstanding previous decisions, current policy considerations both National and Local would justify and support development of the site.

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 be balanced with the rights 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.

Applicant has queried proposed condition 8 and would not want to lose hedge to existing property no. 47 where it fronts Elm Close. Also queried condition 9.

Highways have confirmed condition 8 necessary to provide visibility. Condition 9 is to ensure garage set back sufficiently; although this is shown on the block plan.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report, it is considered proposal conforms with policies in the Isle of Wight Unitary Development Plan and makes best use of urban land in accordance with guidance contained in PPG3 (Housing).

RECOMMENDATION - APPROVAL

Conditions/Reasons:

1	Time limit - full - A10

Construction of the building hereby permitted shall not commence until a schedule of all materials and finishes to be used for the external roofing and walls of the same has been submitted to and approved in writing by the Local Planning Authority. Thereafter only such approved materials and finishes shall be used in carrying out the development.

Reason: To safeguard the amenities of the locality and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

Notwithstanding the provisions of any current Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order), no extension, building or structure permitted by Part 1, Class A of the 1995 Order, as amended, shall be erected within the curtilage of the site without the prior written approval of the Local Planning Authority.

Reason: In the interests of amenities of the area and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and en-enacting that Order) (with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed unless otherwise agreed in writing with the Local Planning Authority.

Reason: In the interests of the character and amenities of the area and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building is occupied. Development shall be carried out thereafter in accordance with the approved plans.

Reason: In the interests of maintaining the amenity value of the area to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

The development shall not be brought into use until a maximum of two parking spaces including garages has been provided within the curtilage of the site and thereafter all of those spaces shall be kept available for such purposes.

Reason: To ensure adequate off-street parking provision and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

The access and crossing of the highway verge and/or footway shall be constructed in accordance with the following vehicular crossing specification for light vehicles before the development hereby approved is occupied or brought into use:

Footway Construction (strengthening) for light vehicles

1. Excavate to a minimum depth of 150mm

2. Construct the vehicle crossing in Class C30P/20 concrete to a minimum thickness of 150mm, properly compacted with float and brush finish.

Reason: To ensure adequate access to the proposed development and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

Prior to commencement of the development hereby approved the level of the land marked green on the attached extract form drawing no. A1-EC-03 shall be lowered so that the land and any natural growth or structures located on or within the area shall not be more than one metre above the level of the carriageway and the resultant visibility splays shall be subsequently kept free of obstruction.

Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

9	The garage hereby permitted shall be set back a minimum distance of 5 metres from the edge of the carriageway of the adjoining highway. Reason: To ensure adequate access to the proposed development and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

ANDREW ASHCROFT

Head of Planning Services