Development Control Minutes

MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 4 FEBRUARY 2003 COMMENCING AT 5.00 PM

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

THAT the Minutes of the meeting held on 24 January 2003 be confirmed, subject to Minute 97 - TCP/07955/B Hill Farm, Skinners Hill, Newchurch, Isle of Wight. Conversion of farm buildings to form 2 units of holiday accommodation; new access track from Skinners Hill to Hill Farm, (revised plans) (re advertised application) (Decision 3) being amended to read :

3. To seek an Article 4 Direction to remove the temporary use of land within the ownership of the applicants as described in Class B of Part 4 and Class A of Part 5 of The Town & Country Planning (General Permitted Development) Order 1995.

Mr C H Lillywhite declared a personal interest in Minute 101 (ii) (b) - West Wight Sports Centre, Freshwater (as the Council’s representative on the Management Committee) - and remained present.

Mrs T M Butchers declared a personal interest in Minute 101 (ii) (b) - West Wight Sports Centre, Freshwater - and remained present.

Mr C B W Chapman declared a personal interest in Minute 101 (ii) (b) - West Wight Sports Centre, Freshwater (as he was Chairman of the Council’s Licensing Committee) - and remained present.

Mr G Hepburn, East Team Leader, declared a personal interest in Minute 101 (ii) (b) - West Wight Sports Centre, Freshwater (as he was a member of the swimming club) - and remained present.

Mr V J Morey declared a personal interest in Minute 101 - Newey and Eyre Ltd, St Johns Road, Newport (as the Vice President of the nearby Scout Group) - and remained present.

The Chairman agreed to two items of urgent business as it was necessary to advise members of the latest position.

(a) THE ROYAL TOWN PLANNING INSTITUTE PLANNING AWARDS 2002 - AWARD FOR PLANNING FOR BUSINESS AND THE ECONOMY - NEG MICON ROTORS (FORMERLY AEROLAMINATES) MARINE TRANSFER FACILITY, ST CROSS BUSINESS PARK, DODNOR, NEWPORT

Members were advised that the Marine Transfer Facility that had been designed to assist in the transference of large rotor blades from the factory unit to a barge, had been put forward as a nomination for the RTPI Award in Planning for Business and the Economy category.

The Award Ceremony was attended by the Leader of the Council, Cllr Mrs S A Smart, and the Case Officer, West Team Leader, Mr C Boulter. The development won the national award and demonstrated what could be achieved in the face of conflicting issues, such as employment generation and the protection of a European designated site.

(b) UPDATE OF LBC/21224A THE PARTIAL DEMOLITION OF THE THREE CROWNS PUBLIC HOUSE, HIGH STREET, COWES

Members were advised that Development Control and Building Control were continuing to gather and collate evidence, both internally and externally, so that a final decision could be made regarding prosecution. It was a long painstaking procedure which must be properly and fully investigated.

Contact had been made with East Dorset Council and it was clear that the circumstances there did not warrant prosecution. However, members were advised that Listed Building Enforcement had been undertaken which was successful at appeal. It was understood that the Notice had been fully complied with.

Application:	(Mr M J Cunningham and Mrs S A Smart declared a personal interest as they were governors of Nine Acres County Primary School). TCP/1870/G
Details:	Newey & Eyre Ltd, St Johns Road, Newport, Isle of Wight Demolition of building; Construction of 8 flats, 23 houses with parking; Alterations to vehicular/pedestrian access.
Public Participants:	Mr D Horner (Objector). Mr R Mellor (Objector).
Additional Representations:	Applicants confirmed that ‘Secure by Design’ accreditation would be sought. A letter from Southern Water was received. Comments from the Highways Engineer.
Comments:	Application deferred for further discussions with the applicant regarding issues of drainage, design, children’s play area, parking and sustainable transport payment.
Decision:	Deferred for further negotiations.
Conditions	(Paper B1).

Application:	(Mr A C Coburn declared a personal interest as his son owned a business in the area). TCP/12986/K
Details:	Former Builder Centre, St Johns Road, Newport, Isle of Wight. Three storey building to provide office accommodation on ground floor with eight flats over; Three storey block of five flats and five maisonettes, parking; Alterations to access.
Public Participants:	Mr R Mellor (Objector). Mrs Norman (Objector).
Additional Representations:	Letter from the applicants agent.
Comments:	Application deferred for further discussions with the applicant regarding issues of drainage, design, children’s play area, parking, overlooking and sustainable transport payment.
Decision:	Deferred for further negotiations.
Conditions	(Paper B2).

Consideration was given to items 1 - 16 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:	Report from the Coastal Manager.
Comments:	Members asked that the Coastal Manager be on site for the site visit.
Decision:	Deferred for a site visit by the Development Control Committee.
Conditions	(Item 1).

Application:	TCPL/04731/C
Details:	Frank James Hospital, Adelaide Grove, East Cowes, Isle Of Wight, PO32 6BZ Conversion of hospital into 8 houses and 3 flats; erection of 7 houses in two blocks fronting Hospital Road; car parking, vehicular access and alterations to Hospital Road and landscaping (revised scheme) (readvertised application).
Public Participants:	None.
Additional Representations:	4 letters of concern. Comments from the Local adjoining member.
Comments:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions:	As per report (Item 2).

Application:	LBC/04731/D
Details:	Frank James Hospital, Adelaide Grove, East Cowes, Isle Of Wight, PO32 6BZ LBC for conversion of hospital into 8 houses and 3 flats; erection of 7 houses in two blocks fronting Hospital Road; car parking, vehicular access and alterations to Hospital Road and landscaping (revised scheme) (readvertised application).
Public Participants:	None.
Additional Representations:	4 letters of concern. Comments from the Local adjoining member.
Comments:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions:	As per report (Item 3).

Application:	TCP/06487/L
Details:	Site of Niton Garage and Ivy Cottage, Newport Road, Niton, Ventnor, Isle of Wight, PO38 2DF. Demolition of garage/workshops; outline for 5 dwellings and alterations to existing access.
Public Participants:	None.
Additional Representations:	None.
Comments:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions:	As per report (Item 4).

Application:	TCP/03441/M
Details:	Land adjacent Clevedon House, 138, Staplers Road, Newport, Isle of Wight. Outline for 2 dwellings.
Public Participants:	None.
Additional Representations:	Further letter of objection.
Comments:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions:	As per report (Item 6).

Application:	TCP/10237/P
Details:	Margaret Nursery, Macketts Lane, Hale Common, Newport, Isle of Wight. Proposed glass house for growing of organic products; associated landscaping and closure of existing access.
Public Participants:	None.
Additional Representations:	None.
Comments:	None.
Decision:	Withdrawn.
Conditions	(Item 9).

Application:	TCP/11277/K
Details:	Land adjoining Osborne Cottage, Main Road, Arreton, Newport, Isle of Wight. 2 detached houses with attached garages; formation of vehicular access.
Public Participants:	None.
Additional Representations:	None.
Comments:	To negotiate a more appropriate use of land/density.
Decision:	Deferred at officer’s request.
Conditions	(Item 10).

Application:	TCP/19190/M
Details:	Rowborough Lodge, Beaper Shute, Ryde, Isle of Wight. Removal of condition no.3 on TCP/19190/L to allow the manager's accommodation to be occupied independently from the equestrian use at Rowborough Farm.
Public Participants:	None.
Additional Representations:	None.
Comments:	None.
Decision:	1. Refusal of planning permission, for the reasons set out in the Part II Register. Reason : The continued residential occupation of the premises unrelated to the approved tourism/commercial usage of the site is contrary to both policy C17 (Conversion of Barn and other Rural Buildings) of the Isle of Wight Unitary Development Plan and guidance contained within PPG7 "The Countryside - Environmental Quality and Economic and Social Development" and no information has been submitted to show that every reasonable attempt has been made to secure alternative employment/recreational or tourism use of the building. 2. That the applicant be afforded a period of two months before the formal issue of an Enforcement Notice to provide an opportunity for him to address the implications of such a notice.
Conditions:	As per report (Item 11).

Application:	TCP/20109/E
Details:	Land rear of Dove Farm House and 2 Dovecotes forming part of Merstone Valley Nurseries, Merstone Lane Merstone, Newport, Isle of Wight. Demolition of outbuildings; outline for residential development of 9 dwellings with access off Merstone Lane and landscaping.
Public Participants:	None.
Additional Representations:	None.
Comments:	None.
Decision:	Withdrawn.
Conditions	(Item 12).

Application:	TCP/20109/F
Details:	Puddles, East Lane, Merstone, Newport, Isle Of Wight, PO30 3DR. Removal of condition No.5 on TCP/7344/B which restricts the occupation of the house to persons employed or last employed in agriculture.
Public Participants:	None.
Additional Representations:	None.
Comments:	None.
Decision:	Withdrawn.
Conditions	(Item 13).

Application:	TCP/19292/W
Details:	Site of existing children's carousels, Blackgang Chine Leisure and Fantasy Park, Blackgang, Isle of Wight. Installation of family roller coaster ride.
Public Participants:	Mr S Dabell (Applicant).
Additional Representations:	Marketing Manager of Isle of Wight Tourism fully supported the application.
Comments:	The Committee discussed the duty of regard as conferred by Section 85 of Part 4 of the Countryside and Rights of Way Act 2000. Members were of the opinion that the permission should not be for a temporary period and there was no need for restrictions on operation of the ride.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register. (Contrary to officer’s recommendation).
Conditions:	Time Limit - Full - A10. As per report (Item 5).

Application:	(Mr R R Barry declared a personal interest as the agent was a known to him). TCP/05294/T
Details:	Springvale Hotel and Restaurant, Springvale Road, Seaview, Isle Of Wight, PO34 5AN. Alterations and 5 storey extension on rear elevation to enlarge and improve facilities.
Public Participants:	Mr D Smallwood (Agent).
Additional Representations:	Letter from the applicants confirming there would be no additional windows in the southeast side of the extension overlooking Haven House.
Comments:	None.
Decision:	Conditional planning permission, subject to appropriate conditions. (Contrary to officer’s recommendation).
Conditions:	Appropriate conditions to be added. (Item 7).

Application:	TCP/09152/D
Details:	Land rear of 22 High Street fronting, Red Road, Wootton Bridge, Isle of Wight. Outline for pair of semi-detached houses and provision of single parking space for each dwelling (revised scheme) (readvertised application) (revised plans).
Public Participants:	Mr P Kelly (Objector) Mr C Leal (Applicant) Mr C Martin (Agent)
Additional Representations:	Letter of support.
Comments:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions:	Additional condition re pre and post condition surveys of Red Road. As per report (Item 8).

Application:	TCP/25262
Details:	Part OS Parcels 7267 and 7874 off, Rowborough Lane, Brading, Sandown, Isle of Wight. Proposed stable block comprising 3 loose boxes, tack room and hay barn.
Public Participants:	Mr G Penfold (Applicant).
Additional Representations:	Comments from Highways Officer.
Comments:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions:	As per report (Item 14).

Application:	TCP/25270
Details:	6 Magdalen Crescent, Cowes, Isle Of Wight, PO31 8EP. Extension at 1st floor level to form en-suite bedroom.
Public Participants:	Mr C Martin (Agent).
Additional Representations:	None.
Comments:	None.
Decision:	Refusal of planning permission, for the reasons set out in the Part II Register.
Reasons:	As per report (Item 15).

Application:	TCP/25276
Details:	59 St. Johns Road, Sandown, Isle Of Wight, PO36 8HE. Extension at 1st floor level to form bedroom.
Public Participants:	Mrs Bennett (Applicant).
Additional Representations:	None.
Comments:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions:	As per report (item 16).

(a) TCP/3189A - Alleged breach of planning control, Puckaster, Niton Undercliff, Niton, Isle of Wight

Consideration was given as to whether the information put forward by the property owner was considered as acceptable grounds for delaying submission of an application for a Lawful Development Certificate.

Further letters had been received from the owner of the property and a complainant.

THAT the information put forward by the property owner be noted and to defer any further action for a twelve month period.

(b) TCP/13988W - Additional community based activities at West Wight Sports Centre, Freshwater, Isle of Wight

Members considered what course of action to take in respect of a complaint regarding non-sports activities at West Wight Sports Centre, Queens Road, Freshwater, Isle of Wight.

(i) THAT no further action be taken in respect of the use as an indoor market at its current level but to write to the facility informing the trustees that if there is an intensification for use as an indoor market then a planning application will be required.

(ii) THAT the complainant be written to advising them that in the opinion of the Local Planning Authority the installation of the security lights does not represent development requiring the formal consent of the Local Planning Authority and that the use of the facility to run discos is not a material change of use.

Consideration was given as to whether circumstances justified the service of an Enforcement Notice requiring the extension to be altered to comply with the approved plans.

(ii) THAT the property owner be written to bringing to their attention, that notwithstanding the decision to take no further action, that in the opinion of the Local Planning Authority, the extension as built has no planning permission and that should any search be undertaken in the next four years that this will form the basis of the Local Planning Authority’s response. Accordingly, they are invited to apply without prejudice to the final decision to remedy the outstanding breach.

(d) TCP(E)25293 - Unauthorised vehicular access onto a classified road at Bexhill Cottage, Newport Road, Bierley, Niton, Isle of Wight

Members gave consideration as to whether circumstances justified the service of an Enforcement Notice requiring the cessation of use by vehicular traffic of a lay-by type access at Bexhill Cottage, Bierley and the permanent closure of the access to prevent future use.

(i) THAT no immediate action be taken prior to the determination of the current planning application.

(ii) THAT in the event of the current planning application being refused, an enforcement notice be issued requiring the cessation of the use by vehicular traffic of the access at Bierley and the permanent closure of the access. Time for compliance 1 month.