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.

 

 

 

 

 

ANDREW ASHCROFT

Head of Planning Services