Development Control Minutes

MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 8 APRIL 2003 COMMENCING AT 5.00 PM

Mrs M J Miller (Chairman), Mr B E Abraham, 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 C H Lillywhite, Mr V J Morey, Mr A A Taylor, Mr D G Williams, Mr D T Yates

Mrs T M Butchers, Mrs B E Foster, Mr G S Kendall, Mrs B Lawson, Mrs E Oulton, Mr H Rees and Mrs S A Smart

At 5.02 Mr Howe declared a Personal interest in Minute 117 (e) 7 and 8 as the applicant was known to him.

The Chairman agreed to the consideration three items of urgent business as decisions were required before the next meeting with two and it was necessary to clarify the position with regard to the other item.

(a) TCP/24730/A - Alterations and extension at 1st floor to form 2 bedrooms, en-suite bedroom and bathroom; alterations to main roof Waypoint, Swains Road, Bembridge, Isle Of Wight

The Committee considered a request from the applicants to defer this item, as they were unable to attend the meeting and therefore unable to address the Committee themselves under the public speaking arrangements. It was noted that the applicant had an agent who could have spoken on their behalf and therefore is was

THAT the request to defer this matter be refused and that it be considered later in the meeting.

(b) TCP/12986/K - 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 (revised plans) former Builder Centre, St Johns Road, Newport, Isle of Wight

The Committee considered a request from the agents acting for the applicants for a variation to the terms of a planning obligation in connection with the above development to allow a contribution to the transport infrastructure fund based on the office floor space only. The Committee considered the balance of accepting the current negotiated offer or risking the applicant developing in accordance with another outline planning permission that existed for the site and therefore losing any payment to the transport infrastructure fund.

THAT the reduced transport infrastructure payment of £10,150 in respect of the office provision only be approved and that the required Section 106 Agreement be varied accordingly.

The Committee considered a report on the ongoing unauthorised business use operating from a residential property in Rosetta Drive at East Cowes.

THAT enforcement action be authorised to bring about a cessation of the unauthorised use at 1 Rosetta Drive for scooter hire business, with one month as a compliance period.

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

(i) Outline for residential development with additional leisure and retail uses at ground floor, day sailing centre and marina, (revised scheme) (readvertised application) -Shepards Wharf and 38 Medina Road, Cowes, Isle of Wight

At 5.35 pm Mrs Smart and Mr Rees declared Personal interests in this item (and remained and spoke during the debate) as the Authorities appointed representatives to the Board of the isle of Wight Partnership.

The Committee considered the report on the application which had originally been presented to the Committee on 18 March 2003, together with the response from the applicant to a number of questions that members had raised. Two further letters of objection from local businesses, a letter from SEEDA and additional comments from the applicant had been received. The Head of Planning Service gave a presentation outlining the application and the planning issues.

THAT the application be granted conditional approval (conditions as set out in the report of the Strategic Director presented to the Committee on 18 March 2003) and subject to a section 106 agreement in relation to off site affordable housing provision; provision of alternative boatyard facilities; prevention of submission of planning application for change of use of retail/leisure elements for 10 years and availability of retail/leisure facilities at market rental rates during that time and contribution to the Council’s Sustainable Transport fund of £38,250.

(ii) TCPL/22055D/P175/02 and LBC/22055E/P0176/02 - redevelopment to include erection of building for “mechanical world” exhibition; conversion of garage block into shop/café; use of upper floors (no. 50) as two flats and associated parking, Isle of wight Wax Museum, 46 - 53 High Street, Brading

The Committee considered a report from the Strategic Director of Corporate and Environment Services on the latest position on the negotiations with the applicants for the above application over improvements to the proposed access to the property. It was noted that significant progress had been made to meet the Committee’s earlier concerns.

THAT the Committee was sufficiently satisfied with the progress made since the decision was taken to defer consideration on the matter of access to the site and that the issue of the decision notices now be authorised granting planning permission and listed building consent with the former, subject to conditions set out in the report considered by the Committee at its meeting on 7 March 2003, with additional conditions requiring additional signage and/or engineering works to be installed/carried out before the new attractions were opened to the general public.

The Committee received the latest performance analysis for the Development Control Section. The various measures that had been implemented to try and ensure a steady improvement in the performance was also outlined.

THAT the report be noted and that the Head of Planning Service continue to monitor the situation and report back to the Committee at regular intervals.

(c) Report by Monitoring Officer as required by Paragraph 3.10 of the Code of Practice for Councillors and Officers Dealing with Planning Matters

The Committee received the report from the Monitoring Officer explaining the numbers and types of departures from policy and the numbers and types of decisions against officers advice when determining applications in the period from 1 April 2002 to 31 March 2003. Of a total of 2,371 applications dealt with by the Council 27 departures from policy were granted and there were 26 cases where Members did not follow officer recommendations.

THAT the report be noted and that the Monitoring Officer continue to monitor the situation in consultation with the Development Control Manager and report back to the Committee at six monthly intervals.

Consideration was given to items 1 - 13 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/23144/M
Details:	22, Church Road, Shanklin, Isle of Wight. Erection of terrace of 4 holiday cottages; conversion of northern wing former living quarters into 10 self-contained holiday flats. Revised plans showing resiting of access, removal of trees and landscaping scheme (readvertised application).
Public Participants:	None.
Additional Representations:	Local Member spoke in support of the application.
Comments:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 2) Additional condition regarding the walls.

Application:	TCP/23144/N
Details:	22 Church Road and The Margaret Pasmore Theatre, Priory Road, Shanklin, Isle of Wight. Conversion of living quarters and school rooms into 10 self-contained flats; alterations and extension to improve facilities to theatre, (revised scheme).
Public Participants:	None.
Additional Representations:	Local Member spoke in support of the application. Additional comment from the Theatre Trust noted.
Comments:	Highway Officer recommending conditions.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register, and accept the unilateral undertaking.
Conditions	As per report (Item 3) Additional condition regarding the walls.

Application:	TCP/25365
Details:	Land adjoining 5, Partridge Road, Newport, Isle of Wight. Outline for construction of end of terrace house with parking.
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 13).

Application:	TCP/13407/R
Details:	Land adjacent and rear of Broomhill Cottage, Sheepwash Lane, Godshill, Ventnor, Isle of Wight. Retention of replacement club house and continued use of land for clay pigeon shooting (readvertised application).
Public Participants:	Mr P Scott (Objector)
Additional Representations:	Local Member spoke in support of the application. Additional representations also noted.
Comment:	Additional condition to remove all rubbish from the site including spent clay pigeons and letter to applicant requesting replacement of other existing sub standard structures.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register. Letter to be sent to the Gun Club advising them that the temporary structures do look temporary and somewhat dilapidated and consideration should be given to making these out of wood and dark stained so they are more akin to the Area of Outstanding Natural Beauty.
Conditions	As per report (Item 1) subject to the deletion of the paragraph at the top of page 55 in the report and the addition of a condition to remove all rubbish from the site including spent clay pigeons.

Application:	TCP/25118
Details:	Land adjacent Hale Manor Farm, Hale Common, Newport, Isle of Wight. Mineral extraction, the importation of inert material for restoration to agriculture, the creation of a lake for passive recreational uses and construction of new access road.
Public Participants:	Mr Ash (Objector) Mr D Russell (Objector) Mr A Bulpin (Agent)
Additional Representations:	At 7.30 pm Mrs Oulton declared a Personal interest in this item (as a distant relative of the applicant) and remained and spoke on the matter. Further representations from Environment Agency, Environmental Health and the Ecology Officer noted. Further letters from residents and applicants also noted.
Comments:	Suggested amendments to conditions to reflect additional points made.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 4) and as amended on page 6 of the late representations paper with an additional condition regarding timing of lorry movements with regard to local primary school.

Application:	TCP/01457/K
Details:	Waters Edge, Pier Road, Seaview, Isle Of Wight. Demolition of existing dwelling and construction of three storey replacement dwelling (revised scheme) (readvertised application).
Public Participants:	Mr N Geddes (Agent).
Additional Representations:	Stability report had now been received.
Comments:	Committee hoped that the building would incorporate the latest sustainable energy technologies.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 5) with an amendment to include “subject to a satisfactory/acceptable recommendation from our consultants”. Letter to go to agent requesting that the building should be built with sustainability in mind taking this forward as an energy project.

Application:	TCP/06731/A
Details:	Pt OS parcel 0053 and Bowcombe Barn Lodge, Bowcombe Road, Newport, Isle of Wight. Change of use of land from agricultural to extend domestic garden in connection with the formation of a vehicular access.
Public Participants:	None
Additional Representations:	Correspondence from solicitors acting for previous owners pointing out existence of covenant. AONB officer still raising concerns over the increase of the footprint of the property. Local Member spoke on the application.
Comments:	Some concern about possible use for back development.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 6) with condition 2 replaced with the following: 2. Before any part of the consent hereby granted is implemented, a hedgerow of native species, agreed in advance with the Local Planning Authority, shall be planted along the proposed western and southern boundaries of the site. Such hedgerow shall be allowed to grow to a height not less than two metres above ground level and any plants which die, are removed or become seriously damaged or diseased within five years of planting shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing with the Local Planning Authority. Reason: In the interests of the character and amenities of the area which is designated as of Outstanding Natural Beauty and to comply with Policy C2 (Areas of Outstanding Natural Beauty) of the Isle of Wight Unitary Development Plan.” And an additional condition as follows: 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 development within Class E of Part I or Class A of Part 2 of Schedule 2 to that Order shall be carried out within the area identified as “proposed change of use” on the plan attached to and forming part of this decision notice. Reason: In the interests of the amenities of the area, which is designated as of Outstanding Natural Beauty and to comply with Policy C2 (Areas of Outstanding Natural Beauty) of the Isle of Wight Unitary Development Plan.”.

Application:	(Mr Howe requested that his abstention from voting on this application be recorded in the minutes). TCP/07258/F
Details:	Land adjacent Fourstones, The Mall, Totland Bay, Isle of Wight. Chalet bungalow and detached garage; alterations to vehicular 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 7).

Application:	TCP/11078/B
Details:	Land adjacent Jubilee Villa, Tennyson Road, Yarmouth, Isle of Wight. Erection of 2 storey block of 2 self-contained flats, (revised scheme).
Public Participants:	Mrs Mitchell (Objector) Mr S Cowley (Applicant).
Additional Representations:	Local Member spoke on the application. Two additional letters of objection and comments from AONB officer noted. Additional comments from Highway Engineer concerning parking also noted.
Comments:	None
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 8). Additional condition as follows : 8. The windows to be constructed in the south elevation shall be non opening and obscure glazed and shall be retained as such thereafter, unless agreed otherwise in writing by the Local Planning Authority. Reason : To protect the privacy of the neighbouring property and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

Application:	TCP/24730/A
Details:	Waypoint, Swains Road, Bembridge, Isle Of Wight. Alterations and extension at 1st floor to form 2 bedrooms, en-suite bedroom and bathroom; alterations to main roof.
Public Participants:	Mr A Penny (Objector).
Additional Representations:	Six further letters of objection noted. Two letters withdrawing support, one of which objects noted. Further report from Agent also noted. Local Member requested site visit.
Comments:	None.
Decision:	Deferred for site visit on 17 April 2003.
Conditions:	(Item 9)

Application:	TCP/25216/A
Details:	Land adjacent 18, Prior Crescent, Newport, Isle of Wight. Outline for pair of semi-detached houses with parking; alterations to vehicular access, (revised scheme).
Public Participants:	Mr J Dite (Objector) Mr Bray (Applicant).
Additional Representations:	None.
Comments:	Advice from Southern Water noted.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (Item 10).

Application:	TCP/25292
Details:	Land adjacent 12, Ternal Mead, Godshill, Ventnor, Isle of Wight. End of terrace house, (revised plan), (readvertised application).
Public Participants:	None
Additional Representations:	Local Member spoke on this application.
Comments:	None.
Decision:	Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions	As per report (item 11).

Application:	TCP/25302
Details:	OS Parcels 0580, 1773 and part 1069, Birchmore Lane, Blackwater, Newport, Isle of Wight. Erection of agricultural storage building, 2 poly tunnels and 2 chicken houses.
Public Participants:	Mrs V Gallop (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 12). Additional condition referring to the removal of the chicken houses similar to that of condition 3 with regard to the poly tunnels.