MINUTES OF A MEETING OF THE PLANNING COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 11 JULY 2000 COMMENCING AT 6.00 PM

Present :

Mrs C T G Webb (Chairman), Mr B E Abraham, Mr C P Boswell, Mr A C Coburn, Mr E Fox, Mr P A Fuller, Mrs M A Jarman, Mr D J Knowles (deputising for Mrs L E Rogerson), Mrs A Leigh, Mrs M J Miller, Mr P A Nightingale, Mr K Pearson, Mr A A Taylor, Mr G Wilson, Mr D T Yates

Also Present (non voting) :

Mr M G Barton, Mr M J Cunningham, Mrs B E Lawson, Mr V J Morey, Mr A J Mundy, Mr R A Sutton

Apologies :

Mr C B W Chapman, Mr J Manners, Mrs L E Rogerson

RESOLVED :

THAT the Minutes of the meeting held on 30 June 2000 be confirmed.

37. PUBLIC QUESTION TIME

Members of the public asked the following questions :

(a) Mrs G Tobin asked where is the legal basis upon which the planning officers are now recommending that no action be taken in relation to The Old Rectory, Beatrice Avenue, East Cowes and how will the Council defend itself if a resolution to take no action is subjected to a judicial review?

The Chairman replied, 'as you know the decision by the Council as Local Planning Authority to take (listed building) enforcement action is discretionary. In my view, all material points have been set out in the Officer's report which we will debate in a few moments under Urgent Business'.

(b) Colonel W R Wood asked 'May we please have more details of those who have been identified by the Council (Paper C) as interested parties :

(i) The names of the current owners/developers of all land contained within the boundaries of the s.52 Agreement site?

(ii) The names of the current owners, and the current title of, the 'operating company'?

(iii) Names of those considered to be current 'owners of properties within the development'?

What are the 'various outstanding points' on which Counsel advised (reference C, paragraph 7) and how did they arise from the original brief'?

The Chairman replied, the Legal Services Manager has details of the freehold owners and of the company and will give these to Colonel Wood.

The reference is to various outstanding complaints which have been made to the Council about the development. Counsel was asked to advise on these in the instructions to advise. The details are in the advice from Counsel, copies of which are available from the Legal Services Manager.

38. DECLARATIONS OF INTEREST

Interests were declared in the following matters :

Mrs C T G Webb, Mrs M A Jarman and Mr P A Fuller declared an interest in Minute 39 (a) - The Vectis Hall, Melville Street, Ryde.

Mr B E Abraham declared an interest in Minute 39 (b) - Adgestone Camping Park, Lower Road, Adgestone and Minute 40 (c)(ii) 18 - Site of Orchard Croft, Main Road, Wellow.

39. URGENT BUSINESS

The Chairman agreed to four items of urgent business as a decision was needed before the next meeting.

(a) LBC/20672C - The Vectis Hall, Melville Street, Ryde

Mrs C T G Webb, Mrs M A Jarman and Mr P A Fuller declared an interest in this item.

Members were reminded that at the Planning and Countryside Committee held on 8 December 1998, authorisation was given to serve a Section 215 Notice on the nine people who had an interest in the land and buildings of the above site. At that time most of the works were carried out.

Following a complaint from a local resident a site inspection was carried out. Members considered the authorisation of formal action against the untidy condition of the land and buildings under S 215 of the Town and Country Planning Act 1990 because the state of the land was considered to be detrimental to the visual amenities of the area.

RESOLVED :

THAT the service of appropriate notices (Section 215 under the Town and Country Planning Act 1990 or Listed Building repairs notice) requiring the land and the buildings to be made good, the weeds and rubbish cleared from the front area and the site properly cleared be authorised, with a compliance period of four weeks.

(b) TCP/8043T - Breach of condition in respect of unauthorised use of part of site for rally purposes, Adgestone Camping Park, Lower Road, Adgestone, Brading, Isle of Wight

Mr B E Abraham declared an interest in this item.

Members were told that following a decision taken by the Planning Committee on 30 June 2000, further representations had been received from a local resident asking members to reconsider their decision.

Advice had been sought from the Legal Services Manager who indicated that the most sensible way forward was to monitor the use of the site carefully after the end of the season on 7 September 2000.

RESOLVED :

THAT the earlier decision not to serve a new Breach of Condition Notice be adhered to and to advise the complainant accordingly and advise him/her that the use of this part of the site will be monitored after 7 September 2000 until the end of the current season and prior to 7 July 2001.

(c) LBC/12497H and TCP/12497J(e) - Outstanding enforcement matters at The Old Rectory, Beatrice Avenue, East Cowes, Isle of Wight

The Director told members that an Enforcement Notice had been served on the occupiers of The Old Rectory, Beatrice Avenue, East Cowes on 17 March 2000, and an outline of the works that had been required was given.

The Enforcement Notice had now become the subject of an appeal and would be dealt with under the written representation procedure.

Further outstanding issues had since been highlighted and a way forward to resolve these was sought.

RESOLVED :

(i) THAT no further action be taken.

(ii) THAT Building Control be requested to investigate the allegation of the loft conversion.

(d) TCPL/17355T - Partial demolition of store building, new retail unit fronting Lugley Street/ancillary retail storage building/sorting area and building with linkway to existing retail premises including provision of goods yard with access off Chain Lane and revised customer car park management off Crocker Street (revised plans), The Indoor Market, 22 Lugley Street, Newport, Isle of Wight

LBC/17355U - Listed Building Consent for partial demolition of stone building in connection with planning application for new retail unit (fronting Lugley Street), goods distribution warehouse and yard linkway to existing retail premises, including alterations to customer car park (revised plans), The Indoor Market, 22 Lugley Street, Newport, Isle of Wight

Members were reminded that at the Planning Committee held on 30 May 2000, a report regarding the above applications had been deferred pending a site visit.

The site visit took place on 9 June 2000 and at that meeting an amended, detailed report was considered. Members decided to defer the decision for further negotiations.

A letter sent to the applicant's agent highlighted the areas of concern expressed by members and a positive response was received from the applicant's agent. The Director outlined the revisions that had resulted from those negotiations and indicated that neighbours had been notified of the proposed changes.

A further letter of representation had been received from a resident of Lugley Street and a letter from the applicant was read out.

RESOLVED :

THAT both the applications (revised plans) be approved subject to a Section 106 Agreement and conditions set out in the report to the Planning Committee on 9 June 2000 with additional consideration to be given under delegated powers to further conditions in respect of the landscaping/'buffer' strip, an area suitable for outside storage giving regard to the need to maximise manoeuvring space for large delivery vehicles.

40. REPORT OF THE DIRECTOR OF ENVIRONMENT SERVICES

(a) LBC/8854R - Windows, Royal Yacht Squadron, The Castle, The Parade, Cowes

Members were given an update on the windows of the Royal Yacht Squadron, The Castle, The Parade, Cowes.

The type of window to be installed had been agreed and solicitors acting on behalf of the Royal Yacht Squadron had advised the Planning Inspectorate that they wished to withdraw their appeal against the Enforcement Notice. As a result of this the Enforcement Notice would come into operation and the compliance date for the work was four months from the date of the appeal being withdrawn. It was anticipated that the works should be completed by October 2000.

RESOLVED :

THAT members note the report in terms of the position in respect of the Enforcement Notice and the withdrawn appeal; the future negotiations and decisions taken by the Conservation Officer; the matters to be agreed before any work takes place on site and the suggested timescale.

(b) Schedule of Appeals

The Schedule of Appeals that had been lodged and decisions made was received.

RESOLVED :

THAT the report be noted.

(c) Planning Applications and Related Matters

(i) Part I - Applications Determined Under Part I Procedures

The Schedule of planning applications which had been determined by the Director of Environment Services under the agreed delegation scheme was submitted.

RESOLVED :

THAT the Schedule be noted.

(ii) Part II and Part III

Consideration was given to items 1 - 65 of the report of the Director of Environment Services.

RESOLVED :

THAT the applications be determined as detailed below :

Categories of applications considered and determined as detailed below :

(iii) Part IV - Items Other Than Current Issues

56. TCP/16372 - Unauthorised change of use of land at 'Briarwald', Cranmore Avenue, Cranmore, Yarmouth, Isle of Wight

RESOLVED :

THAT the application be deferred to allow further consideration of information by the Local Member regarding the curtilage.

57. TCP/17557D - Unauthorised siting of coach and caravan for use as residential accommodation at Balck Pan Farm, Lake, Sandown, Isle of Wight

Consideration was given as to whether an Enforcement Notice should be served which required the cessation of residential use and the removal of the coach and caravan from the land.

Comments from Lake Parish Council and a letter from the occupier were received.

RESOLVED :

THAT an Enforcement Notice be served requiring the owners/occupiers of the land to cease the residential use and to remove of the coach and caravan from the land. The time for compliance 28 days from the date the notice takes effect.

58. Enforcement Notice regarding change of use without planning permission for an agricultural use of land for the storage and testing of agricultural machinery and equipment in connection with an agricultural engineering operation, land on eastern side of Main Road, Chale Green, Ventnor, Isle of Wight

Members considered the situation that had arisen whereby an operator had failed to comply fully with the requirements of an Enforcement Notice because of difficulties in finding a suitable site to relocate to.

Letters from four local residents were received.

RESOLVED :

THAT the report be noted and to delay taking any immediate prosecution action and await a further report following a meeting with the operator's agent towards the end of July.

41. REPORT OF THE DIRECTOR OF CORPORATE SERVICES

Island Harbour

The Director outlined the planning history to the development at Island Harbour.

Members were reminded that at a meeting of the Planning and Countryside Committee held on 3 August 1999 it was resolved to seek Counsel's opinion on the way forward. Before the opinion was sought a public meeting had been held to inform residents of the questions to be asked.

Counsel's opinion had now been received and a summary of that advice was given to members by the Director of Corporate Services.

It was suggested that before any decisions were made interested parties should be given the opportunity to comment.

Comments from the Local Member were reported and a letter from the applicant's solicitor and an objector were received.

RESOLVED :

THAT the property owners, the Residents Society, the Owner/Developer and the operating company be invited to make written representations before reporting back to the Committee on the four policy issues.

42. MEMBERS' QUESTION TIME

Mrs A Leigh asked if the Chairman shared her concern at the high profile being shown on a personal basis on objections to a planning application in Cowes, by a senior officer employed by the IW Partnership. Might that person find themselves compromised in other developments in the Cowes area in promoting economic development in the town. The Chairman replied that relevant issues had been dealt with by the Director.

CHAIRMAN