MINUTES OF A MEETING OF THE PLANNING AND COUNTRYSIDE COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 20 JUNE 2000 COMMENCING AT 6.00 PM

Present :

Mrs C T G Webb (Chairman), Mr B E Abraham, Mr C P Boswell (deputising for Mrs B E Foster), Mr C B W Chapman, Mr A C Coburn, Mr E Fox, Mr P A Fuller, Mrs A Leigh, Mrs M J Miller, Mr V J Morey (deputising for Mrs M A Jarman), Mr  M O Morgan Huws, Mr P A Nightingale, Mr K Pearson, Mrs L E Rogerson, Mr A A Taylor, Mr G Wilson, Mr D T Yates

Apologies :

Mrs B E Foster, Mrs M A Jarman

Also Present:

Mr M J Cunningham, Mr A D Hollands, Mrs B Lawson, Mr G A Nichols,

Mr H Rees, Mrs S A Smart, Mrs J L Wareham

RESOLVED :

THAT the Minutes of the meeting held on 9 June 2000 be confirmed.

26. DECLARATIONS OF INTEREST

Interests were declared in the following matters :

Mrs L E Rogerson declared an interest in Minute 28 (c) (ii) 3 - Caversham, Hooke Hill, Freshwater

Mr M Morgan Huws declared an interest in Minute 28 (c) (ii) 38,39,40 - Spithead Business Centre, Newport

Mr B Abraham declared an interest in Minute 28 (c) (ii) - 17 Site of Orchard Croft, Main Road Wellow, Yarmounth

27. URGENT BUSINESS

The Chairman agreed to consideration of two urgent items of business The first as there was a change in recommendation after consultation with the land owner and the second to consider additional written representations and whether these warranted reconsideration of the application.

(a) G23/U/261/00 - Engineering operation, Right of Way R72, Priory Hotel, off Priory Drive, Seaview

A complaint was received on 13 June 2000 that unauthorised works were being carried out on the bridleway. The track is in private ownership with a public right of way and runs off Priory Drive to the Priory Hotel. Members were informed that the work carried out was 'permitted development' under Town and Country Planning (General Permitted Development) Order 1995. Five verbal complaints were received as well as seven letters (three supporting the work, three objecting to the work and one expressing concern). The changed recommendation reflects that the works have already been carried out and further works planned have now been verbally outlined to the Area Planning Officer by the landowner. It was agreed that a letter be sent to the landowner explaining why the work had been determined as permitted development and the various concerns of local residents.

RESOLVED :

THAT no further action in respect of these works be taken.

(b) TCP/11077V/P538/00 - Four storey block of four flats on land between Prince Consort and Victoria Retirement Hotel, St Thomas Street, Ryde

The application was conditionally approved at the Planning Committee on 30 May subject to no additional comments being received by 9 June 2000. A letter of objection has been received by Ryde Community Forum, as well as a letter endorsed by a petition predominantly from Ryde residents but including only two residents who live in the vicinity of the area, a further letter from the original objector and one other from the sole objector (other than those signing the petition). It was decided that the additional representations did not raise any new points which would warrant reconsideration of the application and as a consequence, the application was approved in accordance with the earlier resolution.

RESOLVED :

THAT the decision made on the 30 May 2000 be adhered to, that is to grant conditional planning permission.

28. REPORT OF THE DIRECTOR OF ENVIRONMENT SERVICES

(a) Reporting Written Representations to the Planning Committee - Procedural Policy

Members received a report from the Director of Environment Services relating to the handling of written representations at Planning Committee. Members were updated on the procedural approach to dealing with written representations under delegated powers. It was stressed that the report would form part of the policy document as well as the basis for a code of practice for Officers employed in the Development Control Section.

RESOLVED :

(i) THAT the report be adopted as procedural policy in terms of the initial handling of written representations by senior staff employed in the Development Control Section including the manner in which written representations raising non-policy matters are dealt with.

(ii) THAT the report be adopted as procedural policy for dealing with written representations received within and outside the statutory period and the manner in which they are presented to Members before and after publication of the relevant report including those where the author requests that the letter be read out at the meeting or reproduced in full in the report.

(iii) THAT the report be adopted as procedural policy for dealing with applicants/agents who request/insist on negotiation prior to the formulation of the report and recommendation.

(iv) THAT the report (as amended) be adopted as procedural policy for dealing with late written representations made, following a decision by the Planning Committee but before the expiry of the statutory advertisement period, be delegated to the Director of Environment Services in consultation with the Chairman of the Planning Committee to determine whether the late representations raise any new points requiring a further report for reconsideration by the Planning Committee.

(v) THAT the report be adopted as procedural policy for dealing with late written representations outside the statutory advertisement period and after the appropriate resolution and issue of the decision notice.

(b) Applications for signage at Multiplex Building, Coppins Bridge

Members deferred a decision regarding signage for the Pizza Hut at a Planning meeting on 18 April 2000 in order to allow overall consideration of signage requirements of individual occupiers of the building. A report was also considered on 30 May 2000 for signage for Staples, Cine World and Pizza Hut but no decision was made as Members were concerned at the number and size of signs proposed and the fact that two further units would require signage in due course. Officers were therefore instructed to negotiate with all known prospective occupiers of the building to seek a more uniform approach. Since the last meeting applications for signage on the Chicago Rock Café and the KFC drive through have been registered. Also a further fire escape is needed on the eastern side of the building and drawings have been submitted with the request that they be dealt with as an amendment to the approved plans.

(i) TCP/A2220 - One illuminated fascia sign, one illuminated frontage sign, menuboard, Pizza Hut Restaurant, Coppins Bridge, Newport

RESOLVED :

THAT the application be approved with additional condition requiring the illuminated signage to be switched off 15 minutes after the restaurant is closed to the public.

(ii) TCP/A2223 Four Illuminated Wall Mounted Signs, Staples, Coppins Bridge, Newport

RESOLVED :

(i) THAT signs 1,2 and 3 as specified in the report be approved with additional conditions requiring the illuminated signage to be switched off 15 minutes after the retail unit is closed to the public and luminance.

(ii) THAT sign 4 as specified in the report be refused (contrary to Officers recommendation) on grounds of size and visual amenity.

(iii) TCP/A/2223A - Three Non-Illuminated Post Mounted Information Signs, Staples, Coppins Bridge, Newport

RESOLVED :

THAT the application be approved.

(iv) TCP/A/2224 - Two Pillar Signs - One Each on St Georges Way Roundabout, and Furrlongs Frontage; Four Illuminated Wall Mounted Signs, Multiplex Site, Coppins Bridge, Newport

The views of the Highway Engineer were reported. The two pillar signs were refused contrary to officers' recommendation as members felt they would be unacceptably prominent, would unnecessarily duplicate signage on the building and would therefore be detrimental to the visual amenities of the area.

RESOLVED

(i) THAT signs 1,2,3 and 4 as specified in the report be approved with additional conditions requiring the illuminated signage to be switched off 15 minutes after the unit to which it refers is closed to the public and luminance.

(ii) THAT the application for the two pillar signs be refused on grounds of detriment to visual amenity.

(v) TCP/A2229 - Six Illuminated fascia signs, one non-illuminated Cupola Roof Sign, Three Illuminated Awnings, One Double Sided Illuminated Pylon Sign, Four Illuminated 'Entrance ' Signs, One Single Sided non-Illuminated post Mounted Sign, Four Double Sided Non-Illuminated Directional Signs And Two Non-Illuminated Car Park Information Signs

RESOLVED :

(i) THAT application respect of illuminated fascia signs no's 1-7 and illuminated lanterns on eastern and northen elevations of the tower, non-illuminated car park disclaimer signs, height restrictor sign, car park directional signs and reflective safely chevrons be approved with additional conditions requiring the illuminated signage to be switched off 15 minutes after the restaurant is closed to the public and level of luminance required and the level of luminance required.

(ii) THAT the application in respect of the non-illuminated striped cupola, the internally illuminated logo signs, three-illuminated awnings with down lighters and illuminated double sized pylon sign be refused for the reasons set out in the report.

(vi) TCP/A/2230 - Two Illuminated Projecting Signs, Three Non-illuminated Wall Mounted Signs and One Illuminated Fascia Sign, Proposed Chicago Rock Café, Multiplex Building, Coppins Bridge, Newport

RESOLVED :

THAT the application be approved with the addition of a condition requiring the illuminated signs to be switched off 15 minutes after the premises close to the public.

(vii) TCP/22098A - Multiplex Building, Coppins Bridge, Newport

RESOLVED :

THAT the additional fire escape proposed as an amendment to the approved plans be accepted.

(c) Schedule of Appeals

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

RESOLVED :

THAT the report be noted.

(d) 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 - 36 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

37. TCP/20396A/P - Retention of hardstanding for parking of agricultural and forestry equipment, retention of pond and of two of separate areas within agricultural field for storage of timber, change of use of existing agricultural building to include storage of equipment associated with timber business (readvertised application), land to the northeast of Rodgebrook Farm, Whitehouse Road, Porchfield, Newport

Members gave consideration as to whether the Local Planning Authority should revise its view regarding the use of the site for the storage of timber in the light of the severe cutting back of the roadside boundary hedge thereby opening the land up to view from the road.

RESOLVED :

THAT the Planning Inspectorate be advised that whilst the Local Planning Authority originally indicated that subject to stringent conditions, it had no objection to the continued use of two separate areas within the agricultural field for the storage of timber, that following the severe cutting back of the roadside boundary hedgerow thereby opening the site to view the Local Planning Authority now wishes to object to the continued use.

41. TCP/21214J - Erection of three 8 metre high light columns and provision of 29 one metre high bollards to illuminate main vehicular and pedestrian routes, at Nodes Point Holiday Park, St Helens, Ryde

Members considered two additional representations that had been received after the matter had been considered at the Planning Committee meeting on 30 May 2000.

RESOLVED :

THAT the original decision to allow the proposed development be adhered to .

42. TCP/7029F - 203 houses, garages, parking areas and associated access roads, including link road between Mountbatten Drive and Sylvan Drive, abutting Sylvan Drive and Kitbridge Road, Mountbatten Drive, Newport

Members were updated in relation to the financial contributions by the developer towards future maintenance and adoption of open space, provision of some play equipment, provision of traffic calming measures in Sylvan Drive and Mountbatten Drive and improvements to the surface of Petticoat Lane.

RESOLVED :

(i) THAT the withdrawal of the offer of £2,000 for children's play equipment, £2,000 of traffic calming measures in Sylvan Drive and Mountbatten Drive, and £2,000 for improvements to Petticoat Lane west of Sylvan Drive be noted.

(ii) THAT the offer of a one-off payment of £20,000 as a commuted sum for off site traffic calming works in Sylvan Drive and Mountbatten Drive be accepted in addition to the one off commuted sum payment for future maintenance of the on site public open space of £20,235

43. TCP/2584R - Alterations, including extension at first floor level and conversion of nightclub to form seven dwellings, Barneys, Military Road, Brighstone

This application was deferred from the Planning Committee meeting on the 18 April at the applicants request. Members received an updated report incorporating additional information. Isle of Wight Tourism objected to the application to convert the site to residential use as the site in in an AONB. The views of the Principal Estates Surveyor were also received.

RESOLVED :

THAT the application be refused for the reasons set out in the Report.

29. LOCAL GOVERNMENT REPORT ON INVESTIGATION INTO COMPLAINTS AGAINST THE FORMER SOUTH WIGHT BOROUGH COUNCIL AND THE ISLE OF WIGHT COUNCIL INTO PLANNING RELATED MATTERS IN CONNECTION WITH PREMISES KNOWN AS 'THE NOOK', HAMSTEAD ROAD, CRANMORE

Members considered the second report on the findings of the Local Government Ombudsman in connection with two separate complaints made by residents in connection with a site known as "Fairhaven", off Hamstead Road, Cranmore. Members were informed by an earlier report that the Ombudsman had found the Isle of Wight Council guilty of maladministration and had recommended that the Council make an ex gratia payment of £500. The Committee had resolved to challenge the findings and write to the Ombudsman explaining their reasons for concern. The Legal Services Manager had now received a reply from the Ombudsman and Members were required to decide on an appropriate course of action. The Planning Officer advised that whilst not in full agreement with the Ombudsman's findings, to continue to challenge them would be likely to be a long drawn out and ultimately unsuccessful procedure and that in the circumstances it would be appropriate to make the recommended payment and close the matter.

RESOLVED :

THAT the Council accept the finding of maladministration with injustice in respect of two of the complainants and make an ex gratia payment of £500 to the complainants for their anxiety and their time and trouble in pursuing their complaint.

30. MEMBERS' QUESTION TIME

Mr Morgan Huws asked a question relating to the current situation at Brading Marsh and whether it was the responsibility of English Nature or the Environment Agency. It was agreed the Director of Environment Services would provide a written response a copy of which would be sent to all Members.

Mr Morgan Huws asked a second question regarding public speaking at Planning Committee meetings. Advice was given by the Development Control Manager and the Director of Environment Services indicating that research and investigation, which would include a review on the present delegated system as well as other matters, would be required before a report could be given on public speaking.

CHAIRMAN