MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON WEDNESDAY, 5 JUNE 2002 COMMENCING AT 6.00 PM

Present :

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

Apologies :

Mr B E Abraham, Mr D T Yates

Also Present (non voting) :

Mr M J Cunningham, Mrs B Lawson, Mr G P Price

18.      MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 24 May 2002 be confirmed.

19.      URGENT BUSINESS - REPORT ON ENFORCEMENT APPROACH TO ADVERTISEMENTS IN CONNECTION WITH LOCAL ISLAND EVENTS

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

Consideration was given as to whether the Committee wanted to initiate informal proceedings for dealing with requests for the display of advertisements in respect of local events due to take place within the next few months.

Members were advised that on an interim basis, a series of guidelines could be established and decisions could be delegated to the Strategic Director of Environment and Corporate Service in consultation with the Chairman of the Development Control Committee. Each request would be considered on its own merits using guidelines based on the following criteria:

Advance notice should be given to the Council of the specific sites (or general area) for the proposed signs;

Each sign should not exceed 0.75 square metres in size;

The signs should not be displayed more than 14 days in advance of the event;

The signs would be removed within 7 days of the completion of the event;

Each individual site would have the consent or agreement of the landowner; on a highway land this would require the agreement of the Head of Engineering Services.

RESOLVED :

           (i)        THAT a letter be sent to all organisers/promoters of events due to take place before 31 December 2002. Setting out the Advertisement Regulations and advising them that if they do not fall within the exemption under Class 3D then they should apply (or should have applied), for consent to display advertisements in sufficient time for the application to be determined. If they have failed to submit an application or do not have sufficient time to submit an application and still wish to display the signs they will need to comply with the criteria set out in the report to ensure that the Council, as Local Planning Authority, declines to take any action in respect of the signs.

           (ii)       THAT a letter be sent to all organisers/promoters of events due to take place on or after 1 January 2003, setting out the requirements of the Advertisement Regulations and advising them that if they do not fall within the exemption under Class 3D then they must apply for consent to display advertisements in sufficient time for the application to be determined. They should also be advised that if an application is not made and advertisements are subsequently displayed then the Council, as Local Planning Authority, has the option of taking appropriate action in respect of the unauthorised signs.

20.      REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

           (a)       To consider any items deferred from the last meeting of the Committee and the Site Inspection meeting.

                      (i)        TCP/13520/L - Outline for residential development and office accommodation land at St Cross Business Park south of Lower St Cross Farm and east of Dodnor Lane, Newport

Members were reminded that the application had been considered at the Development Control Committee held on 14 May 2002. At that meeting the application was approved contrary to officer recommendation, subject to a Section 106 Agreement regarding the phasing of development and appropriate conditions.

Following discussions held between the applicant, the Council’s Legal Services Manager and appropriate consultees, Heads of Agreement and appropriate conditions had been developed.

The Local Member was pleased with the agreement that had been achieved for the site, particularly the conditions regarding access and hedgerows. He reported that the applicant had offered to improve the surface of Dodnor Lane as far as the cycle track. Members also believed it would be appropriate for a condition to be included which would help protect the owls which were known to be in the area.

RESOLVED :

                                  (2)       THAT the Terms of Agreement and conditions as set out in the report be accepted and the issue of a Decision Notice be authorised, subject to the Chairman of the Committee and the Local Member agreeing the additional heads of agreement necessary to ensure the improvement of the surface of Dodnor Lane from Monks Brook to the cycle track, as offered by the applicant.

                                  (3)       THAT an additional condition be imposed as follows :

Before any demolition of any buildings within the application site takes place, an owl box shall be erected of specification and in a location to be agreed in advance with the Local Planning Authority, and shall be retained thereafter, unless the prior written consent for removal or relocation is obtained from the Local Planning Authority.

Reason : To ensure the maintenance of a roost site for barn owls known to use existing buildings on the site for that purpose, in accordance with Policy C8 of the Isle of Wight Unitary Development Plan.

                       (ii)       TCP/02706/A - Provision of children's play area Church Litten Park, Church Litten, Newport

Members were reminded that the application had been due to be considered at the Development Control Committee meeting held on 14 May 2002. The application was deferred at officer’s request as revised plans had been received which significantly reduced the proposed play area from the original 546 square metres to 371 square metres.

The Isle of Wight Gardens Trust had been re-consulted and they believed that the new proposal was more in line with the original agreement but still considered the proposal contrary to Policy B10 of the Isle of Wight Unitary Development Plan. A letter from Newport Forum had been received supporting the principle of a play area in central Newport, but registering their objection to the positioning of the proposal.

RESOLVED :

THAT the application be deferred for a site inspection.

           (b)       Schedule of Appeals

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

RESOLVED :

THAT the report be noted.

           (c)       Planning Applications and Related Matters

                       (i)        Part II and Part III

Consideration was given to items 1 - 13 of the report of the Strategic Director of Corporate and Environment 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.

PART II

PART III

           (ii)       Part IV - Items Other Than Current Issues

                       (a)       TCP/22128A - Surface water balancing pond, including inlet and outlet structures, land north of Mountbatten Drive, Newport, Isle of Wight

Members were given an update on the position reached with regards to the application following the consideration of the initial resolution of 13 March 2001 and further consideration of the matter at the meetings held on 16 October and 6 November 2001.

At past meetings Members had indicated that they did not wish the Local Authority to take on any responsibility for the future maintenance of the balancing pond even though the applicant was willing to make a commuted payment of £20,000 towards that purpose. On the basis that it had not been possible to progress the matter since it was last considered it was believed that the matter should be resolved by the granting of planning permission but without the original Legal Agreement.

Members were made aware that the past record on future maintenance of such a facility by a resident group was not good and there was a possibility of the Authority being drawn into the maintenance of the balancing pond at a later date. It was possible that payment to assist in the maintenance of the balancing pond may not be available at that time and the cost would fall on the Council’s general funds.

The Committee believed that the Decision Notice should not be issued until the matter had been clearly resolved and liability for the future maintenance of the balancing pond should not be the responsibility of the Isle of Wight Council.

RESOLVED :

THAT no approval decision notice should be issued until the Council is satisfied that measures have been put in place by the developers for the future control and maintenance of the system, sufficient to ensure there will be no requirement by default or neglect for the Isle of Wight Council to assume any responsibility in this matter whatsoever.

                       (b)       TCP/24799 - Siting a caravan on part OS parcel 0077, Station Road, Ningwood, for residential purposes

Consideration was given as to whether an Enforcement Notice should be served that required the removal of a caravan from part OS 0077, Station Road, Ningwood which was being used by the owner for residential purposes when he visited the Isle of Wight.

RESOLVED :

THAT an Enforcement Notice be served on the owner of the land requiring the cessation of residential use and the removal of the caravan from the land. Time for compliance 3-months.

CHAIRMAN