MINUTES OF A MEETING OF THE REGULATORY APPEALS COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY 27 JULY 2001 COMMENCING AT 10.00 AM
Present :
Miss H L Humby (Chairman), Mr M Cunningham, Mr R G Mazillius (for Minutes 3 - 4 only) Mr A A Taylor (for Minutes 1-2 only)
Also Present (non-voting) :
Mr B E Abraham, Mrs T M Butchers, Mr E Fox, Mrs S A Smart, Mr A F Tiltman
RESOLVED :
THAT the minutes of the meeting held on 17 April 2001 be confirmed.
2. REPORT OF THE DIRECTOR OF ENVIRONMENT SERVICES
(a) Objections to Traffic Orders - The Isle of Wight Council (Various Streets, Wootton/ Fishbourne, IW) (Traffic Regulation) Order No1 2001
Members gave consideration to a number of amendments to the yellow line waiting restrictions that had been advertised in May 2001. This followed consultation with the Police to address a number of road safety issues in Wootton/Fishbourne.
(i) Fishbourne Green, Fishbourne - No Waiting at Any Time
The restriction had been advertised following a request by the owner of Fishbourne House who had highlighted concerns about parking immediately opposite the vehicular access to Fishbourne House narrowing the carriageway and restricting access to the property. Nine letters of objection had been received on the grounds of that it would cause access difficulties to the adjacent boat moorings and it would also restrict assess to recreational facilities in the area. The comments of the Police were taken into consideration and the local member put his views to the Committee. Members discussed limiting the period of time that cars could park in the area but were informed this had already been considered. Members believed that the situation could be eased by the painting of white lines opposite the drive to Fishbourne House and that the posts and chains already in place could be moved back to improve the available road width.
RESOLVED :
THAT the order not be implemented as advertised.
(ii) Station Road, Wootton - No Waiting at Any Time
The restriction was advertised at the request of the Church who were concerned that visibility from their adjacent vehicular access was severely restricted due to parking either side of the access point. One letter of objection had been received. The comments of the Police were taken into consideration.
RESOLVED :
THAT the restriction be implemented as advertised.
(iii) Station Road, Wootton - No Waiting at Any Time
The restriction was advertised following a number of concerns expressed by the Police, Wootton Bridge Parish Council, local hauliers and other road users regarding the impact that the existing on-street parking had on vehicles approaching the traffic signals in a northerly direction. One letter of objection had been received. The local member put his views to the Panel.
RESOLVED :
THAT the restriction be implemented as advertised.
(iv) Beechcroft Drive, Wootton - No Waiting at Any Time
Palmers Road, No Wootton - Waiting at Any Time
The restriction was advertised at the request of residents of Beechcroft Drive who were concerned about the impact of vehicles parking immediately up to the junction of Palmers Road. Two letters of objection had been received from residents of Palmers Road. The Police supported the proposals.
RESOLVED :
THAT the restriction be implemented as advertised.
(b) Objections to Traffic Orders - The Isle of Wight Council (B3401 Thorley Street, Thorley, IW) (30mph Speed Limit) Order No2 2001
Following the Committee's decision at its meeting on 17 April 2001, an Order to extend the 30mph speed limit through Thorley on the B3401 from the junction with Broad Lane to 20 metres west of Tattell's Lane had been advertised. A letter had been received from Hampshire Constabulary which stated that they did not support the Order because there was no evidence to show that a lower limit was required or sustainable. The local member spoke in support of the Order being made. Members were advised that extending the lower speed limit into the more rural areas of the village would detract from the impact where it would have most effect. The Director advised that the Order would not comply with the Council's policy on setting speed limits. The Committee however, took into account the strength of feeling of local people who supported the Order.
RESOLVED :
THAT the Order be implemented as advertised.
(c) Trees at Waverley Park Holiday Centre, St Thomas' Road, East Cowes - Tree Preservation Order No. 2, 2001
The Committee was advised that a tree preservation order was made on 12 February 2001 which covered 18 individual trees, and a group of 3 trees, all within an area. A revised list of trees to be protected was then agreed on site with the owners, correcting the mistakes that had occurred because the accurate positions and the conditions of the trees could not have been precisely judged from outside the site. An objection by the owner was then received. Members were advised that although orders could be confirmed with modifications, new trees were unable to be added and therefore a new order would need to be made.
RESOLVED :
THAT the Tree Preservation Order No.2, 2001 be not confirmed and a new Order be made.
3. EXCLUSION OF PUBLIC AND PRESS
RESOLVED :
THAT under Section 100(A)(4) of the Local Government Act 1972 the public and press be excluded from the meeting for the following item of business, namely Minute number 4 on the grounds that there is likely to be disclosure of exempt information as defined in paragraphs 5 and 7 of Part 1 of Schedule 12A of the Act.
4. BUSINESS RATES HARDSHIP RELIEF
The Director of Finance and Information advised the Committee that the Council were permitted to grant relief on the grounds of hardship and outlined the circumstances which were required to be shown. The Committee considered each application in turn.
(a) 70103969
The Committee believed that insufficient evidence had given to establish hardship.
RESOLVED :
THAT relief on the grounds of hardship should not be given at the present time but the application would be reconsidered if further information was provided.
(b) 70080652
The Committee considered that hardship due to a loss of trade had been suffered because of adverse publicity regarding foot and mouth disease.
RESOLVED :
THAT relief on grounds of hardship be given for a period of one month from 1 April 2001.
(c) 70039056
The Committee considered that hardship due to a loss of trade had not been caused solely by foot and mouth disease and that other factors were present.
RESOLVED :
THAT relief on the grounds of hardship should not be given.
(d) 70067558
The Committee considered that hardship due to a loss of trade had not been caused solely by foot and mouth and footpath closures in the area.
RESOLVED :
THAT relief on the grounds of hardship should not be given.
(e) 50119841
The Committee considered that hardship due to a loss of trade had not been caused solely by foot and mouth disease.
RESOLVED :
THAT relief on the grounds of hardship should not be given.
(f) 70070889
The Committee considered that hardship due to a loss of trade had not been caused solely by foot and mouth disease.
RESOLVED :
THAT relief on the grounds of hardship should not be given.
(g) 70088084
The Committee believed that insufficient evidence had given to establish hardship.
RESOLVED :
THAT relief on the grounds of hardship should not be given at the present time but the application would be reconsidered if further information was provided.
(h) 50238721
The Committee considered that hardship due to a loss of trade had been caused because the premises had been forced to close for a period of time.
RESOLVED :
THAT relief be given for a period of two months only.
(i) 50227881
The Committee considered that hardship due to a loss of trade was caused due to road closures as well as foot and mouth disease.
RESOLVED :
THAT relief be given for one month only.
(j) 70039459
The Committee considered hardship due to a loss of trade was suffered during the two week closure of the business.
RESOLVED :
THAT relief be given for two weeks only.
(k) 70039539
The Committee Panel considered that hardship due to a loss of trade had not been caused by foot and mouth disease.
RESOLVED :
THAT the application be refused.
CHAIRMAN