PAPER C2

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE B TUESDAY 8 APRIL 2003

REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

WARNING

1. THE RECOMMENDATIONS CONTAINED IN THIS REPORT OTHER THAN PART 1 SCHEDULE AND DECISIONS ARE DISCLOSED FOR INFORMATION PURPOSES ONLY.

2. THE RECOMMENDATIONS WILL BE CONSIDERED ON THE DATE INDICATED ABOVE IN THE FIRST INSTANCE. (In some circumstances, consideration of an item may be deferred to a later meeting).

3. THE RECOMMENDATIONS MAY OR MAY NOT BE ACCEPTED BY THE DEVELOPMENT CONTROL COMMITTEE AND MAY BE SUBJECT TO ALTERATION IN THE LIGHT OF FURTHER INFORMATION RECEIVED BY THE OFFICERS AND PRESENTED TO MEMBERS AT MEETINGS.

4. YOU ARE ADVISED TO CHECK WITH THE DIRECTORATE OF CORPORATE AND ENVIRONMENT SERVICES (TEL: 821000) AS TO WHETHER OR NOT A DECISION HAS BEEN TAKEN ON ANY ITEM BEFORE YOU TAKE ANY ACTION ON ANY OF THE RECOMMENDATIONS CONTAINED IN THIS REPORT.

5. THE COUNCIL CANNOT ACCEPT ANY RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ACTION TAKEN BY ANY PERSON ON ANY OF THE RECOMMENDATIONS.

Background Papers

The various documents, letters and other correspondence referred to in the Report in respect of each planning application or other item of business.

Members are advised that every application on this report has been considered against a background of the implications of the Crime and Disorder Act 1998 and, where necessary, consultations have taken place with the Crime and Disorder Facilitator and Architectural Liaison Officer. Any responses received prior to publication are featured in the report under the heading Representations.

Members are advised that every application on this report has been considered against a background of the implications of the Human Rights Act 1998 and, following advice from the Head of Legal and Democratic Services, in recognition of a duty to give reasons for a decision, each report will include a section explaining and giving a justification for the recommendation.

LIST OF PART II APPLICATIONS ON REPORT TO COMMITTEE - 8 APRIL 2003

Electoral Division

Site

App. No.

Rep. No.

Recommendation

CENTRAL RURAL

land adjacent

Hale Manor Farm

Hale Common

TCP/25118

APPROVAL

SHANKLIN SOUTH

22, Church Road

Shanklin

TCP/23144/M

APPROVAL

SHANKLIN SOUTH

22 Church Road and

The Margaret Pasmore Theatre

Priory Road

Shanklin

TCP/23144/N

APPROVAL AND ACCEPT THE UNILATERAL UNDERTAKING

WROXALL AND GODSHILL

land adjacent and rear of Broomhill Cottage Sheepwash Lane

Godshill

TCP/13407/R

APPROVAL

If you need to see a copy of any of the reports they can be accessed on the Isle of Wight Council Web Site :

www.iwight.com/council/committees/Mod‑development_control/8‑04‑03/agenda

LIST OF PART III APPLICATION ON REPORT TO COMMITTEE - 8 APRIL 2003

Electoral Division	Site	App. No.	Rep. No.	Recommendation
BEMBRIDGE SOUTH	Waypoint Swains Road Bembridge	TCP/24730/A	9.	REFUSAL
CARISBROOKE WEST	Pt OS parcel 0053 and Bowcombe Barn Lodge Bowcombe Road Newport	TCP/06731/A	6.	APPROVAL
CENTRAL RURAL	OS Parcels 0580, 1773 and part 1069 Birchmore Lane Blackwater	TCP/25302	12.	APPROVAL
PARKHURST	land adjacent 18 Prior Crescent Newport	TCP/25216/A	10.	APPROVAL
PARKHURST	land adjoining 5 Partridge Road Newport	TCP/25365	13.	APPROVAL
SEAVIEW AND NETTLESTONE	Waters Edge Pier Road Seaview	TCP/01457/K	5.	APPROVAL
SHALFLEET AND YARMOUTH	land adjacent Jubilee Villa Tennyson Road Yarmouth	TCP/11078/B	8.	APPROVAL
TOTLAND	land adjacent Fourstones The Mall Totland Bay	TCP/07258/F	7.	APPROVAL
WROXALL AND GODSHILL	land adjacent 12 Ternal Mead Godshill	TCP/25292	11.	APPROVAL

Electoral Division

Site

App. No.

Rep. No.

Recommendation

BEMBRIDGE SOUTH

Waypoint

Swains Road

Bembridge

TCP/24730/A

REFUSAL

CARISBROOKE WEST

Pt OS parcel 0053 and Bowcombe Barn Lodge Bowcombe Road

Newport

TCP/06731/A

APPROVAL

CENTRAL RURAL

OS Parcels 0580, 1773 and part 1069

Birchmore Lane

Blackwater

TCP/25302

12.

APPROVAL

PARKHURST

land adjacent

18 Prior Crescent

Newport

TCP/25216/A

10.

APPROVAL

PARKHURST

land adjoining

5 Partridge Road

Newport

TCP/25365

13.

APPROVAL

SEAVIEW AND NETTLESTONE

Waters Edge

Pier Road

Seaview

TCP/01457/K

APPROVAL

SHALFLEET AND YARMOUTH

land adjacent Jubilee Villa Tennyson Road

Yarmouth

TCP/11078/B

APPROVAL

TOTLAND

land adjacent Fourstones The Mall

Totland Bay

TCP/07258/F

APPROVAL

WROXALL AND GODSHILL

land adjacent

12 Ternal Mead

Godshill

TCP/25292

11.

APPROVAL

LIST OF PART IV ITEMS ON REPORT TO COMMITTEE B 8 APRIL 2003

(a) TCP/11304H Plot 73, Alvington Manor View, Gunville NEWPORT

(b) TCP/19792B Colwell Bay Inn, Colwell Road COLWELL

PART II

TCP/13407/R P/01144/01 Parish/Name: Godshill Ward: Wroxall and Godshill

Registration Date: 18/02/2002 - Full Planning Permission

Officer: Mr. J. Mackenzie Tel: (01983) 823567

Applicant: IOW Gun Club

Retention of replacement club house and continued use of land for clay pigeon shooting (readvertised application)

land adjacent and rear of Broomhill Cottage, Sheepwash Lane, Godshill, Ventnor, PO38

REASON FOR COMMITTEE CONSIDERATION

The application is particularly contentious and has attracted a substantial number of representations.

PERFORMANCE INFORMATION

This application has been delayed in its consideration due to extensive negotiations with the applicants which have culminated in the appointment of an agent to deal with the handling of the application on their behalf.

LOCATION AND SITE CHARACTERISTICS

The site has an approximate area of 4 hectares located on the east side of Sheepwash Lane just over one kilometre south of Godshill Church. It comprises a comparatively steep sided valley which runs approximately north west to south east accessible via a narrow but recently partially surfaced track from Sheepwash Lane leading to an area where the track has been widened to form a car parking area.

Beyond a cypressus screening hedge, just to the east of the car parking area, the plateau area contains a new clubhouse and additional storage structures in the form of containers and a caravan. In addition, in this area there are crescent shaped concrete strips, each for five firing positions and directly in front of them in a south westerly direction there are two small concrete block structures used as trap houses.

A little further to the south east is an area to be used as a skeet layout containing seven firing positions with clays fired from two different positions from two corrugated sheet steel constructions which are located at the closest approximately 30 metres from the copse land at the south eastern extent of the site.

To the south of the skeet area is an area which has already undergone some excavation to form a relatively level and flat area approximately 80 metres by 25 metres (max) used for sporting targets.

The area is predominantly rural with much of the area naturally grassed containing some trees and shrubs with the area containing a marshy middle section where water collects with the stream running off in a westerly direction towards Sheepwash Lane.

Surrounding the site on all sides are relatively open landscape with undulating form and there are several residential properties in the area, the closest being Broomhill Cottage located almost adjoining the access to the site fronting Sheepwash Lane. Other dwellings located further to the south on the other side of the hill.

RELEVANT HISTORY

TCP/13407 - temporary permission from November 1974 to December 1976 for pistol target range (site located immediately to the north of the car park area).

TCP/13407C - renewal for use of land for the siting of pavilion and store approved for temporary period January 1976 to December 1976.

TCP/13407D - renewal for the use of the land for the siting of pavilion and store approved 6 January 1977 to 31 March 1982.

TCP/13407E - renewal - use of sandpit for centre fire pistol range approved for temporary period to 31 March 1982.

TCP/13407F - installation of septic tank approved January 1980.

TCP/13407G - use of land for siting of pavilion and store approved March 1982 for temporary period to March 1987.

TCP/13407H - use of sandpit for centre fire pistol target range approved October 1984 to September 1989.

TCP/13407J - renewal - use of land for siting of pavilion and store approved July 1987 to June 1997.

TCP/13407L - renewal - use of sandpit for centre fire and rim fire pistol target range, permanent consent granted October 1989.

TCP/13407M - temporary siting of portacabin approved to June 1995.

TCP/13407N - portacabin for use as clubhouse approved to March 2001.

DETAILS OF APPLICATION

Originally submitted as a retrospective application for the retention of the construction of clubhouse for use in connection with the temporary use of the land for clay pigeon shooting. It was subsequently revised also to seek planning permission for the continued use of the site for clay pigeon shooting. It is clear that, as the building was erected without planning permission, a retrospective application was necessary to regularise the position but as the land was then within the curtilage of a building, permitted development rights to use land for a period of up to 28 days in any year does not then apply. In addition, the gradual increase in structures on site implies a use which is continuous.

DEVELOPMENT PLAN/POLICY

Site is well outside any designated development envelope and within the Area of Outstanding Natural Beauty.

UDP Policy L9 supports use of land for noisy sports provided:

They do not adversely impact on sensitive areas, including the coast and inland waterways;

They have a main road location and adequate access;

They do not adversely affect nearby residents.

Outline suggests that existing mineral working should be considered as a first option where the proposal will not prejudice the long term extraction of material and that, in some cases, a temporary or time limited consent may be considered appropriate.

PPG17 (Sport and Recreation) recognises the impact that noisy sports can have.

CONSULTEE RESPONSES

Environmental Health Officer, recognises the noise sensitive location and recommends conditions if approved.

AONB Officer objects to the unrestricted use, stating that it is not conducive to the AONB due to the generation of traffic and noise on residents and affect on the footpath; the visual impact of the various structures and reprofiling of the land concluding that the proposal is contrary to policies C1 and C2, L1 and L9 of the Unitary Development Plan and results in a gradual degradation of the landscape.

Ecology Officer points out the condition of the site and the proliferation of shattered clays especially in the adjoining wood. Draws attention to the "shooting tower" on the OS plan actually in the woodland and various metal structures.

Highway Engineer considers there to be no implications.

PARISH/TOWN COUNCIL COMMENTS

Godshill Parish Council recommend approval.

THIRD PARTY REPRESENTATIONS

Island Watch considers the site to be in a disgraceful condition and the development is contrary to policy.

CPRE object to the development and the impacts of pollution, the damage to Sheepwash Lane through increased traffic and the adverse effect on the AONB.

Ramblers Association consider the use to be unsatisfactory and due to the increased use of the site and its nature is a dangerous activity conflicting with the right of way through the site.

Several letters and enclosures from the Sheepwash Lane Residents Association pointing out that disturbance has occurred on this site to residents over a long period of time and that the site has deteriorated continuously over a long period; that developments are visible from a long distance; that the development has an adverse effect on the Site of Interest to Nature Conservation; objecting to the retrospective nature of various developments and pointing out that such developments are an incremental creep. Raises concern and suggests conflict with the footpath from a safety point of view and that there are lack of safety procedures on shoot days.

One letter of objection from a local resident on grounds of excessive noise levels in a relatively enclosed area which can amount up to forty shots per minute and the resultant adverse effect of that noise intrusion on nearby property.

CRIME & DISORDER IMPLICATIONS

Relevant Officer has been given the opportunity to comment but no observations have been received.

EVALUATION

In essence the application seeks consent to retain the clubhouse building which was erected many months ago and for the continued use of the land for clay pigeon shooting.

The site has been used since at least the early 1970s for clay pigeon shooting, as will be seen from the planning history above. This use has been carried out by virtue of Part 4, Class B of the General Permitted Development Order since that document authorises the use of any land for any purpose for not more than 28 days in total in any calendar year ... and the provision on the land of any moveable structure for the purposes of the permitted use.

The only exceptions to this allowance is when the land in question is a building or is within the curtilage of a building; if the use is intended as a caravan site and that the land is, or is within, a Site of Special Scientific Interest and the use of the land is for certain specific uses including clay pigeon shooting.

Accordingly the land has been used for approximately 30 years for clay pigeon shooting, the activity has not exceeded 28 days in total in any calendar year and there were no buildings (other than moveable structures) placed on the land.

However, since the club have erected a new clubhouse building, the permitted development rights to use the land for up to 28 days in any calendar year are automatically withdrawn. Planning consent is therefore required for the retention of the clubhouse and for the continued use of the land for clay pigeon shooting for whatever period of time. In addition the incremental developments at the site which, individually, are comparatively insignificant, including the erection of trap houses, concrete strips for shooting positions and some other structures which are left in situ continuously culminate in the decision that there has been a material change in the use of the land which requires planning consent.

Factors to be considered in determining this application are policy and principle, matters relating to access and parking; conflicts with the right of way; noise and disturbance and effects on the AONB, the adjoining SINC and woodland. All of these issues must be determined but bearing in mind the use of the land could be carried out without the need for planning permission except for the physical works and the retention of the building on site as detailed above - the use could continue if the clubhouse building had not been erected.

In terms of policy and principle there is some conflict between the policies contained within the UDP and the site and its characteristics. For example, Policy L1 suggests that planning proposals for informal recreational uses in the countryside would be accepted in principle provided they do not conflict with the need to protect the natural heritage of the Island and Policy L9 which refers directly to noisy sports allows for such developments to be permitted where they do not adversely impact on sensitive areas; they have a main road location and adequate access and where they do not adversely affect nearby residents. In this instance it is clear that there may be some impact on sensitive areas due to the nature of the activity and the designation of the area and, upon consideration of the access specifically, it is narrow and the site is comparatively remote. There are, however, a few residential properties in the vicinity which clearly may be affected. There are also impacts on the landscape which policies C1 and C2 refer, policies which seek to protect the landscape character and specifically the Area of Outstanding Natural Beauty.

Clay pigeon shooting is popular and the nature of this activity requires a remote, isolated position which will have the least possible impact on property from noise and disturbance. Ideally a site for such activity should be in a valley so as to contain and deflect noise away from residential property but the opportunities for establishing such sites are extremely limited and again it should be remembered that the activity has been established at this location for nearly 30 years.

Access to the site is poor, along Sheepwash Lane, approximately 500 metres south of its junction with Meryl Lane which, itself, is not a substantial highway however, the adequacy of the access has to be considered in the light of the frequency of the proposed use. Hitherto the site has been used for a period of 28 days per year (max) and the nature of the use is that most traffic will arrive and depart at much the same time so that the traffic flow will be either to or from the site with little conflict between participants' vehicles. A limitation on the number of "shoots" per year will significantly reduce the incidents of vehicle conflict.

It is appreciated that there are potential conflicts with the right of way which passes through the site. However, this has been the case for the last three decades since the site has been in operation on a limited basis. That site has to be the subject of an inspection by the Police annually for a permit to operate the site for clay pigeon shooting and, of course, the marshalling of the shooting needs to be undertaken when users of the footpath coincide with shoots. A copy of a letter from the Rights of Way Officer confirms that marshalling has occurred with shooting suspended whilst walkers traverse the footpath.

Clay pigeon shooting is, no doubt, a noisy activity and disturbance will inevitably occur to nearby property during shoots. This site has been in use for many years without the need for planning permission since it has been used only for shooting for a maximum of 28 days a year but as it is now necessary to seek permission for the continued use of the site, the issue of noise can be considered. However, if there are limitations on the number of days per year, the number of hours for each permitted day, the frequency of the activities and strict timetables, the effects of noise levels will not be so prevalent.

In terms of the effect on the AONB, the developments which are the subject of this application are the use of the site and the retention of the works carried out without planning permission namely, the erection of the clubhouse and the laying of hard surfacing over the existing access and over a wider area forming a parking area. The clubhouse is situated approximately 150 metres from Sheepwash Lane and is not easily visible from there. It is, however, readily apparent from the footpath which traverses the site but, on higher land, the building does command some long distance views particularly in a south westerly direction which means the building will be able to be seen albeit with a backdrop of fairly dense copse land. The clubhouse has been finished in a dark green stain, it has a dark green corrugated profiled sheet steel roof and therefore all steps have been taken to reduce the impact of the building.

The adjoining Site of Interest to Nature Conservation, is outside the application site, as submitted. It does not therefore form part of this application and it is understood, from the agent that it is his client's intention to make an application for a Lawful Development Certificate since he claims that this land has been the subject of usage for a period in excess of ten years.

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 application 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 on 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.

JUSTIFICATION FOR RECOMMENDATION

This site has been in use for restricted clay pigeon shooting for a period of about 30 years and is only now before Planning Committee for permission to continue the use due to the erection of the clubhouse building and other structures which cumulatively imply the site has a continuing use for clay pigeon shooting. Without the structures, the land still could be used for up to 28 days in any calendar year without the grant of planning permission and so, in the 30 years which have elapsed, the only changes to the site may be the intensity of the use of shoot days and the physical alterations which have been made. It is necessary to balance the history of the site with the current proposals and despite the opposition which has been raised to the continued use, the reality is that if the application were to be refused and the structures removed from the site, the site could still be used for clay pigeon shooting for 28 days per calendar year unless the Council felt it necessary to make an Article 4 Direction to take away that permitted development right. After 30 years it would be difficult to justify the imposition of such a Direction. The most appropriate course is therefore considered to be to recommend Members to approve the development but to impose conditions to control the use in line with the suggestions of the Environmental Health Officer. Provision of facilities for outdoor sports is encouraged in principle by central Government in PPGs and therefore it is felt appropriate in order to minimise impacts on adjoining properties and therefore is consistent with UDP policies.

RECOMMENDATION - APPROVAL

Conditions/Reasons:

1	The clubhouse building hereby approved shall be maintained in a dark green colour to be agreed in writing with the Local Planning Authority. Reason: In the interests of the amenities and character of the area and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
2	The clubhouse hereby approved shall be used only on 'shoot' days as agreed in the schedule required by condition below and for quarterly meetings of the gun club and for no other purposes without the prior written consent of the Local Planning Authority. Reason: The site is in an area where general places of assembly would not normally be permitted in accordance with Policy G1 of the IW Unitary Development Plan.
3	The use hereby permitted, namely the shooting events, shall be limited to a total of 28, non consecutive days per annum. Of these 28 shooting events no more than 14 are to take place on Sundays and these events shall not occur on consecutive Sundays. Reason: To prevent annoyance and disturbance from the noise emissions of the shooting events.
4	The duration of any shooting even (from the first shot till the final shot) shall be restricted to 4 hours, and shall not take place outside the hours of 10:00 to 17:00. Reason: To prevent annoyance and disturbance from the noise emissions of the shooting events.
5	Shooting events shall not be permitted on Christmas Day, Remembrance Sunday, Bank Holidays. Reason: To prevent annoyance and disturbance from the noise emissions of the shooting events.
6	There shall be no shooting in the area shown on the attached map. Reason: To prevent annoyance and disturbance from the noise emissions of the shooting events.
7	A schedule of shooting events, including dates and durations shall be submitted annually to the Local Planning Authority, and the events shall not commence until this has been approved by the Local Planning Authority. There shall be no alterations to this schedule unless written consent is agreed with the Planning Authority at least two weeks prior to the change. Reason: To prevent annoyance and disturbance from the noise emissions of the shooting events.
8	The public right of way through the site shall be maintained for use at all times. A marshalling system shall be provided during those times of authorised shooting to ensure the safe passage of users of the right of way. Details of the marshalling shall be supplied for approval of the Local Planning Authority and no shooting shall be carried out until the details have been approved. Reason: In the interests of public safety and to maintain the public right of way.
9	Within a period of three months from the date of this decision trees and shrubs of species and numbers to be agreed with the Local Planning Authority shall be planted during the next planting season (Autumn 2003) and, thereafter any trees or shrubs dying, becoming diseased or damaged or otherwise shall be replaced with similar species and in such numbers agreed with the Local Planning Authority in writing, in the next planting season. Reason: To ensure the appearance of the development is satisfactory and to comply with Policy D3 (Landscaping) of the IW Unitary Development Plan.

TCP/23144/M P/01893/02 Parish/Name: Shanklin Ward: Shanklin South

Registration Date: 30/10/2002 - Full Planning Permission

Officer: Mr. G. Hepburn Tel: (01983) 823575

Applicant: Mr J & Mrs P Rodger

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)

22, Church Road, Shanklin, PO376QY

REASON FOR COMMITTEE CONSIDERATION

The application is a major submission that may be contentious during implementation which has not been reflected in the representations received to date.

PROCESSING INFORMATION

The application was received on 16 October 2002 and has been readvertised because of revisions. It was also held for this agenda to allow another similar application to be heard at the same time which is different, but with some similar issues.

LOCATION AND SITE CHARACTERISTICS

The site is part of the curtilage of the former main school building and its grounds. This area itself is divided by the Upper Chine which is an established landscaped belt furnished with a stream and indigenous landscaping. The former school main building is on the site. Primary access is from a substandard driveway to the north, although existing access points exist further to the south west (off site). Between these access points is an established tree belt. Adjoining the school building and part of the site is the former Margaret Pasmore Theatre known now as The Portico.

Generally this part of Shanklin appears as open undulating landscape with plateaus and the buildings appear very well integrated into this setting. The bridle path runs to the south of the site in a sweeping curve and terminates further north from the site. This route has now been improved and upgraded to form a road.

Existing substantial specimen trees are scattered over the site. Boundary treatments are informal.

Overall the site is attractive and forms a transitional area between town and country and has the appearance of very low density. The application site is approximately half the area of the immediate land surrounding the former school building. The former school building is located to the south west of the site. Generally the surrounding area is residential in character with a number of commercial properties used as hotels and guest houses.

RELEVANT HISTORY

The following planning permissions are appropriate:

An application entitled “Demolition and replacement of Norfolk Lodge & adjacent outbuildings with 2 detached dwellings; change of use of Clevelands Lodge (& associated Clevelands Cottage), Suffolk Lodge & Fairfield House from school dormitories to 3 detached houses; proposed 3 detached dwellings with garages & access drive off Priory Road; provision of access off Priory Road serving 2 detached dwellings. In addition, submitted for illustrative purposes only, the conversion of Upper Chine School to hotel, restaurant, themed wine bar & associated facilities; glazed enclosure over swimming pool, alterations to junction of Church Road/Priory Road and associated car/coach parking and 6 detached dwellings and the conversion of Downdale Lodge and Downdale Court to residential, site of Upper Chine School, Priory Road, Shanklin,”, was approved on 13 June 1998 subject to conditions and a legal agreement restricting the use of specific plots and the provision of affordable housing.

Demolition of part of school building; outline for six dwellings; change of use of Downdale Lodge and Downdale Court to residential; change of use of school building to hotel; proposed car parking and landscaping and alteration to public footpath; new access road off Priory Road and highway improvements at junction of Church Road/Priory Road approved 5 August 1998.

(Early ‘release’ of three of the residential units was agreed by the Planning and Countryside Committee on 30 March 1999, along with releasing the requirement to improve the building’s envelope following an offer from the developer to demolish a further element of the main school building).

Demolition of theatre, partial demolition of former school building, conversion of two/three storey extension to former school building and provide thirteen self-contained units of holiday accommodation, four detached houses, resiting of car park and alterations to vehicular access, traditional restaurant building and conversion of former building to bar linked to restaurant. Planning permission was refused on 30 June 1999.

An application for partial demolition of former school building; conversion of two/three storey section of former school building and extension to form thirteen self-contained holiday units, swimming pool, gym and ancillary accommodation; infilling of existing swimming pool to form tennis court; alterations to vehicular access has been approved subject to satisfactory highway improvements, 19 November 1999.

TCP/23144A - Two travel lodges and parking area; extension and conversion of former school building to form hotel/bed and breakfast accommodation and integral swimming pool. Granted 27 October 2000.

TCP/23144B - Three holiday units, one disabled person's holiday unit and manager's accommodation (Phase 2). Granted 3 May 2000.

TCP/23144E - Change of use of manager's office accommodation to form five holiday units with access off Church Road. Granted 13 September 2000.

TCP/23144F - Three holiday units. Granted 19 March 2001.

TCP/23144G - Conversion of living quarters in north wing to form ten flats. Refused 28 June 2001.

TCP/23144H - Demolition of theatre; construction of two travel lodges, formation of vehicular access and parking area. Granted 30 November 2001.

TCP/24645 – Four units of holiday accommodation with parking and turning area. Granted 17 May 2002.

TCP/23144J - Conversion of living quarters and remaining school rooms into six self-contained flats, alteration and extension to improve facilities to theatre. Deemed refusal and dismissed at appeal on 13 October 2002.

TCP/23144L - Erection of terrace of four holiday cottages, conversion of north wing ten self-contained holiday flats. Refused 1 October 2002.

TCP/23144N - Conversion of living quarters and school rooms into ten self-contained flats; alterations and extensions to improve facilities to theatre, including unilateral undertaking - current application.

DETAILS OF APPLICATION

Previous refusal

In essence, the old school building will be converted into ten holiday accommodation units with very little external alterations which will not be tied down to holiday accommodation.

In addition, there will be a row of two storey small domestic scale holiday units built to the north of the main building. Ten car parking spaces will be provided. Existing access will be removed and replaced on the A3055. Landscape scheme showing the replacement of loss of trees has been submitted.

DEVELOPMENT PLAN/POLICY

PPG1 emphasises the following:

The Government is committed to a plan-led system of development control which is given statutory force by Section 54A of the 1990 Act which emphasises where adopted or approved development plan contains relevant policies then application for planning permission shall be determined in accordance with the plan unless material considerations indicate otherwise.

“The objective of the plan-led system can be summarised as:

ensuring rational and consistent decisions;

achieving greater certainty;

securing public involvement in shaping local planning policies;

facilitating quicker planning decisions;

reducing the number of misconceived planning applications and appeals.”

PPG21 The planning system should therefore facilitate and encourage development and improvement in tourist provision. The development control system views that all new tourist related development is subject to proper appraisal where necessary, a new development can be made subject to conditions regulating its scale, location, access, design, landscaping, hours of operation and other requirements that will lessen its impact.

Unitary Development Plan

The Unitary Development Plan embodies PPG21 and the economic significance of tourism and its environmental impact and its importance in land use planning.

Policy T7(e) states:

“Planning applications for tourism uses in the area specified below and found on the proposals map will be approved:

(e) Upper Chine (formerly school site).”

Appendix H - Summary of existing and proposed developments:

Item 16 - Upper Chine, Shanklin.

A tourism development area T7(e) comprising of 2.5 hectares of land, including school buildings, playing fields and the Margaret Pasmore Theatre which, due to the relocation of the school, are now surplus to requirements. The site is adjacent to Shanklin Conservation Area and adjoins Big Mead Recreation Area. Access is from Church Road. An area of land allocated for residential development, in conjunction with this site, is considered suitable for reuse of the former large house and low density development of part of the school grounds, not complete redevelopment of the site. It is considered that the site is suitable for conference facilities for tourism accommodation, although reuse for educational purposes would also be acceptable. Any use of the site would need to reflect the character of the area.

Appendix A (item 94) - land at Upper Chine Shanklin:

“Two areas of land totalling 2.4 hectares to the south of Shanklin are included in the development envelope and allocated for residential development. The site of the former cottage hospital, derelict in a major fire should be redeveloped in keeping with the large properties in the area. The second area is part of a comprehensive development scheme in conjunction with tourism development allocated to the north and will be the subject of a detailed brief to guide the whole development. This area includes now redundant dormitory accommodation of Upper Chine School. Some parts of the former school accommodation are not considered suitable for retention or conversion whilst the former large houses within the grounds could be largely retained either as a large individual dwelling or as flatted accommodation. The parts of the former school grounds included in the development envelope are considered suitable for low density housing development within the landscaped grounds. Both the upper and lower playing fields are not considered suitable for development and are to be retained as open space.”

Policy D1 (Standards of Design), D2 (Standards for Development in the Site), Policy D3 (Landscaping), D11 (Crime and Design), D13 (Energy Conservation), C1 (Protection of Landscape Character), TR7 (Highway Considerations for New Development), TR6 (Cycling and Walking), TR17 (Public Rights of Way) and C8 (Nature Conservation).

CONSULTEE RESPONSES

Highway Engineer supports the application and suggests conditions re visibility and sight lines, accesses, closure of access and turning space.

The Tree Officer comments:

"The proposed new access would mean the loss of two sycamores directly in the way of the new drive and a sycamore to the west of the drive that would be lost to provide the visibility splay. If the proposed new footway were extended west of the bus stop as shown, it would also mean the loss of the yew tree ("fir tree' on plan).

The sycamores are large reasonably attractive trees, but I would not consider their loss sufficient reason to refuse the application.

The yew tree is smaller, but quite well shaped and very attractive which I believe should be kept if possible. If the footway extended only as far west as the end of the proposed new bus stop, this would remove the direct threat to the yew. However, its roots might still be significantly damaged by the construction of the new drive. If possible therefore, I advise that the location of the proposed drive be moved 2-3 metres further west to reduce the damage to the yew tree.

West of the three sycamores is a horse chestnut which might be lost if the drive were moved westwards, but the tree's leader has been broken out, so it is not well shaped enough to be worth protecting.

West of the horse chestnut are two limes, then another horse chestnut, then another lime. These are large attractive trees which should be retained, so the location of the drive should only be moved westwards if this would not necessitate the loss of four trees for visibility reasons.

Elsewhere on the site south of the existing drive three are other trees also worth protecting, including beeches and palms (Cordyline australis and Trachycarpus fortune). There is a palm (Trachycarpus fortunei) opposite the proposed location for the access off Church Road. If the drive were a shared surface for cars and pedestrians after the bus stop or if the location were moved westwards, this palm could be retained as well as the yew.

I advise that any consent granted is subject to the provision of protective fencing around trees and the planting of a new hedge behind the visibility splay."

PARISH/TOWN COUNCIL COMMENTS

No comments to date.

THIRD PARTY REPRESENTATIONS

Letters of objection concerned with overdevelopment, removal of trees, prevent bonfires, access problems, use as residential accommodation and disposal of foul sewage.

CRIME AND DISORDER IMPLICATIONS

Relevant officer has been given opportunity to comment, but no observations have been received.

EVALUATION

In order to keep this application in context of the Unitary Development Plan’s policy for the area, a brief mention of the history is relevant.

Although the area of application is shown on the Unitary Development Plan as an area where Policy T7(e) is appropriate, it is clear from the text that this site should be developed in conjunction with H3(94).

This has happened in the approved applications described within the history above. Generally speaking, the Planning and Countryside Committee allowed increased density and two units outside the development envelope to enable the former Girls’ School main building to be ‘pump primed’. That is, the profits from one development are set against the potential losses from another, allowing it to be more likely to be developed.

For this enabling development to work successfully, ideally an end result should be strived for. The ‘result’ under the two planning applications TCP/14525W and Z were described as follows:

Conversion of Upper Chine School to hotel, restaurant, themed wine bar and associated facilities and glazed enclosure over swimming pool.

Change of school buildings to an hotel.

Subsequent to these approvals, Members have also agreed to relax the restriction on timing of occupancy of three of the five agreed residential units to allow the costing which was to go forward to the renovation of the school buildings to be put to use in the demolition of outer buildings. Four schemes for holiday accommodation have been approved on the scheme to the south and two lots of the travel lodges giving a total of three (two overlap).

So that is where we are today. The overall comprehensive development has moved on and we find ourselves looking at half of the remaining site for a holiday use.

Unfortunately, this remaining part of the site has been further split by the main building now having two owners. Part of the main building has now also been taken outside the application site, requiring further details to be submitted regarding the internal arrangements.

The four holiday cottages proposed on this site are similar to those existing to the south. Although drainage has been mentioned in the Representations section, it must be remembered that this was a school which met the need of more pupils than will be accommodated in the new build.

Access to this site has always been a problem and the suggestion of moving the access onto the A3055 meets the Highway's requirement. This however, will result in the loss of four trees and would put the same number under threat if this access is implemented in the revised position. Three trees would be removed on safety grounds and a further two may need filling. The Tree and Landscape Officer has been consulted further.

In mitigation a landscaping scheme replacing those trees has been submitted, replant trees would be three Scots Pine, one Sweet Chestnut, fourteen large leafed trees (tall standard) and a further nine light standard trees in addition to comprehensive planting of shrubs. This will answer the access problem.

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 impact the 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 inference 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 of the Council's Unitary Development Plan and in the public interest.

JUSTIFICATION FOR RECOMMENDATION

Overall this site is an allocated tourist site that this application meets. A replacement access if required which will remove trees, but with a replacement programme, this is satisfactory.

RECOMMENDATION - APPROVAL

Conditions/Reasons:

1	Time limit - full - A10
2	The units hereby approved shall be used as holiday accommodation only. Reason: So that the use remains as holiday accommodation and to comply with Policy T7 (Tourism) of the Isle of Wight Unitary Development Plan.
3	No form of external lighting shall be attached to the buildings or placed within the grounds without the prior written approval of the Local Planning Authority. Reason: In the interests of the amenity of the area and in particular to protect the Upper Chine wildlife and to comply with Policy D1 of the IW Unitary Development Plan.
4	No goods shall be stored externally unless agreed in writing with the Local Planning Authority. Reason: In the interests of the visual appearance of the site and the amenities of the surrounding area and to comply with Policy D1 (Design) of the IW Unitary Development Plan.
5	The development hereby permitted shall not be commenced until a specification of the provision to be made for the storage and disposal of refuse following the commencement of use of the building(s) hereby permitted has been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall not be brought into use until the implementation of such provision for refuse has been completed in full accordance with such an approved specification and such provision shall be maintained thereafter. Reason: To safeguard the amenities of the locality and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
6	None of the units hereby approved shall be occupied until works for the disposal of sewage and surface water have been provided on the site to serve the development in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure an adequate system of sewage and surface water disposal is provided for the development and to comply with Policy U11 (Infrastructure and Service Provision) of the IW Unitary Development Plan.
7	Turning space - K41
8	No building shall be occupied until space has been laid out within the site (in accordance with the plan attached) for five bicycles to be parked and such provision shall be retained. Reason: To ensure adequate provision for the parking of bicycles and to comply with Policy TR6 (Cycling and Walking) of the IW Unitary Development Plan.
9	No development including site clearance shall commence on the site until all (trees/shrubs and/or other natural features), not previously agreed with the Local Planning Authority for removal, shall have been protected by fencing or other agreed barrier (along a line to be agreed in writing with the Local Planning Authority/such as to enclose all parts of the land hatched green on approved drawing no ...). Any fencing shall conform to the following specification: (1.2m minimum height chestnut paling to BS 1722 Part 4 standard, securely mounted on 1.2m minimum above ground height timber posts driven firmly into the ground/or 2.4m minimum height heavy duty hoardings securely mounted on scaffold poles, or other method of agreed protection which forms an effective barrier to disturbance to the retained tree). Such fencing or barrier shall be maintained throughout the course of the works on the site, during which period the following restrictions shall apply: (a) No placement or storage of material; (b) No placement or storage of fuels or chemicals. (c) No placement or storage of excavated soil. (d) No lighting of bonfires. (e) No physical damage to bark or branches. (f) No changes to natural ground drainage in the area. (g) No changes in ground levels. (h) No digging of trenches for services, drains or sewers. (i) Any trenches required in close proximity shall be hand dug ensuring all major roots are left undamaged. Reason: To ensure that trees, shrubs and other natural features to be retained are adequately protected from damaged to health and stability throughout the construction period in the interests of amenity and to comply with Policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.
10	No trees whatsoever, other than those shown in 'MSC Tree Services Limited Report in accordance with BS: 5837: 1991 on trees at Upper Chine' received by this Local Planning Authority on 4 February 2003 shall be removed without the prior written consent of the Local Planning Authority. Reason: To ensure that the development complies with Policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.
11	The planting programme entitled 'MJC Tree Services Limited Planting Programme for 22 Upper Chine House' received by this Local Planning Authority on 4 February 2003 shall be implemented before any residential units are occupied or within six months of the first tree to be removed whichever is the sooner. Reason: To ensure that the development complies with Policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.
12	In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of (1 year) from (the date of the occupation of the building for its permitted use). (a)No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work); (b)If any retained tree is removed, uprooted or destroyed or dies, a replacement tree shall be planted in the same place, or place to be agreed and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority. Reason: To ensure the protection of the trees to be retained in the interests of the amenities of the area and to comply with Policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.
13	Matching materials - S01
14	No structure or erection or natural growth, plants, shrubs, etc, exceeding 0.9 metre in height above existing road level shall be placed or permitted within the area of land as shown within the visibility splays hereby approved. Reason: In the interests of highway safety and to comply with Polcy TR7 (Highway Considerations) of the IW Unitary Development Plan.
15	Stopping up of existing access - J51
16	The development shall not be brought into use until the proposed footway linking the new access with the junction of Priory Road/Church Road has been constructed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that the highway improvements are provided first in the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.

TCP/23144/N P/00283/03 Parish/Name: Shanklin Ward: Shanklin South

Registration Date: 12/02/2003 - Full Planning Permission

Officer: Mr. G. Hepburn Tel: (01983) 823575

Applicant: Mr J & Mrs P Rodger

Conversion of living quarters & school rooms into 10 self-contained flats; alterations & extension to improve facilities to theatre, (revised scheme)

22 Church Road and The Margaret Pasmore Theatre, Priory Road, Shanklin, PO37

REASON FOR COMMITTEE CONSIDERATION

This application is a major submission that may be contentious during implementation which has not been reflected in the representations received to date. It is a departure application recommended for approval.

PERFORMANCE INFORMATION

This application was received on 12 February 2003 and if determined on 8 April 2003 will have taken eight weeks to determine.

LOCATION AND SITE CHARACTERISTICS

Existing substantial specimen trees are scattered over the site. Boundary treatments are informal.

RELEVANT HISTORY

The following planning permissions are appropriate:

TCP/23144A - Two travel lodges and parking area; extension and conversion of former school building to form hotel/bed and breakfast accommodation and integral swimming pool. Granted 27 October 2000.

TCP/23144B - Three holiday units, one disabled person's holiday unit and manager's accommodation (Phase 2). Granted 3 May 2000.

TCP/23144E - Change of use of manager's office accommodation to form five holiday units with access off Church Road. Granted 13 September 2000.

TCP/23144F - Three holiday units. Granted 19 March 2001.

TCP/23144G - Conversion of living quarters in north wing to form ten flats. Refused 28 June 2001.

TCP/23144H - Demolition of theatre; construction of two travel lodges, formation of vehicular access and parking area. Granted 30 November 2001.

TCP/23144J - Conversion of living quarters and remaining school rooms into six self contained flats, alterations and extension to improve facilities to theatre. Deemed refusal and dismissed at appeal 13 October 2002.

TCP/23144L - Erection of terrace of four holiday cottages, conversion of northern wing ten self-contained holiday flats. Refused 1 October 2002.

TCP/23144M - Erection of terrace of four holiday cottages; conversion of northern wing former living quarters into ten self-contained holiday flats. Revised plans showing resiting of access, removal of trees and landscaping scheme. Still current.

DETAILS OF APPLICATION

In essence, the old school building will be converted into residential accommodation with very little external alterations which will not be tied down to holiday accommodation.

Coupled with the conversion are extensions and alterations to the theatre building in order to bring it up to a satisfactory standard for use by the public. The proposals include disabled facilities (toilets, ramps etc), improvements internally to the lighting system and additional facilities for eating etc.

Extensions include a one storey conservatory to the rear and one storey extensions to the front effectively filling in the void of the existing overhang.

Access for the residential units is now shown to be from the A3055. This will involve the removal of existing trees and a replacement landscaping scheme. There has been a unilateral undertaking submitted (copy attached).

DEVELOPMENT PLAN/POLICY

PPG1 emphasises the following:

“The objective of the plan-led system can be summarised as:

ensuring rational and consistent decisions;

achieving greater certainty;

securing public involvement in shaping local planning policies;

facilitating quicker planning decisions;

reducing the number of misconceived planning applications and appeals.”

Unitary Development Plan

The Unitary Development Plan embodies PPG21 and the economic significance of tourism and its environmental impact and its importance in land use planning.

Policy T7(e) states:

“Planning applications for tourism uses in the area specified below and found on the proposals map will be approved:

(e) Upper Chine (formerly school site).”

Appendix H - Summary of existing and proposed developments:

Item 16 - Upper Chine, Shanklin.

Within the Unitary Development Plan, the following policies apply:

H1 “The majority of new residential development will be expected to be located within the defined development envelopes of the main settlements of Cowes, East Cowes, Newport, Ryde, Sandown and Shanklin. Planning applications for major residential schemes outside the main Island towns will not be permitted.”

H3 “Planning applications for residential development will be approved on the sites listed in Appendix A subject to any specific guidance as detailed.”

Appendix A (item 94) - land at Upper Chine Shanklin:

CONSULTEE RESPONSES

Highway Engineer at the date of preparing this report has made no observations. However, it is anticipated that his response will be similar to TCP23144M which also appears on this agenda. On that application he recommends conditions.

Environmental Health Officer's comments have not been received at the time of preparation of this report.

The Theatres Trust have not commented on this application to date but on a previous similar scheme for six residential units they commented:

"We note that your covering letter states that this 'seeks to generate monies for the inclusion of the existing theatre'. I am not clear whether the works proposed would be contrary to the Development Plan policies or have any potential negative effects. Our expertise is in theatres buildings. In order to assess whether you are being presented with 'a good deal', I will need to know this as well as the following. How much money will be generated, what will it be spent on, what mechanisms will ensure that it is spent in the best way, will there be a Section 106 agreement?"

Responding to the same access considerations resulting from TCP23144M the Tree Officer responds;

"The proposed new access would mean the loss of two sycamores directly in the way of the new drive, and a sycamore to the west of the drive that would be lost to provide the visibility splay. If the proposed new footway were extended west of the bus stop as shown, it would also mean the loss of the yew tree ("fur tree" on plan).

The sycamores are large reasonably attractive trees, but I would not consider their loss sufficient reason to refuse the application.

The yew tree is smaller but quite well-shaped and very attractive which I believe should be kept if possible. If the footway extended only as far west as the end of the proposed new bus stop, this would remove the direct threat to the yew. However, its roots might still be significantly damaged by the construction of the new drive. If possible, therefore, I advise that the location of the proposed drive be moved 2-3m further west to reduce the damage to the yew tree.

West of the three sycamores is a horse chestnut which might be lost if the drive were moved westwards, but the tree's leader has been broken out so it is not well-shaped enough to be worth protecting.

Elsewhere on the site, south of the existing drive, there are other trees also worth protecting, including beeches and palms (Cordyline australis and Trachycarpus fortunei). There is a palm (Trachycarpus fortunei) opposite the proposed location for the access off Church Road. If the drive were a shared surface for cars and pedestrians after the bus stop, or if the location were moved westernwards, this palm could be retained as well as the yew.

I advise that any consent granted is subject to the provision of protective fencing around trees and the planting of a new hedge behind the visibility splay".

PARISH/TOWN COUNCIL COMMENTS

Members of the Town Council reiterated their view that the development should be tourist related as per the original design for the whole site. Therefore the flats should be for holiday use only and the retention of the theatre was vital.

THIRD PARTY REPRESENTATIONS

Letter of concern regarding residential development and sewerage capacity.

CRIME & DISORDER IMPLICATIONS

Relevant Officer has been given opportunity to comment but no observations have been received.

EVALUATION

In order to keep this application in context of the Unitary Development Plan’s policy for the area, a brief mention of the history is relevant.

For this enabling development to work successfully, ideally an end result should be strived for. The ‘result’ under the two planning applications TCP/14525W and Z were described as follows:

Conversion of Upper Chine School to hotel, restaurant, themed wine bar and associated facilities and glazed enclosure over swimming pool.

Change of school buildings to an hotel.

Subsequent to these approvals, Members have also agreed to relax the restriction on timing of occupancy of three of the five agreed residential units to allow the costing which was to go forward to the renovation of the school buildings to be put to use in the demolition of outer buildings. Three schemes for holiday accommodation have been approved on the scheme to the south and two lots of the travel lodges giving a total of three (two overlap).

So that is where we are today. The overall comprehensive development has moved on and we find ourselves looking at half of the remaining site for a residential use and the conservation/renovation of the theatre.

Quite clearly there is little physical alterations to the main building and no principal change to the theatre. Therefore this application should be determined primarily on the principle of allowing residential accommodation. On its own residential accommodation has been refused for ten flats on policy grounds. This application is somewhat different in that it brings forward and safeguards the use of the theatre by effectively paying for its retention by the share of profits made on the residential development.

The application is clearly a departure and it is my opinion that it simply falls to be determined on how much weight should be given to this community facility and whether in itself this outweighs the primacy of the Unitary Development Plan. That is, whether the material consideration of retaining this theatre outweighs the effective concession of allowing residential development.

It is a fine balance to make, but there does seem from the letters of support on previous applications and the perceived feeling from the community that this asset is required. To date, it can be clearly seen that money has been invested in a refurbishment of the building so there does appear to be a genuine intent to improve this facility. An engineer's report on the structure of the buildings has been submitted and shows that maintenance and repair costs could be prohibitive.

The proposed theatre's use will be more than a theatre and will attempt to attract school parties (possibly staying overnight) and other uses of conference facilities. This ties in with the original intentions of Policy T7.

To date, the designation for Tourism (T7) has only come forward with holiday accommodation which although meritable in itself, does not actually provide any variety of facilities. The theatre would. It is important that the permission if forthcoming establishes how much money will be generated for the theatre, what it will be spent on and what mechanisms will ensure that it is spent in the best way.

Figures have been produced that the maintenance running costs per year will be £70,000.

The previous application under TCP23144J was appealed under non determination and the appeal was dismissed. However, it was dismissed on highway grounds not the principle. On the principle the Inspector said;

"12. The powers of the unilateral undertaking are clearly limited because although it has been signed by the landowner it places obligations only upon the appellants and on the Portico Trust. These obligations would last as long as the lease of the theatre, dated 29 July 2002, which it was confirmed at the Hearing is for 25 years, but in reality could only be enforced as long as the use of the theatre remained viable. However, the appellant has already made a substantial investment in the building and has demonstrated a commitment to ensuring its future use. On this basis and taking into account all the evidence before me, including support from the local community, I consider that the proposed development offers a realistic prospect of ensuring the retention and use of the theatre.

13. To conclude on this matter, I consider that the benefit of retaining the theatre outweighs the fact that the proposed development does not accord with Policy T7 of the UDP. Furthermore I consider that the unilateral undertaking submitted by the appellant would provide a satisfactory mechanism for ensuring the future of the theatre".

The unilateral undertaking is attached as an appendix. The retained solicitors comments are also attached.

Therefore, if this principle is acceptable by the Inspector the only outstanding issue is the highway access.

Access to this site has always been a problem and the suggestion of moving the access onto the A3055 meets the Highways requirement. This however will result in the loss of four trees and would put the same number under threat if the access is implemented in this revised position. Three trees would be removed on safety and a further two would need felling. The Tree and Landscape Officer has been consulted further.

In mitigation a landscaping scheme replacing these trees has been submitted. Replacement trees would be 3 x Scotts Pine, 1 x Sweet Chestnut, 1 x large Leaf tree (tall standard) and a further 9 light standard trees in addition to a comprehensive planting of shrubs. This will overcome the access problem.

There may of course be some scope if planning permission is forthcoming to use the accommodation within the Travel Lodge for overnight accommodation.

Turning to the detail, the internal arrangements within the theatre are what you would expect in a theatre with some form of ancillary usage. The extensions to the front take into account the overall design of the 1970s building.

The conversion of the former school building to residential development by definition relates to an existing building which in itself will have an established visual impact. Improvements to the building's envelope is focused on minor alterations as touched upon earlier. The proposed renovations will have a positive impact on this attractive building.

Car parking on the site is adequate.

Facilities are provided in the theatre for the general public.

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 of the Council's Unitary Development Plan and in the public interest.

REASONS FOR RECOMMENDATION

Having given due regard and appropriate weight to all the material considerations referred to in the Evaluation section of this report, I am of the opinion that bringing forward the benefit and retention of the theatre outweighs in this instance the primacy of the Unitary Development Plan and such an application should be supported. It is important to establish the mechanism and the delivery of such and the unilateral undertaking is acceptable. Access will have some impact but this will be for short to medium term.

RECOMMENDATION - APPROVAL AND ACCEPT THE UNILATERAL UNDERTAKING

Conditions/Reasons:

1	Time limit - full - A10
2	No form of external lighting shall be attached to the buildings or placed within the grounds without the prior written approval of the Local Planning Authority. Reason: In the interests of the amenity of the area and in particular to protect the Upper Chine wildlife and to comply with Policy D1 of the IW Unitary Development Plan.
3	No goods shall be stored externally unless agreed in writing with the Local Planning Authority. Reason: In the interests of the visual appearance of the site and the amenities of the surrounding area and to comply with Policy D1 (Design) of the IW Unitary Development Plan.
4	The development hereby permitted shall not be commenced until a specification of the provision to be made for the storage and disposal of refuse following the commencement of use of the buildings hereby permitted has been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall not be brought into use until the implementation of such provision for refuse has been completed in full accordance with such an approved specification and such provision shall be maintained thereafter. Reason: To safeguard the amenities of the locality and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
5	None of the units hereby approved shall be occupied until works for the disposal of sewage and surface water have been provided on the site to serve the development in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure an adequate system of sewage and surface water disposal is provided for the development and to comply with Policy U11 (Infrastructure and Service Provision) of the IW Unitary Development Plan.
6	Turning space - K41
7	No building shall be occupied until space has been laid out within the site (in accordance with the plan attached) for five bicycles to be parked and such provision shall be retained. Reason: To ensure adequate provision for the parking of bicycles and to comply with Policy TR6 (Cycling and Walking) of the IW Unitary Development Plan.
8	No trees whatsoever other than those shown in "MJC Tree Services Ltd Report, in accordance with BS5837:1991 on trees at Upper Chine" received by this Local Planning Authority on 4 February 2003 shall be removed without the prior written consent of the Local Planning Authority. Reason: To ensure that the development complies with policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.
9	The planting programme entitled "MJC Tree Services Limited Planting Programme for 27 Upper Chine House" received by this Local Planning Authority on 4 February 2003 shall be implemented before any residential units are occupied or within 6 months of the first tree to be removed whichever is the sooner. Reason: To ensure that the development complies with Policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.
10	No development including site clearance shall commence on the site until all trees/shrubs and other natural features, not previously agreed with the Local Planning Authority for removal, shall have been protected by fencing or other agreed barrier along a line to be agreed in writing with the Local Planning Authority. Any fencing shall conform to the following specification: (1.2m minimum height chestnut paling to BS 1722 Part 4 standard, securely mounted on 1.2m minimum above ground height timber posts driven firmly into the ground/or 2.4m minimum height heavy duty hoardings securely mounted on scaffold poles, or other method of agreed protection which forms an effective barrier to disturbance to the retained tree). Such fencing or barrier shall be maintained throughout the course of the works on the site, during which period the following restrictions shall apply: (a) No placement or storage of material; (b) No placement or storage of fuels or chemicals. (c) No placement or storage of excavated soil. (d) No lighting of bonfires. (e) No physical damage to bark or branches. (f) No changes to natural ground drainage in the area. (g) No changes in ground levels. (h) No digging of trenches for services, drains or sewers. (i) Any trenches required in close proximity shall be hand dug ensuring all major roots are left undamaged. Reason: To ensure that trees, shrubs and other natural features to be retained are adequately protected from damaged to health and stability throughout the construction period in the interests of amenity and to comply with Policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.
11	In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of 5 years from (the date of the occupation of the building for its permitted use). (a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work); (b) If any retained tree is removed, uprooted or destroyed or dies, a replacement tree shall be planted in the same place, or place to be agreed and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority. Reason: To ensure the protection of the trees to be retained in the interests of the amenities of the area and to comply with Policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.
12	Matching materials - S01
13	No structure or erection or natural growth, plants, shrubs, etc, exceeding 0.9 metre in height above existing road level shall be placed or permitted within the area of land as shown within the visibility splays shown on the plans hereby approved. Reason: In the interests of highway safety and to comply with Polcy TR7 (Highway Considerations) of the IW Unitary Development Plan.
14	Stopping up of existing access - J51
15	The development shall not be brought into use until the proposed footway linking the new access with the junction of Priory Road/Church Road has been constructed, in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that the highway improvements are provided first and in the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

TCP/25118 P/01703/02 Parish/Name: Arreton Ward: Central Rural

Registration Date: 20/09/2002 - Full Planning Permission

Officer: Mr. G. Hepburn Tel: (01983) 823575

Applicant: Bardon Vectis - Aggregate Industries UK Ltd

Mineral extraction, the importation of inert material for restoration to agriculture, the creation of a lake for passive recreational uses & construction of new access road

land adjacent Hale Manor Farm, Hale Common, Newport, PO30

REASON FOR COMMITTEE CONSIDERATION

The application is a major submission where there are a number of significant issues to be resolved.

PERFORMANCE INFORMATION

This is a major application that was received on 19 September 2002. Important issues regarding visual impact and sound attenuation have been addressed within that time.

LOCATION & SITE CHARACTERISTICS

Application site is currently farm land measuring approximately 20 hectares and situated to the immediate south and west of Hale Manor Farm. A farm track subdivides the site into two elements east and west and there is a footpath/bridle way to the south but not abutting the site. The land falls towards the former railway line to the west.

The farm itself is situated approximately 0.5 kilometres northwest of Hale Common. It lies on the western side of the A3056 Newport to Sandown road and has its own access.

RELEVANT HISTORY

None other than TCP/7469/A Overhead electricity line in 1967.

DETAILS OF APPLICATION

The application has been submitted with an Environmental Statement, Executive summary and supporting information.

The planning application is for the winning and working of sand and gravel, the importation of inert material for restoration to agricultural use, the creation of a lake for possible recreational uses and construction of a new access track south of the existing farm access. The land is classified grade 2, 3a and 3b agricultural land.

The site is effectively split into two each area with 5 phases of working. Each phase will be approximately 1 year working moving approximately 40,000 tonnes per year.

50% sand and 50% gravel with a mean thickness of 1.2 metres will be extracted from an overlain (overburden and topsoil) of 0.9 metres (mean) total reserves is estimated at 0.39 million tonnes.

The site will be worked north and south on the west side then north to south on the west side. The access of land will be backfilled with approximately 20,000 cubic metres of inert material per annum. The lake will occupy the final four phases with phase six being used for car parking and landscaping.

Wheels will be cleaned through cattle grids. Materials will not be processed on site but at Blackwater Quarry. 5 persons will be employed. 3 vehicles will make 10 pound trips each per day to the Quarry. Inert material will be brought in 16 tonne 3 axle and 21 tonne 4 axle vehicles.

Visibility splays to the new formed junction would be provided.

Landscape impact will be reduced by mitigation methods.

DEVELOPMENT PLAN/POLICY

Minerals Planning Guidance: Guidelines for Aggregate Provision (MPG6) April 1994 - Advances guidance on the importance of mineral supply while taking into consideration social, environmental and economic costs. It puts responsibility on Mineral Authorities to identify sites.

PPG10 Planning and Waste Management - the planning system should ensure adequate provision to be made for waste management facilities in appropriate locations without undue adverse environmental effects or nuisance.

PPG 7 Countryside.

Regional Planning Guidelines for South East (RPG9) 2001

UDP Policies

M1 (Availability of Mineral Resources)

M2 (Criteria for defined Mineral Workings)

M3 (Criteria for New Mineral Workings)

M4 (Safeguarding Mineral Reserves)

M8 (Restoration and After Care)

M9 (Mineral Sites)

W1 (General Waste Disposal)

D1 (Standards of Design)

P1 (Pollution and Development)

P2 (Minimise Contamination from Development)

P5 (Reducing the Impact of Noise)

C1 (Protection of Landscape Character)

C2 (Areas of Outstanding Natural Beauty)

Site is allocated as a mineral site.

CONSULTEE RESPONSES

Environmental Health suggests condition to limit the maximum noise levels within certain times.

The Ecology Officer comments:

"The site is an area of low ecological value. However, it adjoining the Eastern Yar valley which has, along its length, several SSSIs and SINCs. I would raise no objection to the proposals on ecological grounds, provided that the Environment Agency are in agreement with the conclusions of the Consultant Hydrological Report, namely that, with appropriate mitigation, the extraction will not have any adverse effects on water quality or quantity within the Eastern Yar.

The ecological report did identify the presence of badgers on site. At the time of the survey (May 2002) they were using a part of the site for foraging and this would not cause a problem for the application. However, this situation could change with time, and prior to the commencement of development in key areas, badger activity should be re-assessed to ensure compliance with the Badger Act, 1992.

The subsequent restoration of the worked site provides significant opportunities to create a landscape which is both pleasing and bio diverse. It is proposed that the loss of groundwater storage capacity resulting from the development and restoration of the site will be compensated for by the creation of a large, open body of water, to be developed for passive recreational use. At present, the proposed shape of this water feature is rather imaginative and yet there is scope on the site to create an attractive water feature with gently profiled, low-lying wetland areas which have value for wildlife and are not accessible to the public.

I consider that restoration to agriculture is inappropriate across the entirety of the remainder of the site. There are opportunities to provide new benefits for wildlife by habitat creation which would be low cost and low maintenance. In particular, the restoration of open, gravelly habitats which at one time would have existed on this site, could be obtained with minimal planting onto a poor, gravelly substrate. This may indeed be preferable to importing large quantities of topsoil to the detriment of another site elsewhere.

I would suggest that, if approved, the applicant should provide a detailed and phased landscaping scheme which adequately addresses hydrological, landscape and habitat creation issues across the site."

Department for Environment Food and Rural Affairs; Land consists of Grades 2, sub grade 3a and subgrade 3b quality (2 and 3a fall within Best and Most Versatile). They do not agree that the application site is of lower quality and its loss would have little significance in terms of national agricultural policy. Lumping together may be acceptable provided soil type C is excluded.

County Archaeologists comments as follows:

"As the details of the planning application state (Section 8.0: Cultural Heritage)< the applicants have provided the results of a pre-determination archaeological evaluation to accompany their application, as required by the Council's UDP (Policy B9b) and PPG 16. The two-stage evaluation was undertaken during February and March 2002 by independent archaeological contractors.

As outlined in my memo dated 17 April 2002 to Steve Cornwell, the evaluation revealed no evidence of Nationally or Regionally Important remains. Part of Phase 1 of the proposed workings do, however, contain archaeological remains of local significance.

Consequently I recommend that there need be no further archaeological requirement for phases 2, 3, 4 and 5, however the developer should be required to fund an archaeological watching brief on part of plot 1. This can be secured by attaching the following condition to any planning permission which might be given.

No development should take place within Plot 1 of the development site until the applicant has secured the implementation of a program of archaeological observation in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority.

Notification of the commencement of development and appointed archaeologists should be given in writing to the address below not less than 14 days before commencement of works:

The County Archaeologist, Isle of Wight County Archaeology Service, 61 Clatterford Road, Carisbrooke, Newport, Isle of Wight, PO30 1NZ,"

The Environment Agency comment:

"The Hydrogeological Impact Assessment proposes mitigation measures for the development post restoration. However, there are no measures to limit the impact on both groundwater quality and groundwater quantity during the duration of the development.

There is no information on groundwater levels other than mentioning that they are likely to be shallow. The applicant needs to provide information on groundwater levels, and in particular whether there will need to control groundwater levels during the quarrying operation, or whether the quarrying will be carried out wet. This information is also needed to clarify the applicability of Environment Agency Policy on infilling of waste directly into groundwater, as we may object to the development in principle if this is the case.

We are in the process of setting up a meeting with the landowner's Agent for this proposed development, Drewett Neate, who have written to us separately about further proposals at Hale Manor Farm in connection with water management. However, prior to the meeting, the above information should be provided so that the discussions can be as productive as possible.

As a result, I also request that the consultation period be extended to allow the Agency time to consider further information which may arise."

PARISH/TOWN COUNCIL COMMENTS

Parish Council comments "Can you tell me why this is only a suggested site in the UDP and does this make it more or less likely to be approved by the Planning Committee? As you will probably know there is quite a lot of local concerns over these plans."

This is further followed with a recommendation for refusal addressing the following points:

" 1. The increase of heavy traffic along the A3056. As the 40mph speed limit only applies to the village and not the road beyond Horringford, heavy traffic would be turning across traffic on their approach to Hale Manor Lane, and there is no lower speed limit for this stretch of road.

2. Large number of heavy lorries will be an environmental nuisance to the residents of Arreton village.

3. April to October (suggested times of operating the site) is the busiest time on this road because of holiday traffic. But the Council acknowledge that weather that plays a large part in the digging of the gravel.

4 Hedgerows need to be maintained, as there will be an ecological effect on insects, badgers and foxes in the area.

5. No mention has been made of a slurry pool or of building lagoons for washing gravel.

6. There is no mention of facilities for men working at the site.

7. Concern was expressed about stones, etc bouncing off lorries through Arreton village. Children and adults are being encourages to walk to school. This hazard could deter them from doing so.

8. Has the possibility of a back entrance through Crouchers Cross been thought of?

9. When the land is landscaped after the completion of gravel extraction and a lake made, will there be public access for water sports etc?

Councillors have put all these points to Mr C House, General Manager of Bardon Vectis, but have had no response; therefore, to safeguard the villagers of Arreton, this application is recommended for refusal. The Councillors are not against the digging of the sand and gravel but are concerned with the environmental results, especially with regard to more heavy traffic through the village of Arreton. "

THIRD PARTY REPRESENTATIONS

Fourteen letters of concern/objection regarding lack of bunding and the need to enhance hedgerows, noise, disturbance, effect on wildlife, enough ponds in area, natural beauty, increased traffic, speed limits, vibration, dust, effect on geese, change the uses of the track to and from Stichworth, sheer size of development, principles, planning blight, damage to properties, question of need.

CRIME & DISORDER IMPLICATIONS

Relevant Officer has been given opportunity to comment but no observations have been received.

EVALUATION

This site (of 19.5 hectares) has been identified within the Unitary Development Plan (UDP) for use as a site appropriate for the mining of minerals. The UDP adopts regional and national policy.

There is therefore no objection in principle to this site being developed as proposed. Planning permission should be forthcoming providing the details of operation (including noise and visual impact), restoration and after care are satisfactory.

It is envisaged that the site will be extracted at a maximum rate of 40,000 tonnes per annum for a duration of 10 years. The length of duration of course depends upon the rate of extraction. By the nature of the deposit there is a substantial amount of inert material on site which are in essence layers of material above the sand seams that cannot be used. This would appear from the figure submitted that the proposed rate of external inert material being deposited on site is not fundamental to the restoration process. The rate of inert material will be governed by restricting the next phase subject to the previous stage but one being restored.

Policy M2 within the Unitary Development Plan refers to the criteria for defined mineral working. Therefore I propose to take each detail outlined within this policy in turn;

The effect which any proposal working and restoration will have on the landscape. It is not disputed that this development will have an impact on the landscape value of the area. However this will be for a finite period and so any impact should be judged that within 10 years the land will be restored. It is planned that the landscape will be graded to form a depression to allow for a naturally infilled lake. The land does not form part of a visible ridge line so the provision of a lake will not cause demonstrable harm.

During the extraction operation a rolling bund acting as an apron will be employed. This will allow restricted views and some attenuation to take place. The appropriate restoration works well and in the long term will restore the area to a landscape character conducive with the surroundings. It will be essential to tie any restoration through conditions.

The conservation status of this site and the potential effect of the proposal on flora and fauna, geological, geomorphological and archaeological remains and Ancient Monuments. This application through the restoration seeks to add to the biodiversity in this area. The use of a wet (lake) area will allow colonization to take place. Protected species such as the badger will have to have a separate licenses from English Nature. The Archaeological Officer confirms that there is little risk of disturbing archaeological remains. A condition is suggested.

The amount and quality of any agricultural land affected. There is a mixture of soil types on site. Mixing does not appear to be a problem if the poorest soil is not mixed in. It remains important that soil/sub soil and overburden are kept separated. The land will be restored back to a primarily agricultural use with some grazing taking place. The site will be enhanced by landscaping with a lake area so although arguably not to agriculture will allow for enhanced environmental benefits.

Proposals for restoration to a condition suitable for an appropriate after use.

The proposal to restore in a phased anti clockwise method appears to be the most logical. The use of inert material covered with a layer of topsoil will establish appropriate foundation for the landscaping and agricultural use. Suitable conditions of after care will secure the use.

The scale and lifespan of the operation. It is anticipated that the life of the site will be approximately 10 years depending on the rate of extraction. This covers the plan period for the Unitary Development Plan and therefore meets the requirements of providing a consistent supply. The site itself is somewhat open however and its scale is not of a magnitude that its impact is widespread. The return of inert material onto site is not pivotable in the application as there is an amount of overburden that cannot be used and remains on site. Remembering that if supplies reduce then this can be accommodated with the provision of the lake.

The effect of the proposal on ground water supplies and land drainage. It is essential that the material deposited remains inert and does not bleed into the water courses nor unduly exaggerates the storage capacity or otherwise in the locality. Details of this are covered within the correspondence between the Environment Agency. It is likely that a Waste LIcence is required and therefore its requirements do not need to be duplicated. Copy of correspondence regarding bore holes are on file.

The direct effects on adjacent residents and properties for example of noise and dust. Attenuation of dust and noise are essential. The operation is limited in that the activities on site are limited to working and not processing. Sound reports have been submitted and Environmental Health suggests conditions. Dust suppression and mud on road can be covered by condition. Bunds are to be provided but in addition I would suggest an additional bund to the east of the Lake area. This will take away any visual intrusion and limit sound to noise sensitive properties. Noise levels are unlikely to be above background level to the north property Stichworth Hall. Noise calculation did not take into account that the working will be in a depression.

The effects on countryside and coastal recreation. To degree this has been covered in the previous section but nevertheless the main impact on the countryside is visual. However a positive impact on the countryside is that this site employs several workers throughout the year.

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 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 on the rights and freedom of the applicant. It is also considered that such action is proportional to the legitimate aim of the Councils Unitary Development Plan and in the in public interest.

JUSTIFICATION FOR RECOMMENDATION

This application has been submitted with a full and broad appraisal by the applicants and accordingly it is very clear what the likely impacts of this development area. This is an allocated site. With conditions to reduce its impact I believe this development will be acceptable.

RECOMMENDATION – APPROVAL

Conditions/Reasons:

1	The permission hereby granted applied to the area of land shown within the red line on drawing No. 600/PL1 received 19 September 2002 and relates to the extraction of sand and backfilling with inert material, the restoration of the site and its after care. The development shall be commenced before the expiration of 5 years from the date of this permission and shall thereafter have a duration of 10 years from the date the development commences, excluding the duration of the requirements set out in conditions 5, 14 and 15 below. A minimum of 7 days' notice in writing shall be given to the Local Planning Authority prior to the development being commenced. Reason: To comply with section 91 of the Town and Country Planning Act 1990.
2	A copy of the approved scheme or working/restoration/after care and a copy of this permission shall be displayed at the site offices at all times for operators and contractors working on site to refer to. Reason: To ensure that operators and contractors working at the site are familiar with the requirements of the scheme and the permission.
3	No development shall take place until a scheme and programme of measures for the suppression of dust has been submitted to and approved in writing by the Local Planning Authority. The scheme and programme shall be complied with at all times. The scheme and programme shall include, inter alia: - Measures for the suppression of dust caused by the moving and storage of soil, overburden, stone and other materials within the site. Reason: To minimise the impact of operations on the amenities of the area and to comply with Policies M8 (Restoration and After Care) and M2 (Defined Mineral Working) of the Isle of Wight Unitary Development Plan.
4	Unless agreed in writing with the Local Planning Authority, the output of mineral from/total amount of material leaving the site shall not exceed 50,000 cubic metres a year or 10,000 cubic metres a month, whichever is the lesser. The operator shall maintain records of the output of mineral/amount of material leaving the site and shall make them available to the Local Planning Authority on request. The records shall be kept for at least 36 months. Reason: To reduce the environmental and traffic impacts of the operations and to comply with Policies TR7 (Highway Considerations) and M2 (Defined Mineral Working) of the Isle of Wight Unitary Development Plan.
5	Unless otherwise agreed in writing by the Local Planning Authority the working restoration and after care of the site shall be carried out only in accordance with the working programme and phasing plans shown in the submitted application and revised in the application dated 19 September 2002. Reason: To enable the Local Planning Authority to adequately control the development and to minimise its impact on the amenities of the local area and to comply with Policies M8 (Restoration and After Care) and M2 (Defined Mineral Working) of the Isle of Wight Unitary Development Plan.
6	Notwithstanding the provision of the Town and Country Planning (General Permitted Development Order 1995) or any Order revoking or re-evert that Order. a) No fixed plant or machinery, buildings, structures and erections, or private ways shall be erected, extended, installed and replaced at the site/quarry complex without the prior agreement in writing by the Local Planning Authority. b) No waste materials shall be deposited except inert materials at the site/quarry complex without prior agreement in writing of the Local Planning Authority. Reason: To protect the amenities of the area and to comply with Policies D1 (Standards of Design) and M2 (Defined Mineral Working) of the Isle of Wight Unitary Development Plan.
7	Except in emergencies to maintain safe quarry working (which shall be notified to the Local Planning Authority at the earliest opportunity together with details of the emergency and the operations carried out) or unless the Local Planning Authority has agreed otherwise in writing: a) No operations, other than water pumping, servicing, environmental monitoring, maintenance and testing of plant shall be carried out at the site except between the following times: 0730 hours and 1730 hours Monday to Friday; and 0730 and 1300 hours Saturdays; b) No operations for the formation and subsequent removal of material from any environmental banks and soil storage areas shall be carried out at the site except between the following times: 0730 hours and 1730 hours Monday to Friday, and 0730 hours and 1700 hours Saturdays; c) No operations other than environmental monitoring and water pumping at the site shall take place on Sundays or public holidays. Reason: To protect the amenities of local residents and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
8	No extraction shall take place below the levels shown on drawing number 600/PL1 received on 19 September 2002. Reason: To ensure that the water resource remains undisturbed.
9	The perimeter of the site shall be made secure for the duration of the development in accordance with the details to be submitted to and approved in writing by the Local Planning Authority. Nothing that may cause harm to the environment shall at any time be allowed to flow onto or permeate any adjacent land nor shall anything at any time be allowed to spill over or be blown on to any adjacent land. Reason: So that the development is contained within its permitted boundaries to avoid effects on surrounding land and to avoid affecting the restoration or subsequent after care of the site and to ensure that any fencing required by other legislation is kept to a minimum in size and to comply with Policies D1 (Standards of Design) and M2 (Defines Mineral Workings) of the Isle of Wight Unitary Development Plan.
10	The surface of the site access where it abuts the public highway shall be maintained in a good state of repair and kept clean and free of mud and other debris at all times so as not to impinge on the free flow of vehicular traffic. Reason: In the interests of highway safety and to comply with policies TR7 (Highway Considerations) and M2 (Defined Mineral Working) of the Isle of Wight Unitary Development Plan.
11	Before any development commences, details of the arrangement to be made for waste water drainage and treatment, land drainage, drainage or access and haul roads, etc. shall be submitted to and approved by the Local Planning Authority in writing. All works included in the approved details shall be carried out before mineral working operations begin. Reason: To minimise the risk of pollution and to prevent water and slurry getting onto the highway and to comply with Policies P1 (Pollution and Development), W5 (Waste Water Treatment) and TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
12	All vehicles, plant and machinery operated within the site shall at all times by maintained in accordance with the manufacturer's specification and be fitted with and use effective silencers. At all times, all reasonable steps shall be used to minimise the effects of noise emitted by vehicles, plant and machinery. Reason: To ensure minimum disturbance from operations and avoidance of nuisance to the local community and to comply with Policies P1 (Pollution) and M2 (Defined Mineral Working) of the Isle of Wight Unitary Development Plan.
13	No extraction, tipping or storage of materials shall take place within 20 metres of any watercourse. No materials shall be permitted to enter any watercourse or culvert. Reason: To minimise the risk of pollution of watercourses and aquifers and to comply with Policies P1 (Pollution) and M2 (Defined Mineral Workings) of the Isle of Wight Unitary Development Plan.
14	The scheme approved under condition 5 (restoration conditions) shall be completed no later than the end of the 2 year period referred to in condition 1, or within such longer period referred to in condition 1, or within such longer period as may be agreed in writing by the Local Planning Authority. Reason: To ensure that the site is restored to a condition capable of beneficial after use at an early date and in the interests of amenity and to comply with Policies M8 (Restoration and After Care) and M2 (Defined Mineral Workings) of the Isle of Wight Unitary Development Plan.
15	An after care scheme, requiring that such steps as may be necessary to bring each phase of the land restored under condition 5 to the required standard for use for agriculture, forestry and amenity shall be submitted in writing for the approval of the Local Planning Authority not later than 1 year from the date of the permission and shall be implemented as approved within 2 years of each completed phase. The after care scheme shall include but need not be restricted to details of the following: cultivation, weed control, sowing, soil analysis, record keeping and review, stocking and husbandry, drainage and irrigation, land management practices, tree protection, remedial treatment. Reason: To comply with the requirements of Schedule 5 of the Town and Country Planning Act 1990 and to ensure that the restored land is correctly husbanded and to bring the land to the standard required for agriculture, forestry and amenity use and to comply with Policies M8 (Restoration and After Care) and M2 (Defined Mineral Workings) of the Isle of Wight Unitary Development Plan.
16	The maximum area of the site which may be stripped of top soil whether before or during the working, or after working but before, restoration shall not at any time exceed 5 ha in total, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure the development is carried out in a properly phased manner with a minimum of detriment to the character and amenities of the area and to comply with Policy M2 (Defined Mineral Workings) of the Isle of Wight Unitary Development Plan.
17	Any fuel oil, waste oil, paraffin or any other substances likely to cause objectional tastes or odours in the water supply shall be stored in leak-free metal tanks or drums. All the drums and tanks used for such storage shall be contained in covered standings, lined in concrete or other suitable materials and capable or holding contents of the tanks or drums in the event of a leakage of the whole of the contents. Reason: In order to prevent as far as possible the contamination of the aquifer and to comply with Policy U19 (Safeguarding of Aquifers and Water Resources) of this Council's Unitary Development Plan.
18	Notwithstanding the details submitted a scheme shall be submitted to the Local Planning Authority showing a bund to be placed to the east of the site. Such a bund shall be in place before the extraction of phase 5 takes place. The bund shall be removed as part of the final restoration. Such agreed details shall not be changed unless agreed in writing with the Local Planning Authority. Reason: To minimise the impact of operations on the amenities of the area and to comply with Policies M8 (Restoration and After Care) and M2 (Defined Mineral Working) of the Isle of Wight Unitary Development Plan.
19	The soil type classified as Type 3c shall be stored separately and not mixed with the other top soils during storage nor when reapplying to the land. All soil, subsoil and overburden shall be stored separately and not mixed. Reason: To ensure that the quality of the resulting top soil remains close to the classification given and comply with PPG7. The Countryside Environmental Quality and Economic and Social Development (March 2001).
20	No development should take place within Phase 1 of the development site until the applicant has secured the implementation of a program of archaeological observation in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority. Notification of the commencement of development and appointed archaeologists should be given in writing to the address below not less that 14 days before commencement of works: The County Archaeologist, Isle of Wight County Archaeological Service, 61 Clatterford Road, Carisbrooke, Newport, Isle of Wight, PO30 1NZ. Reason: To enable sites of archaeological interest to be adequately investigates and recorded and to comply with policies M2 (Defined Mineral Workings) and Policy B9 (Archaeology and Heritage) of this Council's Unitary Development Plan.
21	The noise emitted from the mineral extraction activities at Hale Manor Farm, shown on the attached drawing number 600/PL2 received on 19 September 2002 shall not exceed Laeq 60 minutes 55 dB 07:30 and 17:30 hours Mondays to Fridays, 07:30 to 13:00 on Saturdays, and shall be in audible at any other time. Prior to any top soil stripping or construction of baffle mounds at the site the Local Planning Authority shall be notified and the permitted noise level limits shall be increased to Laeq 650 minutes 70 dB until these activities are complete, when the noise level limits will revert to the previous stipulated levels. This increase shall not exceed 8 weeks in any one year. The noise levels shall be determined at 1 metre from the boundaries of "Chyrida" Macketts Lane and "Hale Lodge" Hale Common, Isle of Wight. The measurements and assessment shall be made in accordance with the principals outlined in Minerals Planning Guidance: The Control of Noise at Surface Mineral Workings MPG11 (1993). Reason: To prevent annoyance and disturbance from noise emissions from the permitted operations and to comply with Policy P1 (Pollution and Development) of this Council's Unitary Development Plan.
22	The noise emitted from the mineral extraction activities at Hale Manor Farm, shown on the drawing hereby approved, shall not exceed Laeq 60 minutes 52 dB between 07:30 and 17:30 hours Mondays to Fridays, 07:30 to 13:00 on Saturdays, and shall be audible at any other time. Prior to any top soil stripping or construction of baffle mounds at the site the Local Planning Authority shall be notified and the permitted noise level limits shall be increased to Laeq 60 minutes 70 dB until these activities are complete, when the noise level limits will revert to the previous stipulated levels. This increase shall not exceed 8 weeks in any one year. The noise levels shall be determined at 1 metre from the boundaries of "Vesses Farm" Macketts Lane and "Dairymans Daughter Cottage" Hale Common, Isle of Wight. The measurements and assessment shall be made in accordance with the principals outlined in Minerals Planning Guidance: The Control of Noise at Surface Mineral Workings MPG11 (1993). Reason: To prevent annoyance and disturbance from noise emissions from the permitted operations and to comply with Policy P1 (Pollution and Development) of this Council's Unitary Development Plan.
23	Before the car park is first brought into use details of its size and siting shall be submitted to the Local Planning Authority for written approval. Such a scheme shall be implemented and retained permanently thereafter. Reason: To ensure that the car parks impact can be measured and to reduce any impact on the amenity of the area and to comply with Policy TR7 (Highway Considerations for New Development) of this Council's Unitary Development Plan.

PART III

TCP/01457/K P/00802/02 Parish/Name: Seaview Ward: Seaview & Nettlestone

Registration Date: 07/05/2002 - Full Planning Permission

Officer: Mr. P. Stack Tel: (01983) 823570

Applicant: R Hancox Esq

Demolition of existing dwelling and construction of three storey replacement dwelling (revised scheme) (readvertised application)

Waters Edge, Pier Road, Seaview, Isle Of Wight, PO345BN

REASON FOR COMMITTEE CONSIDERATION

Application raises unique issues in relation to design, scale and massing which require consideration by Members.

PROCESSING INFORMATION

This is an other (i.e. not major nor minor) application and has taken 48 weeks to process. Application has gone beyond prescribed time limit due to negotiations with applicant's agents resulting in submission of revised application and subsequent need for detailed ground condition survey and report.

LOCATION AND SITE CHARACTERISTICS

Application relates to detached property known as Waters Edge and its associated curtilage which forms wedged shaped plot of land located on eastern side of Pier Road which is unmade road leading southwards from Seaview village.

Existing property is split level two/three storey detached building which comprises artificial stone underneath concrete tile roof. Remainder of curtilage is mainly laid to garden.

RELEVANT HISTORY

House on site approved 1959.

DETAILS OF APPLICATION

Originally submitted proposal proposed significant extension and alterations to existing dwelling. Given serious considerations over the scale and mass of the addition and its effect on neighbouring sites proposal was scheduled to be refused under delegated powers. Agent requested application be held in abeyance to allow reconsideration and subsequently revised application was submitted seeking consent for demolition of existing house and construction of new three storey dwelling.

Replacement dwelling incorporates radical design involving arched roof over two/three storey accommodation taking advantage of ground profile.

Proposal takes advantage of site's increasing width seawards to provide building whose external walls run parallel to adjoining boundaries north and south with construction of double garage in front of main building.

Briefly, accommodation provides for three bedrooms and various utility rooms at basement level, living room, dining room, breakfast room, kitchen and garages at ground floor with master bedroom and roof terrace above. In view of previous criticisms of earlier proposal, scheme seeks to avoid any undue overlooking of adjacent residential premises with predominantly north facing windows looking towards sea.

Balconies at ground and first floor are effectively screened each side by new build thereby reducing potential for overlooking.

Choice of materials are also somewhat unorthodox consisting of stone plinth with cedar boarding above on external walls under copper curved roof.

DEVELOPMENT PLAN/POLICY

The following policies of the UDP are considered relevant:

G1 - Development Envelopes for Towns and Villages.

G4 - General Locational Criteria for Development.

D1 - Standards of Design.

D2 - Standards for Developments Within the Site.

H4 - Unallocated Residential Development to be Restricted to Defined Settlements.

H5 - Infill Development.

CONSULTEE RESPONSES

Highway Engineer raises no comment.

PARISH/TOWN COUNCIL COMMENTS

None received.

THIRD PARTY REPRESENTATIONS

In respect of the original submission one letter of concern was received concerning potential for overlooking and unstable ground condition of site.

One letter of objection raises issue of overlooking and inappropriate street scene/design.

In respect of revised proposal one letter has been received raising concern on following grounds:

Application site is in area of known instability and therefore associated threat to neighbouring land of any development on this site.

Lack of ground stability report.

Impact of development on drainage systems and problems related to runoff.

CRIME & DISORDER IMPLICATIONS

Relevant Officer given opportunity to comment but no observations received.

EVALUATION

Given the site lies within development envelope and involves replacement dwelling the main planning considerations relate to Unitary Development Plan policy in respect of design, visual effect on locality and potential impact on adjoining residential occupiers.

Policy D1 requires applications to show good quality of design whilst respecting visual integrity of site and be sympathetic in scale, materials, form, siting, layout and detailing. Proposal should also not constitute overdevelopment leading to cramped appearance and obtrusiveness and include appropriate spacing between properties whilst not detracting from reasonable use of adjoining buildings. Similarly Policy D2 requires development to achieve a high standard of design whilst relating well to adjacent buildings. The policy requires proposals to take account of views into and out of site whilst taking account of changes in levels or slopes.

Whilst proposal is not located within a designated Conservation Area the Conservation Officer has been asked to comment on submission given its somewhat bold approach in redeveloping site with modernistic approach.

He advises that existing building has little architectural merit and comments in respect of three storey v-shaped building of reconstituted stone and glass under curved copper roof as follows:

"There can be no doubt that the new proposal is very much a statement building, using modern materials and of a design which makes little concession to any of the surrounding properties, save in overall height.

Pier Road has many large properties to the east, with some fairly recent dwelling houses constructed to the east and west of the proposal and it can be said that there is no real discernible character in this area.

The proposal therefore stands on its own and must be considered as such in design terms. I think this is a very confident piece of design, it is well articulated, uses the site to advantage both in levels and position, and will be striking when viewed from the sea, rather less so from Pier Road but will form a focus building for the street scene ........ The materials suggested appear sound and well selected."

Given lack of consistent character in road there is no objection in principle to approach of providing individually designed building on this site. Scale of proposal when viewed from Pier Road would not be too dissimilar from mass of existing dwelling, however, it should be appreciated that proposal takes advantage of increasing width of site to provide wider building to seaward side of site. This elevation presents three storey element taking advantage of sloping ground and reflecting to a certain extent design and layout of existing dwelling house. This elevation comprises significant element of glazing with the full extent of curved roof evident.

Remaining consideration relates to impact on adjoining residential occupiers and point should be made that criticism of previous proposal in respect of potential overlooking has to a large extent been designed out of current proposal which involves predominantly inward looking glazed openings, northward facing windows or oblique views of adjoining residential properties and their curtilages.

HUMAN RIGHTS

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations it is considered that the proposed development accords with policies of the UDP resulting in dwelling have unique design approach and character whilst not unduly impacting on adjoining residential occupiers.

RECOMMENDATION - APPROVAL (Revised plans)

Conditions/Reasons:

1	Time limit - full - A10
2	Submission of samples - S03

TCP/06731/A P/02339/02 Parish/Name: Newport Ward: Carisbrooke West

Registration Date: 02/01/2003 - Full Planning Permission

Officer: Miss. D. Cooper Tel: (01983) 823854

Applicant: Mr G Eason

Change of use of land from agricultural to extend domestic garden in connection with the formation of a vehicular access

Pt OS parcel 0053 and Bowcombe Barn Lodge, Bowcombe Road, Newport, PO30

REASON FOR COMMITTEE CONSIDERATION

Local Member not prepared to agree to determination under delegation scheme and therefore the application has to be considered by the Development Control Committee.

PROCESSING INFORMATION

This is a minor application for which the processing of it has taken seven weeks to date. A determination at this meeting would mean that the application had been dealt with within the prescribed time limits.

LOCATION AND SITE CHARACTERISTICS

Bowcombe Barn Lodge is located at the end of a row of properties which fronts onto Bowcombe Road, some 16m south west of junction with Clatterford Shute. The front of the property is adjoining the pavement and public highway. Adjoined to south and east by agricultural land.

RELEVANT HISTORY

None

DETAILS OF APPLICATION

Proposal is for a change of use of land from agricultural to extend domestic garden in connection with the formation of a vehicular access.

DEVELOPMENT PLAN/POLICY

The proposal is located just outside the development envelope, whereas the dwelling itself is located just inside the development envelope for Newport. Policy TR7 (Highway Considerations for New Development) and C1 (Protection of Landscape Character) of the Isle of Wight Unitary Development Plan are considered to be relevant.

CONSULTEE RESPONSES

Environmental Health Officer has no adverse comment.

The AONB Planning and Information Officer states that this site is within the Area of Outstanding Natural Beauty and Conservation Area designation. The field which the proposal extends into, is also of archaeological significance, containing the site of the Clatterford Roman Villa. The Officer is concerned that the need to provide disabled access should be explored more fully at the front of the property, and the proposal represents an unacceptable increase in the footprint of development, outside the development boundary of Newport.

County Archaeologist advises that there is no legal or archaeological constraint to this development.

PARISH/TOWN COUNCIL COMMENTS

None

THIRD PARTY REPRESENTATIONS

One letter of objection from a local resident.

· The proposal is set within a conservation area.

· The land has restrictive covenants on it.

· The proposal would not provide any advantage to a disabled person’s access.

· To obtain this piece of land would help provide for future planning applications in rear garden.

One letter of concern from a local resident.

· No objection in principle, however concerned the property is situated in Bowcombe Valley an AONB and Designated Conservation Area.

· The proposed development, although not intrusive could be used as an introductory step to future intrusive backfill development on land behind various properties adjacent to Bowcombe Barn Lodge on Bowcombe Road.

CRIME AND DISORDER IMPLICATIONS

No crime and disorder implications anticipated.

EVALUATION

Bowcombe Barn Lodge is at the end of a row of properties which fronts onto Bowcombe Road, located close to the boundary to Carisbrooke. The proposal is located on the south west side of the property.

Bowcombe Road consists of low density detached and semi detached properties, the row of houses which encompasses Bowcombe Barn Lodge comprises two storey properties.

Change of use to incorporate a strip of land which measures 5m wide by 45m long from the adjacent field into the domestic garden. The proposal is considered not to affect the visual amenity of the area as there is only a small strip of agricultural land being incorporated into the domestic garden. Also the first 5m by 6.5m strip of land will provide an extension to the existing parking area at the front of the dwelling, and is considered to be acceptable by the Highways Engineer subject to a condition.

Even though the proposal for a change of use is located just outside the development envelope and recognising the views of the AONB Officer, the proposal is considered not to encroach sufficiently into the countryside or change its appearance dramatically, providing a condition is imposed removing permitted development rights for garden structure, etc, and a suitable boundary hedge treatment is required. The 7m stretch of hawthorn hedgerow adjacent to the highway will be retained, therefore helping to preserve the landscape character and local distinctiveness of the natural environment and will also provide good screen to the highway. This is in accordance with policy C1 of the IW Unitary Development Plan.

A number of issues have been raised in third party representations, including covenants, precedent and whether access for a disabled person is really improved. I would remind Members that the existence of a covenants is not a material consideration in the determination of a planning application, which must be considered on its merits in the context of the Development Plan. Any future development application which may be submitted will also have to be determined on their merits, as and when they are considered.

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 on 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.

JUSTIFICATION FOR RECOMMENDATION

It is considered that the change of use of land from agricultural to extend domestic garden in connection with the formation of vehicular access meets policy TR7 of the of Unitary Development Plan by ensuring that the vehicular access provides safe conditions for all road users and also that the proposal meets policy C1 of the Unitary Development Plan by ensuring the landscape character and local distinctiveness of the area have been taken into account.

RECOMMENDATION - APPROVAL

Conditions/Reasons:

1		Time limit - full - A10
2		The existing hedgerow marked 'X' - 'Y' on the plan shall be retained and reinforced where necessary and to a standard consistent with good aboricultural practice. Reason: To ensure the maintenance of screening to the site and to protect the appearance and character of the area and to comply with Policies D3 (Landscaping) and C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.
3.		Notwithstanding the provisions of any Town & Country Planning General Permitted Development Order, no part of any boundary wall/pillar or fence erected on the site frontage, nor any hedge planted to mark the boundary or alongside any such boundary, wall or fence, shall at any time be permitted to be more than 1.0 metres above the level of the carriageway and the resultant visibility splays shall be 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.

	7.		TCP/07258/F P/00160/03 Parish/Name: Totland Ward: Totland Registration Date: 28/01/2003 - Full Planning Permission Officer: Mr. A. Pegram Tel: (01983) 823566 Applicant: Mr W Stredder Chalet bungalow & detached garage; alterations to vehicular access land adjacent Fourstones, The Mall, Totland Bay, PO39

REASON FOR COMMITTEE CONSIDERATION

Local Member is unable to deal with the application under the delegated procedure, as the applicant is known to him.

PROCESSING INFORMATION

This is a minor application. The processing of this application has taken ten weeks to date and has gone beyond the prescribed time limits because of the need to prepare a report for the Development Control Committee.

LOCATION AND SITE CHARACTERISTICS

Application relates to roughly rectangular site located on corner of the Mall and Amos Hill, virtually opposite the former Readers factory site. Site presently forms part of garden area to dwelling which is set further back from and elevated above the Mall. Site is accessed from the Mall which is an unmade and unadopted road. Ground level within site is at lower level to remainder of curtilage of property, to be retained with the existing dwelling.

RELEVANT HISTORY

TCP/7258/D - P1343/98 - outline for chalet bungalow with access off Amos Hill refused in January 1999 on grounds that size of plot was significantly smaller than adjoining properties and would introduce form of development detrimental to the visual character and amenities of the locality; proposal would result in damage or consequential loss of preserved oak tree and that proposal would set precedent for future applications of a similar nature.

TCP/07258/E - P/00398/02 - outline planning permission for chalet bungalow and garage with alterations to vehicular access off the Mall conditionally approved December 2002.

DETAILS OF APPLICATION

Full planning permission is sought for chalet bungalow and detached garage. Dwelling would provide accommodation comprising lounge, kitchen/diner and WC at ground floor with two bedrooms and bathroom at first floor. Property would utilise the existing access with some realignment of driveway and new access would be formed off Amos Hill to serve the existing dwelling.

DEVELOPMENT PLAN/POLICY

Site is located within development boundary as defined on Isle of Wight Unitary Development Plan. Relevant policies of the Plan are considered to be as follows:

S1 - New development will be concentrated within existing urban areas.

G1 - Development Envelopes for Towns and Villages.

G4 - General Locational Criteria for Development.

H4 - Unallocated Residential Development to be Restricted to Defined Settlements.

H5 - Infill Development.

TR7 - Highway Considerations for New Development.

CONSULTEE RESPONSES

Highway implications were addressed at outline stage.

County Archaeologist advises that proposal is on a Site of Archaeological Importance and therefore recommends condition should application be approved to ensure access to site by Officers to record finds of importance.

PARISH/TOWN COUNCIL COMMENTS

Totland Parish Council raise no objection.

THIRD PARTY REPRESENTATIONS

One letter received from local resident expressing the following concerns:

Inadequate visibility from new access onto Amos Hill

Proposed bungalow way in front of the building line - could set precedent for similar proposals in area.

CRIME & DISORDER IMPLICATIONS

No crime and disorder implications anticipated.

EVALUATION

Determining factors in considering application are whether development of site for residential purposes is acceptable in principle and whether proposed dwelling is of appropriate size, scale and design or would detract from character of area or amenities of neighbouring properties.

Having regard to location of site within the defined settlement and previous granting of outline planning permission, I am satisfied that its development for residential purposes is acceptable in principle.

I consider that, whilst dwelling would sit closer to road than other properties on southern side of The Mall, plot size is comparable with other sites in the area, including property on opposite side of the road. Proposal is considered to be of adequate size to accommodate development compatible with the surrounding area without detracting from the character of the area, the amenities of neighbouring properties or of the future occupants of the development.

Position of property on a corner plot enables applicant to form separate access from Amos Hill to serve the existing dwelling. Having regard to this factor and position of the existing dwelling, elevated above the application site, I do not consider that proposal would give rise to an unacceptable arrangement of dwellings which would otherwise prejudice the amenities of the occupants of either property. Furthermore, I do not consider that this type of development on a corner plot could be easily repeated in the immediate locality and would not, therefore, set a precedent for future proposals.

Previous application was subject to extensive negotiations regarding siting of the dwelling in order to minimise the impact of the proposal on a large protected tree in the north eastern corner of the plot. On plans which accompany current submission, dwelling is shown in same position as previously approved plans. The Council's Tree and Landscape Officer inspected site in connection with previous application and, whilst it is likely that the proposal would result in the loss of two trees, a tulip tree and a beech, adjacent the western boundary of the site, it should be noted that, on the basis that one of these is almost dead and the other is not well shaped, she did not consider there to be any sustainable objection to their removal. Removal of these trees and realignment of the driveway facilitates the positioning of the proposed dwelling, further from the preserved oak tree in the northeastern corner of the site. Should Members be minded to approve the application, I consider it would be appropriate to impose a condition requiring landscaping to be carried out, to include appropriate species as replacement trees for those to be removed.

It should be noted that Amos Hill is a non-classified highway and the owner of the property would not require planning permission to form access to his property. Therefore, whilst noting comments of the local resident regarding visibility from such an access, I do not consider that this would provide sustainable reason for refusal of the current application.

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 impact this development might have on the owners/occupiers of other properties in the area and other third parties has 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 applicants 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 interests.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report, I am satisfied that the site, the subject of this application, is of a sufficient size to accommodate development compatible with the surroundings and would not detract from the character of the locality or the amenities of the neighbouring residential occupiers.

RECOMMENDATION - APPROVAL

Conditions/Reasons:

1	Time limit - full - A10
2	Construction of the buildings hereby permitted shall not commence until a schedule of all materials 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.
3	Before the development commences a landscaping and tree planting scheme and details of other hard surfacing shall be submitted to, and approved in writing by, the Local Planning Authority. Such scheme shall include replacements for the trees to be removed, as detailed on the approved plans, and specify the position, species and size of trees to be planted, the phasing and timing of such planting and shall include provision for its maintenance during the first five years from the date of planting. Reason: To ensure that the appearance of the development is satisfactory and to comply with Policy D3 (Landscaping) of the IW Unitary Development Plan.
4	All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. Reason: In the interests of the amenities and character of the area and to comply with Policy D3 (Landscaping) of the IW Unitary Development Plan.
5	All material excavated as a result of general ground works including site levelling, installation of services or the digging of foundations, shall not be disposed of within the area identified in red and blue on the submitted plans. The material shall be removed from the site prior to the occupation of the dwelling hereby approved. Reason: In the interests of the amenities of the area in general and adjoining residential property in particular and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
6	No development including site clearance shall commence on the site until all trees/shrubs and/or other natural features, not previously agreed with the Local Planning Authority for removal, shall have been protected by fencing or other agreed barrier along a line to be agreed in writing with the Local Planning Authority. Any fencing shall conform to the following specification: (1.2m minimum height chestnut paling to BS 1722 Part 4 standard, securely mounted on 1.2m minimum above ground height timber posts driven firmly into the ground/or 2.4m minimum height heavy duty hoardings securely mounted on scaffold poles, or other method of agreed protection which forms an effective barrier to disturbance to the retained tree). Such fencing or barrier shall be maintained throughout the course of the works on the site, during which period the following restrictions shall apply: (a) No placement or storage of material; (b) No placement or storage of fuels or chemicals. (c) No placement or storage of excavated soil. (d) No lighting of bonfires. (e) No physical damage to bark or branches. (f) No changes to natural ground drainage in the area. (g) No changes in ground levels. (h) No digging of trenches for services, drains or sewers. (i) Any trenches required in close proximity shall be hand dug ensuring all major roots are left undamaged. Reason: To ensure that trees, shrubs and other natural features to be retained are adequately protected from damaged to health and stability throughout the construction period in the interests of amenity and to comply with Policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.
7	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.
8	No development shall take place within the site edged red and blue on the approved plans until the applicant, or their agents or successors in title, have secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority. Reason: To ensure that details of the archaeological site can be properly investigated prior to any development of that part of the site being carried out and to comply with Policy B9 (Protection of Archaeological Heritage) of the IW Unitary Development Plan.
9	Access for archaeologists - P22
10	Prior to commencement of the development hereby approved, the roadside boundary of the site shall be lowered to a maximum of 1 metre in height above existing road level over the whole frontage and shall be maintained thereafter at a height no greater than 1 metre. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
11	The gradient of the access shall be a maximum of 1:20 over the first five metres, measured from the edge of the carriageway, with the balance not to exceed 1:8 in accordance with a scheme to be agreed with the Local Planning Authority prior to work commencing on site. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations for New Development) of the Isle of Wight Unitary Development Plan.

TCP/11078/B P/00375/03 Parish/Name: Yarmouth Ward: Shalfleet and Yarmouth

Registration Date: 28/02/2003 - Full Planning Permission

Officer: Mr. A. Pegram Tel: (01983) 823566

Applicant: S Cowley Esq

Erection of 2 storey block of 2 self-contained flats, (revised scheme)

land adjacent Jubilee Villa, Tennyson Road, Yarmouth, PO41

REASON FOR COMMITTEE CONSIDERATION

The application raises issues which need to be considered by Committee in the determination of the proposal.

PERFORMANCE INFORMATION

This is a minor application. The processing of this application has taken six weeks to date. A determination at the meeting would mean that the application has been dealt with within the prescribed time limit.

LOCATION AND SITE CHARACTERISTICS

Application relates to rectangular site which presently forms garden area to detached dwelling which occupies corner site at junction of Tennyson Road and Victoria Road. Site is bounded to west by garages, accessed from unmade track off Tennyson Road, whilst to south are garden areas of adjacent properties.

RELEVANT HISTORY

TCP/11078A/P1682/02 - Application submitted in September 2002 seeking full planning permission for two storey block of four self-contained flats. Application was due to be considered by the Development Control Committee at meeting held on 10 December 2002, but was withdrawn by the applicant. Proposal was recommended for refusal on grounds of:

Overdevelopment, loss of outlook and overbearing effect, to detriment of amenities of neighbouring occupiers, out of keeping with surrounding area;

That development would make insufficient provision for amenity space for future occupiers leaving the existing dwelling with insufficient amenity space.

Insufficient provision for secure parking for cycles.

DETAILS OF APPLICATION

Full planning permission is sought for the erection of a two storey detached building to provide two self-contained flats. Each of the flats would provide accommodation comprising lounge/dining room incorporating kitchen, bathroom/W.C. and two bedrooms.

Submitted plans indicate that conservatory on western side of existing dwelling and garage on southern side would be demolished, the latter facilitating provision of a small courtyard area to serve the property.

DEVELOPMENT PLAN/POLICY

Planning Policy Guidance Note 3 - Housing sets out the Government's policies and provides guidance on a range of issues relating to the provision of housing. In particular, it emphasises that the Government is committed to promoting more sustainable patterns of development and minimising the amount of green field land being taken for development. This can be achieved by employing a range of measures, including concentrating most additional housing development within urban areas and making more efficient use of land by maximising the reuse of existing buildings. The Guidance Note indicates that national target is that by 2008 60% of additional housing should be provided on previously developed land and through conversions of existing buildings. The Guidance Note also encourages the provision of a mix of accommodation in developments.

Site is located within development boundary for Yarmouth as defined on Isle of Wight Unitary Development Plan and is within an Area of Outstanding Natural Beauty. In addition, site is adjacent but not within the Yarmouth Conservation Area. Relevant policies of the plan are considered to be as follows:

S1 - New development will be concentrated within existing urban areas.

S2 - Development will be encouraged on land which has been previously developed (brown field) rather than undeveloped (green field) sites.

S6 - All development will be expected to be of a high standard of design.

S7 - There is a need to provide for the development of at least 8,000 housing units over the plan period. While a large proportion of this development will occur on sites with existing allocations or previous approvals, or on currently unidentified sites, enough new land will be allocated to enable this target to be met and to provide a range of choice and affordability.

G1 - Development Envelopes for Towns and Villages.

G4 - General Locational Criteria for Development.

D1 - Standards of Design.

D2 - Standards for Development Within the Site.

H4 - Unallocated Residential Development to be Restricted to Defined Settlements.

H5 - Infill Development.

H6 - High Density Residential Development.

TR16 - Parking Policies and Guidelines.

CONSULTEE RESPONSES

Highway Engineer's comments are awaited.

Southern Water records indicate that there has been one incident on the private drainage system to Riverside, Victoria Road in May 1997. They confirm that there is a public sewer in Tennyson Road to which development could be connected.

PARISH/TOWN COUNCIL COMMENTS

No comments received at time of preparing this report.

THIRD PARTY REPRESENTATIONS

Two letters received from local residents objecting to application on grounds which can be summarised as follows:

Inappropriate development for site.

Unreasonable intrusion completely dominating neighbouring garden.

Existing property used for summer letting - flats would have no outside amenity area and are likely to be used for renting out to visitors.

Site on busy main road immediately adjacent bus stop - proposal makes no provision for parking and would generate standing vehicles exacerbating parking congestion in area.

Sewer has blocked recently on two occasions, manhole cover is inside garage owned by neighbouring property. Indicate would not be prepared to allow more use of the sewer.

Proposal would change character of area and set precedent for future proposals of a similar nature.

One letter received from local resident, indicating that it is written on behalf of several concerned residents and, whilst not objecting to proposal, expresses concern regarding parking situation in area. Noted that proposal makes no provision for parking of cars and understand that there is no obligation on the developer to include this. Concern is expressed that this will result in cars being parked in lane to west, which is private and serves garages to properties in the area, impeding access. This could be avoided if rights of free access to the lane could be incorporated in any planning consent.

CRIME & DISORDER IMPLICATIONS

No crime and disorder implications anticipated.

EVALUATION

Determining factors in considering application are whether development of site for residential purposes is acceptable in principle and whether current proposal represents an acceptable form of development or would detract from character of locality and amenities of neighbouring occupiers.

Site is located within development boundary for Yarmouth where development will generally be acceptable in principle subject to proposals satisfying more detailed design criteria.

Previous proposal involved erection of a two storey building within garden area of property which would have resulted in virtually total site coverage leaving the existing dwelling with little amenity space. Southern (rear) elevation and west (side) elevation of the building were shown to be within approximately one metre of boundaries of site and it was considered that development did not make sufficient provision for amenity area for occupants of the proposed flats. In response to concerns regarding the proposal, applicant's agent highlighted the housing problems in the locality and expressed a view that the development would provide accommodation affordable to local first time buyers and local elderly wishing to down size, thereby allowing local people to remain in the town. Furthermore, with regard to the lack of amenity space, the applicant's agent indicated that the development is one of flats and, as such, does not look to provide external amenities (rotary washing lines and amenity spaces etc). Applicant's agent suggested that other flatted developments in the area do not provide these facilities and they do not consider it unreasonable with availability of modern washer/dryers etc. They also suggested that Yarmouth is rich in amenity space with green spaces within easy walking distance of the site.

Planning Policy Guidance Note 3 - Housing provides advice and guidance on a range of measures which can be employed to promote more sustainable patterns of development and places emphasis on concentrating development within existing urban areas, where inefficient use of land should be avoided, maximising the reuse of previously developed land and empty properties and conversions of non-residential buildings for housing in order both to promote regeneration and minimise the amount of greenfield land being taken for development. The guidance note advises that good design and layout of new development can help to achieve these objectives and improve the quality and attractiveness of residential areas. In this respect, the guidance note advises as follows:

"In seeking to achieve these objectives, Local Planning Authorities and developers should think imaginatively about designs and layouts which make more efficient use of land without compromising the quality of the environment."

Yarmouth is an area characterised by a mix of dwelling types and styles at varying densities. In particular, on northern side of Tennyson Road pattern of development is characterised by quite dense development comprising narrow fronted semi-detached and terraced properties, many having limited amenity area. Previous proposal involved virtually total site coverage and, notwithstanding the differing styles of property and density of development in the area, it was considered that development would result in cramped appearance to the detriment of character of the locality. Furthermore, the previous scheme would have resulted in a two storey elevation running virtually length of boundary with garden to adjacent property.

Current proposal seeks to address these issues by reducing the number of flats within the development and the overall size of the building, thereby maintaining space about the buildings, avoiding a cramped appearance. In addition, the scale of the building to the rear has been reduced by introducing a 'cat slide' style roof, lowering the eaves level and the consequential impact on the neighbouring property. Rear elevation of building would contain number of windows, including three at ground floor level, overlooking from which could be avoided by erection of appropriate boundary treatment. In this respect, submitted plans show provision of a 2 metre high fence along southern boundary of site. Windows at first floor level in rear elevation include a high level porthole style window serving kitchen area and a dormer window and a Velux roof light serving bedroom accommodation. Having regard to style of windows involved and accommodation which they serve, I am satisfied that proposal would not result in unacceptable overlooking or loss of privacy to the neighbouring property.

Submitted plans show demolition of garage and conservatory on existing dwelling thereby creating courtyard style amenity area. Whilst very little space would be provided for future occupants of the proposed flats, having regard to type of accommodation being provided and existence of other properties in area with limited amenity space, I do not consider that this would provide sustainable reason for refusal.

I am satisfied that design and general appearance of the building are in keeping with the more traditional development in Yarmouth and the character of the area in general. In particular, proposal incorporates a number of interesting features and windows are of a style and proportion which reflect the appearance of adjacent/nearby properties. Therefore, I am satisfied that development of site as proposed will not detract from character of the locality.

Whilst noting comments of local residents regarding lack of parking provision in connection with proposal, I do not consider that, having regard to policies in this respect and location of site close to facilities of Yarmouth that this would provide a sustainable reason for refusal. However, in accordance with the Council's parking guidelines, it would not be unreasonable to require provision of secure cycle parking. In this instance, submitted plans show provision for secure parking for cycles to rear of proposed building.

With regard to concern expressed that proposal could result in vehicles being parked in private lane adjacent site which serves garages and other properties in the area, any dispute arising from such a problem would be a private matter between the parties involved. It would not be appropriate to attempt to restrict parking in this lane by way of a condition of any planning permission as this would clearly not comply with the relevant tests set out in the planning guidance on this issue.`

Consultations have been carried out with Southern Water and I am advised that their records indicate that there was one incident on the private drainage to Riverside, Victoria Road, in May 1997. They confirm that there is a public sewer in Tennyson Road and that, with appropriate approvals, developer could connect direct to this sewer.

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 (Right to Peaceful Enjoyment of Possessions) of the First Protocol of the European Convention on Human Rights. The impact this development might have on the owners/occupiers of other property in the area and other third parties has 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 of the Council's Unitary Development Plan and in the public interest.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report, it is considered that proposal represents an acceptable form of development which will not detract from the character of the area or amenities of neighbouring residential occupiers. Furthermore, it is considered that proposal makes efficient use of land in accordance with the advice contained in Planning Policy Guidance Note 3 and will meet a demand for the type of housing identified in the Housing Needs Study.

RECOMMENDATION - APPROVAL

Conditions/Reasons:

1	Time limit - full - A10
2	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.
3	Submission of samples - S03
4	All material excavated as a result of general ground works including site levelling, installation of services or the digging of foundations, shall not be disposed of within the area identified in red and blue on the submitted plans. The material shall be removed from the site prior to the flats hereby approved being occupied. Reason: In the interests of the amenities of the area in general and adjoining residential property in particular and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
5	Prior to the flats hereby approved being occupied, a 2 metre high close boarded fence shall be erected along the southern boundary of the site in accordance with details to be submitted to and approved by the Local Planning Authority prior to work commencing on site. Thereafter, the boundary treatment shall be retained and maintained in accordance with the approved details. Reason: In the interests of the amenities of the neighbouring property and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
6	Before the development commences, details of all hard surfacing shall be submitted to and approved by the Local Planning Authority. Thereafter, development shall be carried out in accordance with the approved details and completed prior to occupation of the flats hereby approved. Reason: In the interests of the character and amenities of the locality and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
7	The flats hereby approved shall not be occupied until space has been laid out within the site in accordance with the plan attached to and forming part of this decision notice for a minimum of one bicycle for each flat to be parked and such provision shall be retained. Reason: To ensure adequate provision for the parking of bicycles and to comply with Policy TR6 (Cycling and Walking) of the IW Unitary Development Plan.

TCP/24730/A P/00100/03 Parish/Name: Bembridge Ward: Bembridge South

Registration Date: 17/01/2003 - Full Planning Permission

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

Applicant: Mrs M Lee

Alterations & extension at 1st floor to form 2 bedrooms, en-suite bedroom & bathroom; alterations to main roof

Waypoint, Swains Road, Bembridge, Isle Of Wight, PO355XS

REASON FOR COMMITTEE CONSIDERATION

Report requested by local Member as he is not prepared to agree to the application being dealt with under the delegated procedure.

PERFORMANCE INFORMATION

This is a minor application. The processing of this application has taken eleven weeks to date. The processing of this application has gone beyond the prescribed time limit, this being the first available meeting following local Member's request for Committee consideration.

LOCATION AND SITE CHARACTERISTICS

Waypoint is on the southern side of Swains Road in a substantial plot in a residential area with mix of properties in the locality. The property has previously been extended at ground floor to the front and rear.

RELEVANT HISTORY

TCP/2615/E - Extension to form double garage and conversion of existing garage to games room, Waypoint, Swains Road, Bembridge. Conditional approval June 1987.

TCP/24730 - Extension at first floor level to form two bedrooms, bathroom and an en-suite bedroom. Withdrawn May 2002.

DETAILS OF APPLICATION

Proposal is for alteration and extension at first floor to form two bedrooms, en-suite bedroom and bathroom and alterations to the roof. The existing garage and playroom extend as a single storey element projecting forward of the main property and the proposal is to raise the ridge of this element by 1.4 metres to provide additional accommodation. The roof alterations involve changing the design of the existing dwelling from a hipped and cropped gable end to a symmetrical gable ended roof. It is proposed to change the external appearance from red brick to buff self colour render.

DEVELOPMENT PLAN/POLICY

Site is within the development envelope for Bembridge and policies D1 (Standards of Design) and H7 (Extension and Alterations of Existing Properties) are applicable.

CONSULTEE RESPONSES

Parish Council recommend approval.

THIRD PARTY REPRESENTATIONS

Four letters of objection (from three properties) on grounds of; out of scale to existing and adjacent properties, loss of privacy, presents overlooking, dominates neighbouring property self contained extension in front of building line with separate access, loss of light, precedent, visual impact considerable from all aspects. Concern also expressed that digital photographs are misleading as is description and proposal will lead to depreciation on neighbouring property value.

In favour removal of leaded windows, prefer gable ends to roof (as long as no additional windows) and anything to soften its exterior appearance but too large; effectively creates two houses at right angles to one another.

Concern with way support letters obtained.

Twenty one letters have been received in support of the application commenting proposal improves appearance, minimal impact on surrounding properties, well designed building much more sympathetic to character of Bembridge village, enhances quality and character of environment. Further comments footprint is unchanged, not impair neighbour's view, no loss of light, no increase in traffic, no precedent, no affect on neighbour's property, no affect on adjacent access.

CRIME & DISORDER IMPLICATIONS

No crime and disorder implications anticipated.

EVALUATION

Main policy considerations are whether or not the extension is considered appropriate in terms of size and design and impact of proposed extension on amenities of surrounding residential occupiers and area.

Proposal introduces two storey element forward of main dwelling which, together with increase in height of existing garage/playroom roof and overall alterations would result in significant addition to property which is considered to present adverse impact compared to scale of dwelling that exists.

It is relevant that there are a mix of properties in the locality and that Waypoint is set back from the road, however, nothing in the immediate vicinity presents with two storey element projecting forward of the main building. It is also relevant that the neighbouring property to the northeast is a modest sized bungalow and the north eastern and north western elevations of the proposed extension will be visible from the street scene.

The previous scheme was withdrawn during processing. Windows have been arranged in this scheme to minimise any potential overlooking to the property to the northeast, proposed windows on the southwestern elevation, although some distance from boundary will, in my view, present adverse impact.

With regard high level of supporting letters on this application, it should be borne in mind that of the twenty one received, only six are from residents within Swains Road.

In considering effect on amenities and character of the area in general, application is within a large plot but is, in my view, out of scale with the existing dwelling, will present adverse impact on visual amenity of area and the design is not in keeping with the street scene or original property. The proposal is therefore contrary to policy.

HUMAN RIGHTS

In coming to this recommendation to refuse 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 the applicant to develop the land in the manner proposed, it is considered that the recommendation to refuse is the proportional one to the legitimate aim of the Council's Unitary Development Plan and in the public interest.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report, it is considered proposal conflicts with policies D1 and H7 in respect of scale and design and effect on amenity of area.

RECOMMENDATION - REFUSAL

Conditions/Reasons:

The proposal, by reason of its position, size, design and external appearance, would be an intrusive development, out of scale and character with the existing and prevailing pattern of development in the locality, and have an adverse effect on the visual amenity of the locality and would also be contrary to policies D1 (Standards of Design) and H7 (Extension and Alteration of Existing Properties) of the Isle of Wight Unitary Development Plan.

10.

TCP/25216/A P/00247/03 Parish/Name: Newport Ward: Parkhurst

Registration Date: 07/02/2003 - Outline Planning Permission

Officer: Miss. L. Myall Tel: (01983) 823550

Applicant: Mr & Mrs F Bray

Outline for pair of semi-detached houses with parking; alterations to vehicular access, (revised scheme)

land adjacent 18, Prior Crescent, Newport, PO30

REASON FOR COMMITTEE CONSIDERATION

The application is being reported to the Development Control Committee because other proposals in the vicinity have previously proved controversial.

PROCESSING INFORMATION

This is a minor application and the processing of it has taken nine weeks to date. This has gone beyond the prescribed time limits due to the need to obtain additional information about foul drainage in the vicinity of the application site.

LOCATION AND SITE CHARACTERISTICS

The application site is within Prior Crescent and consists of a corner plot containing a semi-detached property and double garage. The site is bounded by fields on the northern and eastern boundaries of the site. The land rises slightly to the north and the double garage is partly constructed into this bank. Access to the site is via a hammerhead at the end of Prior Crescent. Prior Crescent forms part of a former prison estate and consists of semi detached and terraced housing; the estate road and part of the drainage system is not adopted.

RELEVANT HISTORY

TCP/25216 - Outline for 2 pairs of semi-detached houses with parking area, land adjacent 18, Prior Crescent, Newport, PO30 – refused 13/01/2003, for reasons of overdevelopment, cramped appearance, detrimental to the amenities of the area in general and the occupiers of the adjoining property.

DETAILS OF APPLICATION

The proposal is an outline application for one pair of semi-detached properties with siting and access to be considered at this stage. The dwellings are to be constructed to the north of the existing property following the existing building line set by 15 to 18 Prior Crescent.

DEVELOPMENT PLAN/POLICY

The application site is within the development envelope for Newport, policy D1 (Standards of Design) and H5 (Infill Development) of the IW Unitary Development Plan would apply in this instance.

CONSULTEE RESPONSES

Highway Engineers – suggests conditions if approved.

Southern Water advise of foul sewer overloads in periods of heavy rain. Additional foul flow from a few houses would be insignificant. Scheme in current capital programme to improve situation, but cannot advise when works will be constructed.

PARISH/TOWN COUNCIL COMMENTS

Not relevant

THIRD PARTY REPRESENTATIONS

Six letters of objections received expressing the following concerns:

· The development is out of character with estate.

· Roads and drainage are in a poor state of repair, a drainage ditch along the northern boundary of the application site overflows regularly after heavy rain. Construction traffic will cause more damage to the roads. The increase in traffic as a result of the development is a concern due to the fact that local children play in the road.

· The adopted foul sewer overflows after heavy rain causing sewage and effluent to be discharged in the area around 17 and 18 Prior Crescent.

· The land adjacent to 18 Prior Crescent was purchased for garaging and should be classed as green belt. If this land is developed then it will open the gate to develop land at Acorn Farm to the north.

CRIME AND DISORDER IMPLICATIONS

No crime and disorder implications anticipated.

EVALUATION

The application site measures 22.5 metres by 44 metres and the land to be given over to the proposed development is shown as being 11.5 metres by around 38 metres in depth. The layout indicates a footprint for the two dwellings of 8.5 metres by 9 metres with rear gardens of 18 metres. Two parking spaces are provided in front of the units. While the size of the individual units is smaller than those found on the estate, the footprint is compatible to a single unit and the space around the proposed dwellings along with the rear garden is similar in size to other properties in Prior Crescent. Design and external appearance would be the subject of any reserved matters application but there is no reason why with careful design, the new development could not be similar to the existing character of development in Prior Crescent.

‘There is a storm water overflow from the foul/combined sewer at the eastern end of Prior Crescent. In periods of heavy rain the sewer can be overloaded and effluent is discharged in to the adjacent stream. This is believed to be caused by an excessive quantity of surface water being discharged to the sewer from within the prison estate. The additional foul flow from a few houses would have an insignificant effect on this problem. Southern Water has been aware of the problem for some time. There is a scheme to improve the situation in the current capital programme but unfortunately, I cannot say at the moment when the works will be constructed.’

The comment confirms that while there is no objection to the construction of additional units, there is a problem upstream caused by surface water entering the sewer which Southern Water are aware of and intend to rectify. Additionally, recently approved housing schemes including an outline for residential development, north (including Library Headquarters) and east of industrial units with access off Hewitt Crescent (TCP/23497/A) included three conditions covering drainage; one covering the need to ensure no increase in frequency and volume of storm overflow events at Dodnor Lane and Prior Crescent wastewater pumping station, a second related to the need to ensure a surface water regulation system has been approved and implemented and the third requiring the submission of a detailed scheme including calculations and capacity studies being submitted in respect of foul water disposal, with no dwelling being occupied until such agreed scheme has been completed.

While the imposition of such conditions on larger schemes underlines the nature of the problem and demonstrates commitment to resolving the drainage problem, Southern Water confirm they have no objection where only a few extra units are proposed. On this basis, it is considered unduly onerous to impose similar conditions on this application and therefore approval of this scheme is recommended based on the fact that capacity does exist within the sewerage system. A condition is, however, recommended requiring agreement by the Local Planning Authority of the means of surface water disposal.

The Highway Engineer has recommended a series of conditions to be attached to address parking and turning on site and related to issues of surface water drainage to the ditch on the northern boundary of the site.

HUMAN RIGHTS

In coming to a recommendation, consideration has been given to the rights set out in the Articles of the European Convention on Human Rights. The impact this development might have on the owners/occupiers of 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.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report, it is considered that the proposal conforms to policies D1 and H5 of the Isle of Wight Unitary Development Plan.

RECOMMENDATION - APPROVAL

Conditions/Reasons:

1	Time limit - outline - A01
2	Time limit - reserved - A02
3	Approval of the details of the design and external appearance of the building(s) and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced. Reason: In order to secure a satisfactory development and be in accordance with Policies S6 (Standards of Design), D1 (Standards of Design), D2 (Standards of development within this site), D3 (Landscaping), TR7 (Highway Consideration for New Development) of the IW Unitary Development Plan.
4	Provision of turning area - K40
5	Prior to the commencement of the approved works, a condition survey of Prior Crescent will be undertaken. Any remedial works required to restore the road to its original condition once works have been completed shall be carried out at the developer's expense. Reason: In the interests of highway safety.
6	The development shall not be brought into use until a minimum of four 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.
7	Details of roads, etc, design and constr - J02
8	Prior to the commencement of the development hereby approved, details of the proposed works to accommodate existing surface water from the ditch to the northern boundary of the site and associated pipe work to the culvert crossing the site from west to east shall be submitted to and approved in writing by the Local Planning Authority. Reason: To minimise the risk of flooding and to comply with Policy G6 (Development in Areas Liable to Flooding) of the IW Unitary Development Plan.

11.

TCP/25292 P/02269/02 Parish/Name: Godshill Ward: Wroxall and Godshill

Registration Date: 11/12/2002 - Full Planning Permission

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

Applicant: Mr & Mrs Pannell

End of terrace house, (revised plan), (readvertised application)

land adjacent 12, Ternal Mead, Godshill, Ventnor, PO38

REASON FOR COMMITTEE CONSIDERATION

Report requested by Local Member as he is not prepared to agree to application being dealt with under the delegated procedure.

PROCESSING INFORMATION

This is a minor application. The processing of the application has taken 16 weeks to date.

The application has gone beyond the prescribed time limits due to negotiations with applicants agents regarding the scale, mass, design and general appearance of the building. Revised plans readvertised on 28 February 2003.

LOCATION & SITE CHARACTERISTICS

The site is located on the northern side of Ternal Mead approximately 25 metres from where Ternal Mead joins School Crescent. This is a residential area with a mixture of terraced, semi and detached dwellings built in the 1960's. The site is at the end of a terrace of four properties, the land is currently used as part of a large garden.

RELEVANT HISTORY

TCP/22921 - End of terrace house, adjacent 2 Moor View, Godshill. Conditional approval February 1999.

TCP/22921/A - Extension to form end of terrace house with access off School Crescent, land adjoining 2A Moor View, Godshill. Conditional approval February 2001.

TCP/24050 - Semi-detached house; vehicular access, land adjoining 2 School Crescent, Godshill. Conditional approval September 2001.

TCP/24474 - Semi-detached house with double garage; vehicular access, 45 Moor View, Godshill. Conditional approval April 2002.

TCP/24343A - Detached house (aorm) land adjacent 6 Ternal Mead, Godshill. Conditional approval July 2002.

DETAILS OF APPLICATION

The proposal is for erection of end of terrace house attached to the western end of an existing terrace of 4 properties. Revised plans have altered the fenestration on the front elevation to match neighbouring property and reduced the size of the dwelling to be more in keeping with adjoining. Proposal is two storeys with lounge, kitchen/diner, w.c. at ground floor with four bedrooms and bathroom at first floor. The dwelling is 1 metre wider than the adjoining property and is to be sited approximately 2.5 metres off the western boundary which is adjacent a driveway which accesses garages at the rear of the site. There is no parking provision within the site.

DEVELOPMENT PLAN/POLICY

The application site is within the development envelope for Godshill, Policy H5 (Infill Development), D1 (Standards of Design) and D2 (Standards for Development Within the Site) apply. Determining factors are considered to be matters of site size, visual effects of development, space around the building and impact on neighbouring property.

CONSULTEE RESPONSES

Highway Engineer states no highway implications.

Environment Agency raise no objection in principle but recommend conditions.

Environmental Health raise no adverse comments.

PARISH/TOWN COUNCIL COMMENTS

Parish Council in respect of original scheme commented that they were very concerned at proposal, which is larger than original buildings adjacent to it and would appear to be typical of town cramming. Further commented that they would not wish to see a similar building to that which has been built adjacent to 2 School Crescent, which we had previously opposed, and which does not blend in any way at all with surrounding properties.

Any further comment in respect of revised plans will be reported as late representation.

THIRD PARTY REPRESENTATIONS

One letter of comment received signed by two neighbouring properties confirming no objection to this application but wish to ensure that the 3 metre wide driveway to the garages at the rear of the site is not encroached upon and that access to the garages is maintained at all times.

CRIME & DISORDER IMPLICATIONS

No crime and disorder implications anticipated.

EVALUATION

Site is within the development envelope surrounded by residential property and therefore determining factors are considered to be matters of size, visual effects of development, space around the building and impact on neighbouring properties.

Further subdivision of this site to form a new terraced dwelling would result in the creation of a garden area for the existing and new dwelling of a similar size to those in the terrace. There would still be some amenity space at the side of the proposed dwelling adjacent the access drive serving garages at the rear of the site. In terms of density therefore, the proposal is considered to be satisfactory.

The concern relating to potential blocking of access during construction works would be a civil matter.

With regard to Parish Council comments, revised plan has reduced size of the proposal and improved design to be more in keeping with existing terrace.

By increasing the length of the terrace this takes away existing space about building but given openness to the west of the site this is considered to be acceptable. I do not consider the pattern of development would be prejudiced.

In terms of access and parking, no adverse comment has been received from the Highway Engineer and there is on street parking. The additional dwelling in this location results in a compatible form of development and I consider utilisation of this land to provide an additional dwelling is satisfactory.

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 impact 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 the 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 on 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.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report, it is considered that the proposal conforms with Policies D1, D2 and H5 of 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
2	Detail external roofing/facing finishing - S02
3	Boundary details - M33
4	Bunding of tanks -detailed requirements - U10
5	Site drainage - trapped gullies - U13

12.

TCP/25302 P/02301/02 Parish/Name: Arreton Ward: Central Rural

Registration Date: 18/12/2002 - Full Planning Permission

Officer: Mr. J. Mackenzie Tel: (01983) 823567

Applicant: H Gallop Esq

Erection of agricultural storage building, 2 poly tunnels & 2 chicken houses

OS Parcels 0580, 1773 & part 1069, Birchmore Lane, Blackwater, Newport, PO30

REASON FOR COMMITTEE CONSIDERATION

Report requested by local Member as she is not prepared to agree to the application being dealt with under the delegated procedure.

LOCATION AND SITE CHARACTERISTICS

Site is located on the north side of the cycleway with an access off Birchmore Lane, situated approximately 500 metres southwest of Blackwater settlement.

The area is an open agricultural landscape, much of the surrounding land being pasture land or cropped.

The site is roughly rectangular, overall length of about 320 metres with an average width of about 80 metres, flanked on its southern side by woodland and surrounded by open, relatively flat agricultural land. The site is mostly grass, its western boundary is marked by a post and rail fence and there is a wide vehicular access in the southwestern corner where the track reaches the site from Birchmore Lane. The north boundary is a low scrub and field hedgerow interspersed with larger specimens of thorn.

RELEVANT HISTORY

None.

DETAILS OF APPLICATION

Consent sought for erection of two poly tunnels, shown on the plans to be 11.3 metres long, 5 metres wide with a maximum height of 3.2 metres and for the erection of an agricultural storage building, shown on the plan to be 10.5 metres by 6 metres with a height of 4.5 metres to its low pitched, ridge roof and about 3.5 metres to eaves, shown to be constructed in timber framing with dark stained timber feather-edged boards to the walls with green plastic coated profiled steel sheeting to the roof. The plan also shows a drive extending into the site along the south boundary leading to an access, parking and turning area in front of the agricultural building, the front being situated in the southeastern elevation. The buildings and poly tunnels are shown to be sited in a line approximately 5 metres from the northwestern boundary with the track, stretching approximately 40 metres, including gaps between them in a northeasterly direction, parallel with the boundary. It is also proposed to site two chicken houses each 3.7 metres by 1.9 metres by 1.9 metres high close to the southwestern boundary, adjoining the area of woodland but situated approximately 40 metres from the proposed agricultural storage building.

DEVELOPMENT PLAN/POLICY

The site is outside any designated development envelope and outside any Area of Outstanding Natural Beauty. Policy C1 seeks to protect the character of the landscape and Policy C18 supports developments which are related to and support agriculture where they are of benefit to the rural economy and well designed and landscaped, do not have a significant impact on nearby residential properties and, of course, require a rural location.

PPG7 relates directly to agricultural diversification, rural business and other developments in the countryside.

The woodland situated to the south of the application site, which is within the applicant's ownership is a Site of Interest to Nature Conservation.

CONSULTEE RESPONSES

Highway Engineer considers there to be no implications.

Environment Agency confirms no objection subject to there being no discharge of foul or contaminated drainage from the site into either ground water or any surface waters, with either direct or via soakaways.

PARISH/TOWN COUNCIL COMMENTS

Arreton Parish Council oppose the development on grounds of no facilities e.g. water or electricity and that the development is not large enough to be viable.

THIRD PARTY REPRESENTATIONS

Two letters of objection from local residents on grounds of inadequate information, lack of services on site for heating or lighting, stating that generators would cause noise and pollution, no facility for the disposal of sewerage. No facilities for staff i.e. toilets, handwashing etc, no detail of disposal of waste products; isolated location served only by farm track and accessible only by agricultural vehicles, adverse impacts on bridleway and cycleway with possible damage to the same, objecting to development in terms of visual intrusion and possible precedent for accommodation on site. Objections also to development on the basis of a lorry stored on site, the presence of a camper van and a caravan parked on site and the subsequent visual impact. Writer alleges possibility of persons staying overnight in the camper van or the caravan.

CRIME & DISORDER IMPLICATIONS

Relevant Officer has been given the opportunity to comment but no observations have been received.

EVALUATION

This application relates to a piece of agricultural land having an area of approximately 2.4 hectares and the application seeks consent to erect agricultural store, two poly tunnels and two chicken houses. These developments require planning permission as the agricultural unit is less than 5 hectares. However, the use of the land for agricultural purposes is not development requiring planning permission and therefore the use of the land cannot be considered as part of this application, merely the erection of the buildings. Determining factors are therefore considered to be the principle of the erection of agricultural buildings on agricultural land and their impact on the landscape and matters of design and visual impact.

In terms of policy, Policy C18 of the UDP supports agricultural development and despite the open nature of the site, the buildings proposed are relatively closely grouped and the chicken houses are such a size and position that they will not be easily visible in the landscape, being seen mainly from a northerly direction against a backdrop of the copse.

This agricultural land is not within an Area of Outstanding Natural Beauty although the copse is a Site of Interest to Nature Conservation but it is visible from a northerly direction, namely the A3056 Blackwater Shute. I consider that landscaping to the west and north of the buildings should be sufficient after becoming established to reduce visual impact.

HUMAN RIGHTS

JUSTIFICATION FOR RECOMMENDATION

This is a piece of agricultural land located in the western extent of the Arreton Valley in a comparatively remote location. Its use for agricultural purposes is not the subject of this application and cannot be prevented as agriculture is, in general terms, encouraged, I do not consider it would be appropriate to withhold planning permission for agriculturally related developments. The proposal is consistent with Policy C18 of the UDP.

RECOMMENDATION - APPROVAL

Conditions/Reasons:

Time limit - full - A10

Landscape scheme - M14

In the event of the tunnels being damaged, including the covering being damaged or torn and remaining in this condition for a period in excess of three months, the tunnel complete with its metal frame shall be dismantled and removed from the site.

Reason: In the interests of visual character and amenity of the locality and to ensure that it continues to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

13.

TCP/25365 P/00158/03 Parish/Name: Newport Ward: Parkhurst

Registration Date: 27/01/2003 - Outline Planning Permission

Officer: Miss. L. Myall Tel: (01983) 823550

Applicant: Mr & Mrs J M Warren

Outline for construction of end of terrace house with parking

land adjoining 5, Partridge Road, Newport, PO30

REASON FOR COMMITTEE CONSIDERATION

The application is being reported to the Development Control committee because other proposals in the vicinity have previously proved controversial.

PROCESSING INFORMATION

This is a minor application and the processing of it has taken eleven weeks to date. This has gone beyond the prescribed time limits due to the need to obtain additional information about foul drainage in the vicinity of the application site.

LOCATION AND SITE CHARACTERISTICS

Partridge Road is an area of residential development comprising of terraced and semi-detached properties. 5 Partridge Road is an end of terrace property with the rear garden facing onto Johnson Road. The properties are stone clad with concrete interlocking roof tiles. The property has a side garden measuring 9 metres wide and rear garden, which is 15 metres long. Part of the garden currently consists of a hard standing serving 5 Partridge Road. The existing garden is bounded with a 1.8 metre high fence.

RELEVANT HISTORY

No relevant history

DETAILS OF APPLICATION

The application is for outline consent with siting and access to be considered and the proposal involves extending the existing terrace to provide an additional three bed dwelling. The proposed materials are to match the existing terrace. The proposal includes parking spaces at the rear for proposed and existing dwellings.

DEVELOPMENT PLAN/POLICY

The application site is within the development envelope for Newport, policy D1 (Standards of Design) and H5 (Infill Development) of the IW Unitary Development Plan would apply in this instance.

CONSULTEE RESPONSES

Highway Engineers – suggests conditions if approved.

Southern Water advise of foul sewer overload in periods of heavy rain. Additional foul flow from a few homes would be insignificant. Scheme in current capital programme to improve situation, but cannot advise when works will be constructed.

PARISH TOWN/COUNCIL COMMENTS

Not relevant

THIRD PARTY REPRESENTATIONS

One letter of objection with the following comments:

· Should not approve any further development until the drainage system has been improved.

· Site not suitable for an additional property, proposed materials inappropriate.

· Parking not sufficient for proposal.

CRIME AND DISORDER IMPLICATIONS

No crime and disorder implications anticipated.

EVALUATION

The proposed unit is of a similar size in terms of footprint to the 5 Partridge Road with floor plans indicating a three bedroom property of dimensions of 7 metres by 6 metres and with a distance of around 2 metres between the end of the property and the edge of the road. Overall, it is considered that there is sufficient space to develop the side garden of 5 Partridge Road without a detrimental impact on the character of the road or an adverse impact on the outlook from other properties.

With respect to concern over the adequate provision of foul and surface water drainage, Southern Water has confirmed that there is a main sewer serving the immediate area, which runs along Prior Crescent. Sewage from development in Partridge Road drains via an unadopted sewer into the main sewer in Prior Crescent. With respect to this application, Southern Water has provided the following comments:

The comment confirms that while there is no objection to the construction of additional units, there is a problem upstream caused by surface water entering the sewer which Southern Water are aware of and intend to rectify. Additionally, recently approved housing schemes including an outline for major residential development, north (including Library Headquarters) and east of industrial units with access off Hewitt Crescent (TCP/23497/A) included three conditions covering drainage; one covering the need to ensure no increase in frequency and volume of storm overflow events at Dodnor Lane and Prior Crescent wastewater pumping station, a second related to the need to ensure a surface water regulation system has been approved and implemented and the third requiring the submission of a detailed scheme including calculations and capacity studies being submitted in respect of foul water disposal, with no dwelling being occupied until such agreed scheme has been completed.

While the imposition of such conditions on larger schemes underlines the nature of the problem and demonstrates commitment to resolving the drainage problem, Southern Water confirm they have no objection where only a few extra units are proposed. On this basis, it is considered unduly onerous to impose similar conditions on this application and therefore approval of this scheme is recommended based on the fact that capacity does exist within the sewerage system. A condition is however recommended requiring agreement by the Local Planning Authority of the means of connection to the foul and surface water systems.

The scheme provides a parking space each for 5 Partridge Road and for the proposed property. Partridge Road is situated within Zone 3 (0-75%) for parking and therefore the number of spaces proposed are in accordance with Parking Guidelines. Additionally the Highway Engineer has recommended several conditions to be attached to address parking on the site and access to the site.

HUMAN RIGHTS

JUSTIFICATION FOR RECOMMENDATION

RECOMMENDATION - APPROVAL

Conditions/Reasons:

1	Time limit - outline - A01
2	Time limit - reserved - A02
3	Approval of the details of the design and external appearance of the building(s) and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced. Reason: In order to secure a satisfactory development and be in accordance with Policies S6 (Standards of Design), D1 (Standards of Design), D2 (Standards of development within this site), D3 (Landscaping), TR7 (Highway Consideration for New Development) of the IW Unitary Development Plan.
4	No structures or erection or natural growth, plants, shrubs, etc, exceeding one metre in height above existing road level shall be placed or permitted within the area of land as shown yellow on the plan attached to and forming part of this decision notice. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
5	The layout of the proposed development shall provide for parking spaces to a standard of one car space per dwelling in accordance with plans to be approved by the Local Planning Authority and such provision shall be retained. Reason: To ensure adequate off-street parking provision and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
6	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: (a) 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.
7	No development shall take place until a scheme including capacity studies has been submitted to and agreed with the Local Planning Authority indicating means of foul and surface water disposal. Any such agreed scheme shall indicate connections at points on the system where adequate capacity exists. The dwelling shall not be occupied until any such agreed scheme has been completed.

M J A FISHER

Strategic Director

Corporate and Environment Services