MINUTES OF A MEETING OF THE REGULATORY APPEALS COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON THURSDAY 25 JULY 2002 COMMENCING AT 10.00 AM

Present :

Mrs M J Lloyd (Chairman), Mr A J Mundy, Mr A A Taylor

Also Present :

                       Mrs B D Clough

 9.        DECLARATIONS OF INTEREST

Mr A J Mundy and Mr A A Taylor declared a personal interest in Minute 10 (b) as one of the objectors was known to them.

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

           (a)       The Isle of Wight Council (Various Streets, Lake, IW) (Traffic Regulation) Order No 1 2002

Merrie Gardens – No Waiting at Any Time

Pursley Close – No Waiting at Any Time

Kestrel Close – No Waiting at Any Time

The Committee was reminded that this had been deferred at the last meeting due to a Member declaring an interest which resulted in the Committee becoming inquorate.

The Committee was informed that part of Merrie Gardens had restricted visibility because of the curvature of the road and the brow of a large hill. Parked vehicles contributed to the problem. The restriction had been advertised following a request from a resident who had experienced a near collision as a result of passing stationary vehicles that were parked on the east side of Merrie Gardens, close to the brow of the hill . The extent of the proposed restrictions had been established following a site visit with the police and was designed to address the concerns of the residents without imposing any unnecessary impact of the capacity to park vehicles in the road. It was noted that the Police had written in support of the proposals.

One letter of objection had been received from a resident of Merrie Gardens who was concerned over the difficulty he would have parking his four vehicles if the restriction was implemented as well as having an impact on access to his property for an elderly disabled relative.

The Committee considered the representation and believed that the restriction was necessary to improve road safety and visibility for drivers.

RESOLVED :

THAT the restriction be implemented as advertised.

           (b)       Tree At Juniper Cottage, Love Lane, Bembridge - Tree Preservation Order No. 2A, 2002

A letter was circulated from solicitors of an objector. The Committee believed that due to the close proximity of the tree to the boundary of the property, a site visit would be beneficial.

RESOLVED :

THAT a site visit be arranged and the matter be brought back to the next meeting of the committee.

           (c)       Tree Preservation Order At Land Next to Seagrove Manor, Seagrove Manor Road, Seaview - TPO 2000 / 1

The Committee were informed that a Tree Preservation Order had been placed on two magnolia trees but after an objection was received the Committee at a meeting on 26 June 2000 confirmed the Order but excluded the tree marked T1. The current owners had applied for consent to remove the tree labelled as T2 which was protected, due to its close proximity to the building but wished to retain T1. The Committee noted that it was possible that at some future date for tree T2 to cause a degree of damage, which if consent to remove the tree was refused, could result in a suceessful claim being brought against the Council. The Committee considered the planting of another tree in its place but were advised that there was not sufficient room far enough away from the building to plant a new tree, because the tree originally protected as T1 occupied the obvious position for any replacement, and the applicants did not wish to remove T1. Further advice was given, that if T2 were removed and the tree originally protected as T1 was retained there would be little loss of private amenity. There were no ground for making a preservation order on T1 as the tree was not visible from public land and was not under threat.

RESOLVED :

THAT consent to remove T2 be given without conditions.

CHAIRMAN