(b)       TCP/19690B                   Island Fork Lift Hire Limited against refusal of outline for residential development on land adjacent Gembrook, Grove Road, Wroxall.

           Officer Recommendation:       Refusal.

           Committee Decision:               Refusal (Part 1) - 9 October 2001.

           Appeal Decision:                      Dismissed - 29 August 2002.

           Main issues of the case as identified by the Inspector: 

           ∙          The effect of the proposed development upon the standard of residential amenity enjoyed at neighbouring properties in term of mutual privacy and potential disturbance.

           •          The impact upon visually important trees on and adjacent to the site.

           •          The adequacy of the access proposed to serve the development.

           Conclusions of the Inspector:

           ∙          There would not be a lack of mutual privacy along the northern boundary because of the dense belt of trees and shrub.

           ∙          The south west boundary is less well screened and the proposed development would give rise to unneighbourly overlooking of adjoining gardens.

           ∙          The proposed development and garden adjacent to the eastern boundary would be unacceptably overlooked from the first floor of the existing neighbouring dwelling.

           ∙          The proximity of the proposed access road and its use in connection with 13 dwellings would result in an unacceptable degree of disturbance and reduction in privacy at number 36, West Street.

           •          The loss of trees on the site would conflict with UDP policy C12 and is a substantial objection to the proposal.

           •          Visibility splays available to drivers leaving the site would fall far short of what is necessary for safety and the proposal conflicts with UDP policy TR7.         

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           (c)       TCP/11117P                   Mr T W Booth against refusal to vary condition to extend late night opening hours of premises for sale of hot food consumption on or off the premises at Flash Harrys, 9 The Esplanade, Ryde

           Officer Recommendation:       Refusal.

           Committee Decision:               Refusal (Part 1) - 2 November 2001.

           Appeal Decision:                      Dismissed - 30 October 2002.

           Main issue of the case as identified by the Inspector:

           ∙          The likely effect of the proposal on the amenities of nearby residents.

           Conclusions of the Inspector:

           ∙          The relationship between the windows of bedrooms and other habitable rooms to the footpath below and the appeal site frontage is such that disturbance in the early hours must occur.

           ∙          It is clear that noise and disturbance does take place as there have been complaints to the Council’s Environmental Health Officers.

           ∙          

An extension of the late night disturbance to also include the morning of a normal working day would not be reasonable.

           ∙          An increase in the late night opening to 0230 of Friday mornings would be likely to lead to increased noise and disturbance and would be harmful to the amenities of nearby residents.

           ∙          An approval would conflict with aims of UDP policy D1 which seeks to ensure an appropriate safeguards for occupants of nearby properties when considering development proposals.

           •          PPG1 guidance makes it clear that good neighbourliness and fairness are amongst the yardsticks against which proposals may be measured.

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           (d)       E/17965F                        Mr R Blake in respect of enforcement notice relating to unauthorised engineering operation by the deposit of waste material, land at Brookfield Willows, Ventnor Road, Whitwell

           Officer Recommendation:      Enforcement Action to remove the waste material.

           Committee Decision:               Enforcement Action to remove the waste material.

           Appeal Decision:                      Dismissed - 6 September 2002.

           Main issue of the case as identified by the Inspector:

           ∙          Whether the tipping of the waste materials is a breach of planning control.

           Conclusions of the Inspector:

           ∙          The materials are waste but the tipping proceeded according to only a rudimentary plan and could reasonably be described as landscaping or restoration works.

           ∙          The land is not used as agricultural land and the tipping is not agricultural permitted development.

           •          The works carried out require planning permission and there is therefore a breach of planning control.

           ∙          The compliance period of three months is extended to maximise the opportunities for removal of the waste during dry weather.

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