MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON MONDAY, 18 FEBRUARY 2002 COMMENCING AT 5.00 PM

Present :

Mrs M J Miller (Chairman), Mr B E Abraham, Mr A C Coburn, Mr J H Fleming, Mr E Fox, Mr J F Howe, Mrs M A Jarman, Mr D J Knowles, Mr C H Lillywhite, Mr V J Morey, Mr I R Stephens (deputising for Mr C B W Chapman), Mr A A Taylor, Mr D G Williams (deputising for Mr A J Mellor), Mr D T Yates

Apologies :

Mr C B W Chapman, Mr A J Mellor

Also Present (non voting) :

Mr R R Barry, Mr M J Cunningham, Mrs B Lawson, Mrs M J Lloyd, Mr H Rees, Mrs S A Smart, Mr R A Sutton

82.      MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 8 February 2002 be confirmed.

83.      PUBLIC QUESTION TIME

Mr and Mrs Dover of 18 New Barn Road, East Cowes asked a question in relation to the development of former Westlands Sports Ground, Old Road, East Cowes (PQ 07/02).

Mr K Harris of 100 Old Road, East Cowes asked a question in relation to the development of former Westlands Sports Ground, Old Road, East Cowes (PQ 08/02).

Mrs P Greenwood of 28 New Barn Road, East Cowes asked a question in relation to the development of former Westlands Sports Ground, Old Road, East Cowes (PQ 09/02).

Mr M McSorley of 123 Old Road, East Cowes asked a question in relation to the development of former Westlands Sports Ground, Old Road, East Cowes (PQ 10/02).

Mrs Buxton of 155 Old Road, East Cowes asked a question in relation to the development of former Westlands Sports Ground, Old Road, East Cowes (PQ 11/02).

Mr Buxton of 155 Old Road, East Cowes asked a question in relation to the development of former Westlands Sports Ground, Old Road, East Cowes (PQ12/02).

Mr P Palmer of 153 Old Road, East Cowes asked a question in relation to the development of former Westlands Sports Ground, Old Road, East Cowes (PQ 13/02).

A copy of the questions and replies are contained in the Public Question Register.

84.      DECLARATIONS OF INTEREST

Interests were declared in the following matters :

Mr G Hepburn, East Team Leader declared a non pecuniary interest in Minute 86 (f)(i) 3 - Five Acres Farm. Staplers Road, Newport.

Mrs M Kirkman, Senior Solicitor declared a non pecuniary interest in Minute 86 (f)(i) 11 - Sunrise, Newport Road, Niton.

85.      URGENT BUSINESS

The Chairman agreed to the consideration of two items of urgent business as a decision was required prior to the next meeting.

           (a)       TCP/22370A - Outline for Residential Development with Access off Sherbourne Avenue (Revised Plans) (Re-advertised Application) on Industrial Site off Sherbourne Avenue, Binstead, Ryde

Members were reminded that the application had been considered at the Development Control Committee meeting held on 6 November 2001, where it was decided to grant conditional approval subject to the applicant entering into a Section 106 Agreement and making provision for a commuted payment of an agreed sum towards provision of a play area within close proximity to the site.

The applicant indicated that he now wished to make provision of open space on site as opposed to off site. The provision of open space on site was in accordance with Policy L10 of the Unitary Development Plan. The Director advised members of the negotiations that had been held and in order to facilitate the development in respect of open space and it would be necessary to amend the formal resolution.

RESOLVED :

THAT the following amendments be made to the formal resolution made on 6 November 2001by the Development Control Committee :

                                  (i)        Amend Minute 45 (a) :

delete ‘and make provision for a commuted payment of an agreed sum towards provision of a play area within close proximity to the site. Such agreement shall provide for the timing of such payment and programme for the provision of the play area’.

                                  (ii)       Add to Minute 45 (a) :

                                               (vi)      THAT an appropriate condition be imposed to make provision for open space on site in a location and level of management to be agreed with the Local Planning Authority.

                                               (vii)      THAT an appropriate condition be imposed to ensure that matters relating to number, type, siting and overall layout of the proposed unit is a reserved matter combined with the imposition of an appropriate minimum density for the development of the site.

           (b)       TCP/6661G - Outline for Extension to Workshop; Formation of Slipway and Jetty; Two Industrial Units and Pair of Semi-Detached Dwellings with Access off Ranalagh Drive (Revised Scheme), The Shipyard, Ashlake Copse Road, Ryde

The Committee were reminded that the application had been considered at the Development Control Committee meeting held on 29 January 2002, where it was decided to grant conditional planning permission subject to no further comments being received on or before 1 February 2002 which would warrant reconsideration of the proposal.

Four additional letters of objection had been received from local residents.

RESOLVED :

THAT the decision to grant conditional outline planning approval taken at the meeting of the Development Control Committee held on 29 January 2002 be reaffirmed.

86.      REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

           (a)       Planning Green Paper

Consideration was given to the Planning Green Paper and associated papers which had been published by the Government for consultation. There were 10 key questions for consideration.

An outline of the Green Paper was given and included proposals on Simplified National Guidance, Regional Strategies, Local Development Frameworks, Map Showing Areas of Change and Action Area Plans. Members believed that the response should emphasise the Council view that the Isle of Wight be considered a sub region in its own right.

RESOLVED :

                      (i)        THAT the response outlined by the Strategic Director of Corporate and Environment Services be supported.

                      (ii)       THAT the response emphasise the Council view that the Isle of Wight be considered as a sub region in its own right.

           (b)       TCP/14875/F - 2 No. Rock Armour Breakwaters to Form a Fairweather Haven for Vessels, New Slipway (Revised Plans and Environmental Statement) (Readvertised Application) Foreshore, East of a Southern Water Pumping Station, Esplanade, Ventnor

The Strategic Director outlined the history to the application and the Coastal Manager’s comments were noted. Talks between the Environment Agency, English Nature and the Council’s Ecology Officer had resolved any issues in respect of ecology in the area.

A letter of support from the Local Member was read out

RESOLVED :

                      (i)        THAT subject to the views of the Environment Agency on the Environmental Statement and that the final version of the Appropriate Assessment reflects the draft so far received the application be approved.

                      (ii)       THAT Condition 8 be replaced with the following :

Prior to the commencement of the development, a scheme of monitoring regarding the following shall be submitted to and agreed in writing with the Local Planning Authority and the approved development shall thereafter be carried out in accordance with the agreed details :

                                               (a)       Re-colonisation of the trans located boulder reef by marine and flora. This will include carrying out a baseline survey of the boulders to be trans located. Monitoring shall employ a ‘control’ which will involve monitoring boulders which are not being removed, near the site.

                                               (b)       Colonisation of created boulder reef habitat at Collins Point and on the breakwaters.

                      (iii)       THAT the following conditions be added :

                                   15.      Prior to the commencement of the development hereby approved, details shall be provided of the measures to be taken to control pollution caused by vessels using the haven, including those using moorings outside the breakwaters. Such measures as may be agreed shall be put in place and subsequently adhered to, unless the prior consent of the Local Planning Authority is obtained in writing.

Reason : To reduce as far as possible the potential for pollution of the marine environment.

                                   16.      Prior to the commencement of the development hereby approved, details shall be provided to the Local Planning Authority of the route to be taken across the boulder reef by barges transporting materials to construct the haven breakwaters. The transport of materials shall thereafter be undertaken in accordance with the agreed details, unless the prior approval of the Local Planning Authority is obtained in writing.

Reason : To prevent as far as possible damage to the Candidate Special Area of Conservation.

           (c)       Introduction of Public Speaking at Meetings of the Development Control Committee

Members discussed possible new arrangements that would allow public participation at Development Control meetings.

The Strategic Director outlined the proposed timetable and advised the Committee how it was anticipated that the new system would work. Members believed that a 4.00 pm start would be too early for public speaking and suggested that the items with public speaking should not start before 5.00 pm.

RESOLVED :

                      (i)        THAT the introduction of public participation scheme at the Development Control Committee be agreed in principle.

                      (ii)       THAT the framework of the new system and the timescale as set out in the report be supported.

                      (iii)       THAT applications which would include public speaking should not start before 5.00 pm.

           (d)       To Consider any Items Deferred from the Last Meeting of the Committee and the Site Inspection Meeting

           (e)       Schedule of Appeals

The Schedule of Appeals that had been lodged and decisions made was received. The Committee were advised that a letter had been received from the applicant of World Tree, Appley Tower, Appley asking for a further 28 days to remove the balustrading. Members believed that the applicant had had long enough to remove the structure.

RESOLVED :

                      (i)        THAT the report be noted.

                      (ii)       THAT the applicant of World Tree, Appley Tower, Appley be advised that members did not accept any extension to the agreed time for compliance with the Enforcement Notice.

           (f)        Planning Applications and Related Matters

                      (i)        Part II and Part III

Consideration was given to items 1 - 24 of the report of the Strategic Director of Corporate and Environment Services.

RESOLVED :

THAT the applications be determined as detailed below :

The reasons for the resolutions made in accordance with Officer recommendation are given in the Planning report. Where resolutions are made contrary to Officer recommendation the reasons for doing so are contained in the minutes.

A schedule of additional representations received after the printing of the report was submitted at the beginning of the meeting and were drawn to the attention of Members when considering the application. A note is made to this effect in the minutes.

PART II

PART III

           (ii)       Part IV - Items Other Than Current Applications

G/23/U/313/01 - Allegation of untidy land at ‘Rushmoor’, 87 New Road, Brading

Consideration was given as to whether circumstances justified the service of a Notice under Section 215 of the Town and Country Planning Act 1990, which required the clearance of weeds, brambles and seedlings from the land because they were considered to be detrimental to the visual amenities of the area.

RESOLVED :

THAT no action be taken regarding the overgrown nature of the garden.

CHAIRMAN

MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL COMMITTEE - SITE INSPECTIONS HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY, 1 MARCH 2002 COMMENCING AT 11.10 AM

Present :

Mrs M J Miller (Chairman), Mr B E Abraham, Mr J H Fleming, Mr J F Howe, Mrs M A Jarman, Mr C H Lillywhite, Mr V J Morey, Mr K Pearson (deputising for Mr A C Coburn), Mr A A Taylor

Apologies :

Mr A C Coburn, Mr E Fox, Mr D J Knowles, Mr D T Yates

87.      MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 18 February 2002 be confirmed.

88.      URGENT BUSINESS - TCP/17048/E

Members were advised that prior to the Development Control Committee meeting held on 18 February 2002, a letter had been received from an applicants agent asking for a deferral of TCP/17048/E - alterations and conversion of storage building to form a dwelling adjacent Dexter Cottage, Brambles, Freshwater. The Committee were asked to confirm that if the letter had been reported in the schedule of late representations that it would not have made any difference to their decision to refuse the application.

RESOLVED :

THAT refusal of planning permission be re-affirmed.

89.      REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

           (a)       Planning Applications and Related Matters

Consideration was given to items 1 and 2 of the report of the Strategic Director of Corporate and Environment Services.

RESOLVED :

THAT the applications be determined as detailed below :

The reasons for the resolutions made in accordance with Officer recommendation are given in the Planning report. Where resolutions are made contrary to Officer recommendation the reasons for doing so are contained in the minutes.

           (b)       TCP/20425P - Temporary contractor’s office, contractor’s compound and soil storage, St Cross Business Park, Newport, Isle of Wight

Members were reminded that a report had been considered at the Development Control Committee on 26 September 2001. At that meeting it was resolved to serve a Planning Contravention Notice which sought further information relating to the nature of the use of the compound and office facility and then to consider whether the circumstances justified the service of an Enforcement Notice requiring the removal of the contractor’s offices, storage depot facility and soil storage mound from St Cross Business Park, Newport.

A Planning Contravention Notice was served and a meeting was held with the owner together with his agent on 24 October 2001.

Members were advised that there was a need to consider whether or not a case could be made that the applicants could benefit from an exemption under Part 4 of the Town and Country Planning (General Permitted Development) Order 1995. It was believed that a planning application should be invited (without prejudice to the final decision) for the temporary retention of the office building, but an Enforcement Notice should be served in relation to the contractor’s compound and the soil mound.

RESOLVED :

                      (i)        THAT an application be invited for the retention of the office building.

                      (ii)       THAT an Enforcement Notice be served requiring the clearance of the vehicles, equipment and materials, together with the dismantling of the security fencing which has been used to form a contractor’s compound and also the removal of the soil mound. Time period for compliance - three months.

CHAIRMAN