REPORT OF THE HEAD OF PLANNING SERVICES TO DEVELOPMENT CONTROL COMMITTEE
SITE INSPECTION – 9 JANUARY 2004
3A. |
TCP/24814/D P/00685/03 Parish/Name: Newport Registration Date: 04/04/2003 -
Full Planning Permission Officer: Mr. A. Pegram Tel: (01983) 823566 Removal of compound & portable buildings;
construction of industrial units; car parking Bowcombe Meadows Business Park, Bowcombe Road,
Newport, PO30 |
REASON FOR COMMITTEE CONSIDERATION
The application is a major submission which is particularly contentious
and raises a number of issues to be resolved.
PROCESSING INFORMATION
This is a major submission, the processing of which has taken thirty six
weeks to date and has gone beyond the prescribed eight week period for
determination of applications as the matter was held in abeyance pending
submission by the applicant’s agent of further information and the need for
consultations in this respect.
LOCATION AND SITE CHARACTERISTICS
Application relates to the Bowcombe Meadows Business Park located on
south eastern side of Bowcombe Road.
The bulk of the developed part of the site, comprising commercial
buildings/activities, lies at a lower level to the road with open area to north
west rising to the roadside boundary and adjacent residential properties. Site is accessed off Bowcombe Road over
driveway which runs alongside part of south western boundary and follows
general contours of the land.
Boundaries of site are defined, for most part by post and wire fencing
and natural growth.
Principle buildings within site are long established and are clad in
corrugated iron and fibre cement sheets with natural stone barn under profile
metal sheet adjacent part of north eastern boundary. In addition there are a number of smaller buildings, portacabins
and compounds scattered around the site.
In general, site has quite untidy and cluttered appearance.
RELEVANT HISTORY
Use of site for commercial purposes was first established following
grant of planning permission in December 1949 for use of premises for any
purpose within Class IV of the Town and Country Planning (Use Classes) Order
1948, i.e. general industrial purposes.
Since that time, site has been the subject of numerous applications for
use of the site for industrial/commercial purposes, including storage purposes
and parking of commercial vehicles. The
more recent and relevant applications to current proposal are detailed below.
TCP/07102G/MB/736 - Planning permission for refurbishment and repair of
existing industrial buildings conditionally approved February 1993.
TCP/07102/K - P/01800/98 - Planning permission for continued siting of
portable buildings and storage containers, continued use of land for builders
yard, continued use of land for ancillary parking of vehicles and change of use
of barn to general industrial and storage uses conditionally approved April
1999.
TCP/07102/V - P/01917/01 - Planning permission for removal of compounds
and construction of 11 industrial units with car park area refused April
2002. The eight reasons for refusal
related to the following issues:
·
Outside development
boundary comprising undesirable intensification of industrial development.
·
Outside defined settlement
– development not ancillary to existing industrial/commercial development.
·
Proposal failed to protect
and enhance special quality of landscape designated as an Area of Outstanding
Natural Beauty.
·
Detrimental to rural
character of area.
·
Proposal would generate
significant increase in vehicular traffic entering and leaving the public
highway, to detriment of highway safety.
·
Access unsatisfactory to
serve proposed development by reason of unacceptable visibility and gradient.
·
Site within area recorded
as being of archaeological interest – submission accompanied by insufficient
information to assess importance, nature, location, date and survival of
remains.
·
Site within ground water
protection zone – submission accompanied by insufficient information to
demonstrate how contamination of groundwater would be safeguarded against.
DETAILS OF APPLICATION
Full planning permission is sought for removal of compounds and portable
buildings and construction of industrial units with car parking. Proposal involves retention of the principle
buildings within the site, including the stone barn adjacent the north eastern
boundary and the central unit, and the provision of additional floor space in
purpose built units, including two extension to the central building and two
freestanding blocks at either end of the stone barn. A circulatory road would be provided around the enlarged central
building and parking area provided at bottom of the access road. Submitted plans indicate that additional
planting would be carried out in the open field and on existing parking area
between the industrial units/car parking area and Bowcombe Road.
Submission was accompanied by document providing points for
consideration which is attached to this report as an appendix. In particular, this information indicates
that the existing buildings, portacabins/containers and compounds to be removed
amount to an area of 2633 square metres and the replacements buildings would
have an area of 1370 square metres.
Therefore, proposal would result in a reduction in floor space/open
storage area amounting to approximately
1263 square metres.
Additional floor space created by proposed buildings/extensions would
provide total of 16 units. Submitted
plans indicate that buildings would, for most part, be clad to elevations and
roof with green profile metal cladding with section of faced brickwork to
bottom section of external walls.
DEVELOPMENT PLAN/POLICY
The site is located outside of any settlement defined by the development
envelopes in the Isle of Wight Unitary Development Plan and is within an area
designated as an Area of Outstanding Natural Beauty. Relevant policies of the plan are considered to be as follows:
S1 New development will be concentrated
within existing urban areas.
S4 The countryside will be protected from
inappropriate development.
S10 In areas of designated or
defined scientific, nature conservation, archaeological, historic or landscape
value, development will be permitted only if it will conserve or enhance the
features of special character of these areas.
G1 Development envelopes for
Towns and Villages.
G4 General Locational
Criteria for Development.
G5 Development Outside
Defined Settlements.
D1 Standards of Design
E1 Promote Suitably Located
New Employment Uses.
E8 Employment in the
Countryside.
C1 Protection of Landscape
Character.
C2 Areas of Outstanding
Natural Beauty.
P1 Pollution and
Development.
P2 Minimise Contamination
from Development.
TR7 Highway Considerations for
New Development.
CONSULTEE RESPONSES
Highway Engineer recommends conditions should application be approved.
AONB Officer commented that in past applications have been submitted for
minor proposals at this site, including retrospective applications as a result
of enforcement action. He comments that
in his role as AONB Officer he has consistently sought to persuade applicants
to submit a more comprehensive plan outlining their proposals for the
site. Submission of the current application
is seen as some success in this respect.
However, it has been suggested that a number of the structures used in
the calculations to offset existing floor space/storage area against proposed
floor space are not authorised by planning permission or are still the subject
of enforcement action. Whilst this does
not change his view on the application or the desire to see an improvement in
the site as a whole, he feels that this should be clarified in order to give a
true reflection to the scope and composition of the floor space being ‘traded
off’.
The AONB Officer also expressed concern that the application site, as
defined in the submission includes the whole cartilage of the site and he would
not wish to see the two fields and domestic garden to Bowcombe House included
in any calculations of plans for the industrial use of Bowcombe Meadows
Business Park. Notwithstanding these
concerns, the AONB Officer indicates that he is in support of the proposals to
enhance and improve the current site and operations at the site. In
particular, he considers that the proposals would be of benefit to the
visual impact of the site and would therefore represent a reduction in the impact
it has on the AONB. Therefore, he is
generally supportive of the proposals but would wish to see the following
issues addressed:
·
A treatment other than
plain blacktop tarmac for the roads on the site. A top dressing of a buff or light material will enable this large
area of hard landscaping to better fit in with the rural character of the area.
·
There needs to be some form
of condition/control on advertising and external lighting on the site to
prevent any increase in this potentially urbanising impact.
AONB Officer also questions whether an Article 4 direction for this site
would be appropriate in order to secure a planned approach to any further
proposals and dissuade from an incremental approach and bring clarity should
future enforcement issues arise.
Environmental Health Officer recommends conditions should application be
approved.
County Archaeologist advised that it is highly likely that there are
nationally important remains present on the site and that applicant should
provide the results of a pre-determination archaeological evaluation in order
that the Council can make an informed planning decision about the
archaeological impact of this development.
Following submission of an Archaeological Evaluation by the applicant’s
agent, the County Archaeologist is satisfied that the report fulfils the
requirements for the developer to provide the appropriate information to
accompany the application and recommends conditions, should application be
approved, requiring developer to commission a recognised archaeological
contractor to undertake a watching brief during development operations to
ensure that archaeological features are adequately recorded.
Environment Agency recommend conditions should application be
approved. These conditions seek, for
most part, implementation of measures to safeguard against any pollution of
groundwater in the area as a result of the industrial processes carried on at
the site.
PARISH/TOWN COUNCIL COMMENTS
There is no parish or town council for this area.
THIRD PARTY REPRESENTATIONS
9 letters received from local residents, together with letter from the
Carisbrooke West Community Forum, objecting to proposal on grounds which can be
summarised as follows:
Site outside
development boundary.
Increase in buildings for industrial purposes would prejudice the rural
character of the area, contrary to policies of the Unitary Development Plan.
Increase in traffic would have a knock-on effect right along Bowcombe
Road. Activities at site have already
increased vehicle movements with number of accidents and near misses.
Access unsatisfactory to serve the development.
Forecast of 5% increase in traffic movements not realistic, more likely
to be between 25% and 30% and in contravention of Policy TR7 of the UDP.
Area supposed to be an AONB – site is a significant eyesore. Proposal fails to protect and enhance the
special quality of the landscape.
Site sits on top of a natural aquifer with inadequate measures for
surface water filtering and sewage capacity leading to pollution. Condition of previous planning permission
with regard to surface water drainage has not been satisfied.
Concern expressed over potential for introduction of one way system
through site and suggestions that Bowcombe Manor Lane is to be used as an ‘in’
and present access to Bowcombe Meadows Business Park to be used as the ‘out’.
Chainlink fence erected on road frontage.
Archaeological remains within application site.
Already a number of planning breaches at the site.
Proposal is a major development involving 50% increase in buildings.
Many of the temporary buildings at the site do not have planning
permission and should not be included in the trade off of floor space.
Plans include inaccuracies – no access to Bowcombe House shown,
completed boat store not included and no accurate flow of Lukely Brook shown.
Area of land shown for improved access does not belong to applicant.
Proposed usage not accurately defined.
Parking area not included in the floors pace calculations thereby
misleading public.
Adverse impact on amenities of nearby residents.
Article 4 Direction should be placed on site.
Two further letters have subsequently been received, one from local
resident and one from Carisbrooke West Community Forum generally raising no new
issues. However, local resident
indicates that the application forms indicate that there will be no substances
on the business park listed in "Note 15" with no explanation of the
type of substances involved.
1 letter received from local resident expressing view that, if properly
controlled, proposal could help to improve what is an unpopular site and that
the reduction in heavy goods vehicles and noise pollution, if enforced, would
be welcomed. It is suggested that
following points should be considered:
Proposed parking would be highly visible and planting will take long
time to become effective - any interim measures would be welcomed.
Restrictions on overnight parking and leaving vehicles outside units
should be applied to prevent site looking an eyesore.
A reduction in speed limit on Bowcombe Road would be welcomed.
Roof of existing unit should be painted to contrast with other
buildings.
CRIME AND DISORDER IMPLICATIONS
Architectural Liaison Officer acknowledges that proposal involves
upgrading of existing facilities and not a new development and, therefore,
issues relevant to the latter would not be appropriate in this instance. He comments that, during the day, the
workforce are the best security, as long as they are aware of visitors entering
and leaving the site. Security of the
site when the premises close can be achieved by CCTV, lighting, occupants of
Bowcombe House (adjacent the site) and burglar alarms within individual
premises. He notes that there is only
one entry/exit to this site which can be easily covered by one or two CCTV cameras. Such systems could be monitored by the
occupants of Bowcombe House.
Similarly, the occupants could set off camera/lights and will have their
approach to the house well lit and reduce any “fear of crime”. Architectural Liaison Officer advises that
he is happy to discuss in detail this type of security with the architectural
consultant and surveyor.
EVALUATION
Determining factors in considering current application are whether
redevelopment of site is acceptable in principle and whether proposal would
detract from the landscape character of the area, designated as an Area of
Outstanding Natural Beauty. Other
factors relevant to the consideration of the application are matters relating
to impact on nearby residential occupiers, highway considerations and whether
current submission overcomes the reasons for refusal of the previous
application.
Site has long established use for commercial purposes and in recent
years has been the subject of enforcement investigations for various breaches
of planning, including siting of portacabins and containers and use of
buildings and compounds for unauthorised purposes. A large proportion of the activities at the site attract outside
storage of vehicles and materials, particularly within the open compounds around
the site. Due to the long established
use of the site for commercial purposes, there are only limited restrictions on
outside storage of materials and finished products. It is considered that site has untidy appearance which detracts
from the landscape character of the area.
Whilst the open compound and storage areas may not strictly be deemed as
floor space for the purposes of carrying out a comparison of the existing
activities at the site against the proposal, they clearly perform a function,
create employment and generate vehicle movements to and from the site. Having regard to the limited restrictions on
the use of the area surrounding the existing buildings, I do not consider it
unreasonable to include these areas in any calculation of floor space when
attempting to demonstrate the level of commercial activity undertaken at the
site. The current proposal seeks to
consolidate uses to the core area of the site and provides an opportunity to
apply restrictions to external storage and generally improve the appearance of
the site.
Having regard to the designation of the area as an Area of Outstanding
Natural Beauty, I consider that any improvements in the appearance of the site
and its impact on the landscape character of the area should be given
appropriate weight. In this respect,
the previous application sought consent to build industrial units opposite the
existing car parking area at the foot of the access road and to provide
additional car parking area on part of site which is presently undeveloped. It was considered that this proposal would
increase the "footprint" of the site in the designated landscape and
would have an adverse impact on the character of the locality. However, it is considered that current
proposal provides opportunity to improve the appearance of the site and its
impact on the landscape character of the area.
In particular, current proposal differs from previous application in
that development is concentrated within the core area of the site, the
additional parking to be provided on undeveloped land has been omitted and the
existing parking would be relocated to the site of the open compounds on the
south western side of the site and landscaping carried out in the area
presently occupied by the car park. In
addition, applicants have previously carried out alterations to the central
building within the site, lowering the height of the roof over approximately
half of the length of the building and have indicated that it is their
intention to lower the remainder of the roof in a similar fashion, thereby
reducing the impact of this building in the landscape. It is understood that this work would be
undertaken once the new units are constructed on site and occupants within the
existing building can be relocated thereby enabling these works to be
undertaken.
Whilst the floor space to be replaced includes a number of temporary
structures such as portacabins, these are not the subject of temporary planning
permission and can therefore be retained indefinitely. An examination of the planning history of
the site indicates that the siting of the majority of these structures was
authorised following the grant of planning permission in April 1999, at which
time, there were already several similar structures on site.
Policy G5 (Development Outside Defined Settlements) of the Isle of Wight
Unitary Development Plan details the categories of development which may
exceptionally be permitted outside of defined settlements and includes small
scale development ancillary to existing housing, industrial, commercial,
tourist, recreational or community development. The policy also outlines circumstances where such development
will not be considered acceptable, including where it would reduce the quality
of the environment and landscape or would adversely affect any area, site or feature
of archaeological, architectural, ecological, palaeoecological, geological,
cultural or historic interest or their settings. In this instance, as previously indicated, I am satisfied that
the development will not adversely impact on the landscape character and that,
following comments from the County Archaeologist, any special features of
archaeological interest can be safeguarded by imposing appropriate conditions
on any planning permission granted.
Having regard to these factors and the long established use of the site
for commercial purposes, I am satisfied that the development may exceptionally
be permitted and would not conflict with the aforementioned policy.
Previous application was refused on grounds that proposal would be
likely to generate significant increase in vehicular traffic entering and
leaving the public highway to the detriment of highway safety and that the
access serving the site was unsatisfactory by reason of unacceptable visibility
and gradient. Submitted plans indicate
access road would be widened adjacent junction with Bowcombe Road to provide
passing area for vehicles. Plans also
show visibility splay across frontage of site in a north easterly direction. These works are all shown to be within the
red line defining the application site and the applicant's agent has certified
that this client owns all of the land to which the application relates. This access road would provide the only
means of vehicular access to the site.
Following consideration of the current proposal, Highway Engineer has
concluded that proposal is acceptable and recommends appropriate
conditions. Similarly, Environment
Agency raises no objection to proposal and recommends conditions, should
application be approved, thereby overcoming the reason for refusal of the
previous application in respect of potential for contamination of a ground
water source protection zone.
Residential properties near or adjacent to the site include dwellings to
the east and north east of the site, beyond the adjacent farm complex and
properties occupying elevated position to north west fronting the main Bowcombe
Road. Current application provides
opportunity to impose restrictions on operations at the site, including control
over operating hours and a requirement, where necessary, that operations are
undertaken within the approved buildings with doors and windows shut. Having regard to these factors, and the
distances involved between the industrial buildings and neighbouring residential
occupiers, I consider that any adverse impact can be minimised.
With regard to issue raised by local resident in respect of substances
listed in "Note 15", the storage and use of such substances does not
fall within the jurisdiction of the planning legislation and is controlled by
other bodies such as the Health and Safety Executive. However, Members will note that condition 15, as detailed in this
report, imposes requirements to safeguard against any pollution from storage of
fuels and chemicals.
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.
JUSTIFICATION FOR DECISION
Having given due regard and appropriate weight to all material
considerations referred to in this report, it is considered that proposal
involves redevelopment of site having long established use for commercial
purposes and the opportunity to consolidate operations and improve the overall
appearance of the site to the benefit of the landscape character of the
locality. Therefore, it is considered
that proposal does not conflict with policies of the Unitary Development
Plan. In particular, I am satisfied
that current submission has addressed the reason for refusal of the previous application.
RECOMMENDATION - APPROVAL
Conditions/Reasons:
1 |
Time limit - full
- A10 |
2 |
Detail external roofing/facing finishing -
S02 |
3 |
Before work commences on site, a scheme for the reduction in height
and alterations to the roof line of the existing central building shall be
submitted to and approved by the Local Planning Authority. Thereafter, the works shall be completed
in accordance with an agreed timescale. Reason: In the interests of the amenities and character of
the locality and to comply with Policies D1 (Standards of Design), C1
(Protection of Landscape Character) and C2 (Areas of Outstanding Natural
Beauty) of the Isle of Wight Unitary Development Plan. |
4 |
The development hereby approved shall not commence until a programme
of work has been submitted to and agreed in writing with the Local Planning
Authority. Such programme of work
shall detail the phasing of work, how occupiers of existing units will be
decanted from the existing structures into the new buildings and a timescale
for alterations to the roof line of the existing central building within the
site, as required by condition 3, and removal of temporary
buildings/containers as shown on the approved plan (drawing no. 01:1303:20)
attached to and forming part of this decision notice. The temporary structures/containers and
all debris from demolition work shall be removed in accordance with the
agreed scheme and from the area outlined red on the approved plan. Reason: In the interests of the amenities of the area and to
comply with Policies C1 (Protection of Landscape Character) and D1 (Standards
of Design) of the Isle of Wight Unitary Development Plan. |
5 |
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
details of the surface treatment to all roads and parking areas and shall
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. |
6 |
Landscape works implementation -
M30 |
7 |
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/blue on the submitted
plans. The material shall be removed
from the site by within the area identified in red on the submitted
plans. The material shall be removed
from the site prior to construction of the buildings proceeding beyond damp
proof course level or in accordance with a timescale to be agreed in writing
with the Local Planning Authority. 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. |
8 |
No article of any description shall be manufactured, assembled,
altered, repaired or stored outside the building(s) hereby approved. All processes/activities shall be
restricted to the existing/approved buildings and no other part of the site
edged red on the approved plans shall be used for any commercial/industrial
activity whatsoever. Reason: In the interests of the amenity of the
area and to comply with Policy P1 (Pollution) and D1 (Standards of Design) of
the IW Unitary Development Plan. |
9 |
No outside storage of materials -
D05 |
10 |
No outside storage of scrap vehicles etc -
D06 |
11 |
Prior to installation or use of any machinery involving emissions to
the atmosphere, details of such emissions and any means of abatement shall be
submitted to and approved by the Local Planning Authority. Thereafter, such measures shall be
implemented in full prior to the equipment being brought into use. Reason: In the interests of the amenities of the area and
nearby residential occupiers and to comply with Policies D1 (Standards of
Design) and P1 (Pollution and Development) of the Isle of Wight Unitary
Development Plan. |
2 |
All doors and windows within the buildings shall be kept closed at all
times when machinery is in operation or noisy processes carried on therein. Reason: In the interests of the amenities of the area and
nearby residential occupiers in particular and to comply with Policies D1
(Standards of Design) and C2 (Areas of Outstanding Natural Beauty) of the Isle
of Wight Unitary Development Plan. |
13 |
No machinery shall be operated, no processes shall be carried out and
no deliveries taken at or despatched from the site outside the period between
0730 hours and 1800 hours Mondays to Fridays and 0800 hours and 1300 hours on
Saturdays nor at any time on Sundays, or recognised Bank Holidays. Reason: In the interests of the amenities of the area in general and
adjoining residential property in particular. or In the interests of the amenities of the adjoining residential
property and to comply with Policy P5 (Reducing the Impact of Noise) of the
IW Unitary Development Plan. |
14 |
No development shall be commenced on site until a scheme for the
provision of surface water drainage works has been submitted to and approved
by the Local Planning Authority. Such
scheme shall be supported by detailed calculations and shall be implemented
in full and in accordance with the agreed details prior to occupation of any
of the buildings hereby approved. All
surface water from roofs shall be piped to the approved surface water system
using sealed downpipes and such system shall not comprise open gulleys. Reason: To minimise the risk of flooding and to
prevent pollution of the water environment, in accordance with Policies G6 (Development
in Areas Liable to Flooding) and P1 (Pollution and Development) of the Isle
of Wight Unitary Development Plan. |
15 |
Any facilities for the storage of fuels and chemicals shall be sited
on impervious bases and surrounded by impervious bund walls. The bund capacity shall give 110% of the
total volume for a single and hydraulically linked tanks. If there is multiple tankage, the bund
capacity shall be 110% of the largest tank or 25% of the total capacity of
all tanks, whichever is the greatest.
All filling points, vents, gauges and site glasses and overflow pipes
shall be located within the bund.
There shall be no outlet connecting the bund to any drain, sewer or
water course or discharging onto the ground.
Associated pipework shall be located above ground where possible and
protected from accidental damage. Reason: To prevent pollution of the water environment and to
comply with Policies P1 (Pollution and Development) and P2 (Minimise
Contamination from Development) of the Isle of Wight Unitary Development
Plan. |
16 |
All foul drainage shall be contained within a sealed and watertight
cesspool, fitted with a level warning device to indicate when the tank
requires emptying. Reason: To prevent pollution of ground water and/or the
Lukely Brook and to comply with Policy P2 (Minimise Contamination from
Development) of the Isle of Wight Unitary Development Plan. |
17 |
Site contamination - groundwater protect -
T05 |
18 |
The method of demolition and construction for the development shall be
carried out in accordance with a scheme to be submitted to and approved in
writing by the Local Planning Authority prior to any development commencing
on site. Reason: The site is in a very sensitive location with
respect to ground water, and in order to protect the quality of drinking
water supplies and to comply with Policies P1 (Pollution and Development) and
P2 (Minimise Contamination from Development) of the Isle of Wight Unitary
Development Plan. |
19 |
Site drainage - oil interceptors -
U12 |
20 |
No soakaway shall be constructed in contaminated ground. Reason: To prevent pollution of ground water and to comply
with Policy P1 (Pollution and Development) of the Isle of Wight Unitary
Development Plan. |
21 |
No sewage or trade effluent (including vehicle wash or vehicle steam
cleaning), except site drainage shall be discharged to any surface water
drainage system. Inspection manholes
shall be provided and clearly identified on all foul and surface water
drainage systems. Reason: To prevent pollution of the water environment and to
comply with Policy P1 (Pollution and Development) of the Isle of Wight
Unitary Development Plan. |
22 |
The existing visibility splay with an x dimension of 4.5 metres and a
y dimension of 90 metres shall be maintained unobstructed at all times. 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. |
23 |
The gradient of the access over the first 10 metres from the edge of
the carriageway shall be a maximum of 1 in 50 and shall be constructed in
accordance with details to be submitted to and approved by 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. |
24 |
Development shall not commence on site until the modifications
(levelling and widening) to the upper section of the service road have been implemented
in accordance with details shown on the approved plan (drawing no.
01:1303:20) and details to be submitted to and approved by the Local Planning
Authority. Reason: To ensure adequate access to the proposed
development and to comply with Policy TR7 (Highway Considerations) of the IW
Unitary Development Plan. |
25 |
No development shall take place within the application site until the
applicant, or their agents or successors in title, have secured the
implementation of a programme of archaeological watching brief 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. To facilitate monitoring of the on-site
archaeological works, notification of the start date and appointed
archaeological contractor should be given in writing to the address below not
less than fourteen days before the commencement of any works: The County Archaeologist County Archaeological Centre 61 Clatterford Road Newport Isle of Wight PO30 1NZ 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. |
26 |
Prior to any work commencing on site in respect of the approved
development, a scheme for the provision of close circuit television cameras
and lighting within the site shall be submitted to and approved by the Local
Planning Authority. Thereafter, the
lighting and close circuit television cameras shall be installed/erected and
thereafter retained and maintained strictly in accordance with the approved
details and no further such equipment shall be installed/erected without the
prior written consent of the Local Planning Authority. Reason: To reduce the opportunities for crime and to minimise
potential light pollution in the interests of the amenities and character of
the area and to comply with policies D11 (Crime and Disorder), D14 (Light
Spillage), C1 (Protection of Landscape Character) and C2 (Areas of
Outstanding Natural Beauty) of the Isle of Wight Unitary Development Plan. |
27 |
The buildings hereby approved shall only be used for light industrial
purposes, general industrial purposes and storage/warehouse purposes as
defined in Classes B1(c). B2 and B8 respectively of the Schedule to the Town
and Country Planning (Use Classes) Order 1987, or in any provision equivalent
to that class in any statutory instrument revoking and re-enacting that
Order, and for no other purpose without the prior written consent of the
Local Planning Authority. Reason: In the interests of the amenities and character of the area
and to comply with policies G4 (General Locational Criteria for Development)
and D1 (Standards of Design) of the Isle of Wight Unitary Development Plan. |
3B. |
TCP/24814/E P/01460/03 Parish/Name: Newport Registration Date: 22/07/2003 -
Full Planning Permission Officer: Mr. A. Pegram Tel: (01983) 823566 Siting of 2 portable buildings for use as office
accommodation Bowcombe Meadows Business Park, Bowcombe Road,
Newport, PO30 |
REASON FOR COMMITTEE CONSIDERATION
The development is associated with a proposal for the comprehensive
redevelopment of the site which is the subject of a separate report on this
agenda and this matter should be read in conjunction with that proposal. (See report under reference TCP/24814/D -
P/00685/03)
PROCESSING INFORMATION
This is a minor application, the processing of which has taken twenty
one weeks to date and has gone beyond the prescribed eight week time limit for
determination of planning applications as it was considered appropriate to
defer consideration in order to deal with this matter at the same time as the
application for redevelopment of the site.
LOCATION AND SITE CHARACTERISTICS
Application relates to the Bowcombe Meadows Business Park located on
south eastern side of Bowcombe Road.
The bulk of the developed part of the site, comprising commercial
buildings/activities, lies at a lower level to the road with open area to north
west rising to the roadside boundary and adjacent residential properties. Site is accessed off Bowcombe Road over
driveway running alongside part of south western boundary, following general
contours of the land. Principal
buildings within site are long established and clad in corrugated iron and
fibre cement sheets with natural stone barn under profile metal sheet roofing
adjacent part of north eastern boundary.
There are large number of open compounds/storage areas and, in
consequence, site has relatively untidy appearance.
RELEVANT HISTORY
Use of site for commercial purposes was first established following
grant of planning permission in December 1949 for use of premises for any
purpose within Class IV of the Town and Country Planning (Use Classes) Order
1948, i.e. general industrial purposes.
Since that time, site has been the subject of numerous applications for
use of the site for industrial/commercial purposes, including storage purposes
and parking of commercial vehicles. The
more recent and relevant applications to current proposal are detailed below.
TCP/07102G/MB/736 - Planning permission for refurbishment and repair of
existing industrial buildings conditionally approved February 1993.
TCP/07102/K - P/01800/98 - Planning permission for continued siting of
portable buildings and storage containers, continued use of land for builders
yard, continued use of land for ancillary parking of vehicles and change of use
of barn to general industrial and storage uses conditionally approved April
1999.
TCP/24814/D - P/000685/03 - Application seeking full planning permission
for removal of compounds and portable buildings and construction of industrial
units with associated car parking presently unresolved (for consideration at
this committee).
DETAILS OF APPLICATION
Planning permission is sought for siting of two portable buildings for
use as office accommodation. Submitted
plans show buildings located immediately adjacent and to north east of Bowcombe
House and to rear of existing office building.
At time of recent site inspection, the temporary office accommodation
had already been positioned on site.
Letter from applicants accompanying submission explains that they have
already relocated their glass fibre moulding company from Swanwick and due to
the fact that application for redevelopment of site is still being considered,
they found themselves with no tailor made premises. They indicate that they are occupying some of the existing units
at the site but that these are far from satisfactory. Therefore, they have found it necessary to position two small
portacabins on site, relocated from their former factory on the mainland, until
progress has been made on the application for redevelopment of the site.
DEVELOPMENT PLAN/POLICY
The site is located outside of any settlement defined by the development
envelopes in the Isle of Wight Unitary Development Plan and is within an area
designated as an Area of Outstanding Natural Beauty. Relevant policies of the plan are considered to be as follows:
S4 The countryside will be protected from
inappropriate development.
S10 In areas of designated or
defined scientific, nature conservation, archaeological, historic or landscape
value, development will be permitted only if it will conserve or enhance the
features of special character of these areas.
G1 Development envelopes for
Towns and Villages.
G4 General Locational
Criteria for Development.
D1 Standards of Design
E8 Employment in the
Countryside.
C1 Protection of Landscape
Character.
C2 Areas of Outstanding
Natural Beauty.
TR7 Highway Considerations for
New Development.
CONSULTEE RESPONSES
There are considered to be no highway implications associated with this
application.
AONB Officer advises that the overall approach to the impact of this
site on the AONB designation has been to work with Development Control Officers
and the site owner to seek a whole site plan approach which will lead to an
overall improvement to the site and result in an enhancement of the AONB. However, the current application has been
submitted subsequent to the application for redevelopment of the site and has
caused him some concern. He notes that
the applicant is seeking temporary approval only and considers it regrettable
that this is once again a retrospective application. He comments that the organisational logistics of relocation of a
business must have raised the lack of office accommodation on site at Bowcombe
as an issue some time ago. Whilst
accepting that application for major redevelopment of site has been subject to
a resubmission and is yet to be determined, it would, in his opinion, have been
more beneficial to have this business requirement included as part of that
application, rather than as a separate proposal.
AONB Officer comments that as a stand alone application he would object
in principle to this proposal. In
particular, he considers that portacabins are not of sufficient design quality
to be supported as a business accommodation solution within the AONB. However, if it is possible to tie temporary
permission to these structures to the whole site plan proposals, without
prejudicing the determination of the application for redevelopment of the site,
he may be able to withdraw his objections.
In this respect, he suggests that permission is subject to a condition
requiring removal of these temporary structures within 18 months of approval or
as soon as the new accommodation becomes available, whichever is the shorter
period. Furthermore, as there are no
photographs or drawings of the visual impact of the structures in relation to
the site, AONB Officer asks that appropriate mitigation measures are
undertaken, for example a condition to require the structures to be painted a
dark green colour. He considers that,
if these measures are addressed, there will be a long term benefit to the AONB
through the removal of all temporary structures on site and the provision of a
more conducive and organised approach to site management at Bowcombe Meadows.
Environment Agency raises no objection.
PARISH/TOWN COUNCIL COMMENTS
There is no parish or town council for this area.
THIRD PARTY REPRESENTATIONS
Two letters received from local residents residing at the same address
objecting to proposal questioning need for additional portable buildings.
CRIME AND DISORDER IMPLICATIONS
No crime and disorder implications anticipated.
EVALUATION
Determining factor in considering application is whether siting of
portable office accommodation would detract from the amenities and landscape
character of the area designated as an Area of Outstanding Natural Beauty.
The portacabins are situated immediately adjacent existing permanent
buildings and are partially screened by adjoining natural growth. The structures are located within and are
viewed as part of the overall complex of buildings forming the business
park. Therefore, I do not consider that
in isolation, these structures have a significant or adverse impact on the
landscape character of the area.
However, I would agree with the view of the AONB Officer that, having
regard to the landscape designation, these buildings are of a substandard
design and I would not wish to see their retention for an indefinite
period. In this respect, I consider
that it would be wholly reasonable to grant permission for a temporary basis
and that the removal of these buildings is required within a specified period
of time or at such date as the permanent accommodation, forming part of the redevelopment
of the site, is constructed and the portacabins become redundant. In addition, should Members be minded to
approved application, I consider that permission should be subject to a
condition requiring the external surfaces of the portacabins to be painted in a
drab green colour.
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.
JUSTIFICATION FOR RECOMMENDATION
Having given due regard and appropriate weight to all material
considerations referred to in this report, I am satisfied that retention of the
portacabins on a temporary basis will not have a significant or adverse impact
on the landscape character of the area.
RECOMMENDATION - APPROVAL
Conditions/Reasons:
1 |
This permission shall be for a limited period expiring on 31 December
2005, on or before which date, or at such time as permanent accommodation is
provided on the site as part of a redevelopment scheme, whichever is the
sooner, the buildings shall be permanently removed and the land restored to
an agreed condition, unless the prior written consent of the Local Planning
Authority has been obtained in writing for a further period. Reason: The buildings are of a type not considered
suitable for permanent retention and to comply with Policies S6 (Standards of
Design), D1 (Standards of Design), C1 (Protection of Landscape Character) and
C2 (Areas of Outstanding Natural Beauty) of the IW Unitary Development Plan. |
2 |
The external surfaces of the portacabins shall be maintained hereafter
in a dark green colour, unless otherwise 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. |
Head of Planning Services