Agenda item

Report of the Strategic Manager for Planning and Infrastructure

Planning applications and related matters.

Minutes:

Consideration was given to items 1 - 3 of the report of the Strategic Manager for Planning and Infrastructure Delivery.

 

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

 

Application:

20/01061/FUL

Details:

Demolition of agricultural buildings and the garage to No 125 Marlborough Road; Proposed development consisting of 473 new dwellings (single and two storey dwellings (inclusive of 35% affordable housing) and inclusive of the conversion of the Coach House into pair of semi-detached dwellings; (leading to a net gain of 472 dwellings), single storey café and two storey doctors surgery and B1 office space with associated site infrastructure (inclusive of roads, parking,

photovoltaic pergolas, garages, bin and bikes stores, below ground foul waste pump, electric substations, surface water detention basins and swales, landscape and ecological mitigations and net biodiversity enhancements); Proposed vehicular accesses off Bullen Road and Appley Road; Proposed public open spaces, Suitable Alternative Natural Greenspace and Allotments; Proposed three public rights of way; Proposed access, parking and turning for No 125 Marlborough Road and associated highways improvements (Revised plans, revised drainage strategy and flood risk, additional highway technical note and updated appendix S to highway chapter of environmental statement)(readvertised application)

 

Land South of Appley Road North of Bullen Road and East of Hope Road (West Acre Park), Ryde, Isle of Wight.

 

Site Visits:

The site visit was carried out on Friday, 17 March 2023.

Additional Representations:

An additional letter of representation had been received by the Local Planning Authority since the report had been published which was summarised in the update paper.

Comment:

The Committee questioned if officers could clarify what they were considering as part of the application, the Legal Officer advised that the Committee were considering the application in its entirety and all decision options were available to them regarding the application.

A proposal to defer the application in light of the advice given and discussion taken place at the meeting was made and duly seconded

 

A named vote was requested the result of which was:

 

For (8)

Cllrs D Andre, G Brodie, C Critchison, C Jarman, M Lilley, C Quirk, P Spink, N Stuart

 

Against (2)

Cllrs V Churchman, M Oliver

Decision:

RESOLVED:

 

THAT the item be deferred.

 

 

Cllrs W Drew and J Medland returned to the room, Cllr J Medland took the Chair for the remaining items on the agenda.

Application:

22/02168/FUL

Details:

Remedial work to existing buildings to include internal and external changes, altered fenestration, roof glazing, demolition of outbuildings, storage areas/lean-to shed; new single storey extension; landscaping works, to include reconfigured parking layout, new steps, ramps and handrails, and replacement access barrier; change of use of barracks building for training/education and residential boarding accommodation, and use of guardhouse as a store (revised description) (re-advertised application)

 

Victoria Barracks, Albany Road, East Cowes.

 

Site Visits:

The site visit was carried out on Friday, 17 March 2023.

Public Participants:

Mr C Palin – on behalf of East Cowes Town Council

Councillor J Jones-Evans – as Cabinet Member for Levelling up, Regeneration, Business Development and Tourism

Additional Representations:

Further discussions had taken place with the agent for the applications regarding pre-commencement conditions, updated conditions were proposed.

Comment:

The Committee raised concerns regarding the rear of the building and asked what changes were proposed, they were advised that the floor level would be raised to stop any potential flooding therefore the height of the roof could not be reduced, the widows at the back would also be replaced and the number of glazing bars would be reduced.

Decision:

The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under the paragraph entitled Justification for Recommendation of the report and

 

RESOLVED:

THAT the application be approved

Updated Conditions:

  1. The development hereby permitted shall be begun before the expiration of 3 years from date of this permission.

 

Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

 

2.    Except where varied by details approved in accordance with other conditions of this permission, the development hereby permitted shall only be carried out in accordance with the details shown on the submitted plans, numbered:

 

0001 Planning – Location Plan and Proposed Site Development Plan

0005 Planning – Proposed GA Ground Floor and Site Plan

0006 Planning – Proposed GA First Floor Plan

0007 Planning – Proposed GA Elevations

0008 Planning – Proposed GA Sections

0009 Planning – Proposed Guardhouse Plans, GA Elevations and Sections

0500 P1 External Landscaping Plan

 

Reason: For the avoidance of doubt and to ensure the satisfactory implementation of the development in accordance with the aims of policy DM2 (Design Quality for New Development) of the Island Plan Core Strategy.

 

  1. Prior to commencement of the development, the applicant/developer shall afford access to the staff of the County Archaeology and Historic Environment Service, and shall enable them to record the barracks, guardhouse, and associated features.

 

Notification of commencement of development, and information as to whom the archaeologist should contact on site, shall be given in writing to the address below not less than 14 days before the commencement of any works:-

 

Isle of Wight County Archaeology and Historic Environment Service

Westridge Centre

Brading Road

Ryde

Isle of Wight

PO33 1QS

 

Reason: This a pre-commencement condition to mitigate the effect of the works associated with the development upon any heritage assets and to ensure that information regarding these heritage assets prior to the works being carried out would be preserved by record in accordance with policy DM11 (Historic and Built Environment) of the Island Plan Core Strategy and the National Planning Policy Framework.

 

4.    Notwithstanding the submitted details, no development shall take place until an Arboreal Method Statement (AMS) has been submitted to and approved in writing by the Local Planning Authority detailing how the potential impact to the trees would be minimised during construction works. The submitted AMS shall incorporate the measures set out in the submitted East Cowes Barracks: Method Statement, and the submitted External Landscaping Plan, drawing number 0500 P1, unless otherwise agreed in writing with the Local Planning Authority, and include details of protective tree fencing to be installed for the duration of construction works. The agreed method statement (AMS) will then be adhered to throughout the development of the site.

               

Reason: This is a pre-commencement condition to prevent damage to trees during construction and to ensure that the high amenity tree(s) to be retained would be adequately protected from damage to health and stability throughout the construction period in the interests of the amenities, character and appearance of the East Cowes (Esplanade) Conservation Area, and to comply with the aims of policies DM2 (Design Quality for New Development) and DM11 (Historic and Built Environment) of the Island Plan Core Strategy, the National Planning Policy Framework, and to reflect the requirements of Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended).

 

5.    Development (other than demolition and remedial works to the existing buildings hereby permitted) shall not begin until a scheme for the drainage and disposal of surface and foul water from the development hereby permitted has been submitted to and approved in writing by the Local Planning Authority. Foul drainage shall be connected to the public sewer served by Southern Water’s Wastewater Treatment Works at Sandown. Development shall be carried out in accordance with the approved scheme, and the approved drainage works completed prior to the building(s) being brought into use. 

 

Reason: To ensure that the site would be suitably drained, to protect water quality, and prevent harmful impacts on Habitats (SPA/SAC) Sites within the Solent Catchment, to reduce flood risks, and to comply with policies SP5 (Environment), DM2 (Design Quality for New Development), DM12 (Landscape, Seascape, Biodiversity and Geodiversity) and DM14 (Flood Risk) of the Island Plan Core Strategy.

 

  1. Development (other than demolition and remedial works to the existing buildings hereby permitted) shall not begin until there has been submitted to and approved in writing by the Local Planning Authority parts a) and b) below. Parts c) and d) shall be required as necessary.

 

a)       a desk-top study documenting all previous and existing land uses of the site and adjacent land in accordance with national guidance as set out in Land Contamination Risk Management (LCRM) Guidance and BS10175:2011+A2:2017,and which also considers UXO risk; and, unless otherwise agreed in writing by the Local Planning Authority,

b)    a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as appropriate by the desk-top study in accordance with BS10175: 2011+A2:2017 – “Investigation of Potentially Contaminated Sites – Code of Practice”; and, unless otherwise agreed in writing by the Local Planning Authority,

c)    a remediation scheme to deal with any contaminant including an implementation timetable, monitoring proposals and a remediation verification methodology.  The verification methodology shall include a sampling and analysis programme to confirm the adequacy of decontamination and an appropriately qualified person shall oversee the implementation of all remediation;

d)    The investigator shall provide a report, which shall include confirmation that all remediation measures have been carried out fully in accordance with the scheme.  The report shall also include results of the verification programme of post-remediation sampling and monitoring in order to demonstrate that the required remediation has been carried out.

 

Development (other than demolition and remedial works to the existing buildings) shall not begin until such time as is approved in writing by the Local Planning Authority.

 

If, during development, any areas of contamination are found to be present at the site then, unless otherwise agreed in writing with the Local Planning Authority, no further development shall be carried out until a remediation strategy detailing how this contamination would be dealt with has been submitted to and approved in writing by the Local Authority.

 

Reason: To protect the environment, prevent harm to human health, and ensure the site would be suitable for the use hereby permitted by ensuring that, where necessary, the land would be remediated to an appropriate standard in accordance with the aims of policy DM2 (Design Quality for New Development) of the Island Plan Core Strategy, the National Planning Policy Framework, and Part 2A of the Environmental Protection Act 1990.

 

7.    All works to the buildings hereby permitted shall be undertaken outside of the bird nesting season (01 March to 31 August), unless supervised by a suitably qualified ecologist, and timing of works shall be in accordance with 6.2.1 of the Preliminary Ecological Appraisal (Arc Consulting Isle of Wight Ltd, dated 20 July 2022).

 

Reason: To avoid disturbance/harm to wildlife, including protected species, and damage to their nests in accordance with the aims of policies DM2 (Design Quality for New Development) and DM12 (Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core Strategy and the National Planning Policy Framework.

 

8.    No construction work shall proceed above foundation level until details of flood resilient measures to be incorporated into the development have been submitted to and approved in writing by the Local Planning Authority. Submitted details shall have regard to the measures set out in section 7 of the submitted Flood Risk Assessment (dated 15 November 2022). Development shall be carried out in accordance with the approved details.

 

Reason: To reduce flood risks to the development and surrounding land in accordance with the aims of policies DM2 (Design Quality for New Development) and DM14 (Flood Risk) of the Island Plan Core Strategy and the National Planning Policy Framework.

 

9.    Notwithstanding the submitted plans/details, construction of the extension hereby permitted shall not proceed above foundation level until the details of the materials and finishes (including colour) to be used in the construction of the external surfaces of the extension have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

Reason: To ensure the character and appearance of the locally listed buildings, and the character and appearance of the East Cowes (Esplanade) Conservation Area would be preserved and enhanced in accordance with the aims of policies DM2 (Design Quality for New Development) and DM11 (Historic and Built Environment) of the Island Plan Core Strategy, the National Planning Policy Framework, and to reflect the requirements of Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended).

 

10.The materials to be used in any exterior work to the existing buildings hereby permitted shall match the materials used in the construction of the exterior of the buildings, unless otherwise approved in writing by the Local Planning Authority.

 

Reason: To ensure the character and appearance of the locally listed buildings, and the character and appearance of the East Cowes (Esplanade) Conservation Area would be preserved and enhanced in accordance with the aims of policies DM2 (Design Quality for New Development) and DM11 (Historic and Built Environment) of the Island Plan Core Strategy, the National Planning Policy Framework, and to reflect the requirements of Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended).

 

11.No new or replacement window, roof glazing, or external door shall be installed until details of new/replacement windows, roof glazing and external doors to be installed have been submitted to and approved in writing by the Local Planning Authority. Submitted details shall include specifications detailing the size and proportions of the units to be installed, details of the glazing, materials, finishes and colour. Development shall be carried out in accordance with the approved details.

 

Reason: To ensure the character and appearance of the locally listed buildings, and the character and appearance of the East Cowes (Esplanade) Conservation Area would be preserved and enhanced in accordance with the aims of policies DM2 (Design Quality for New Development) and DM11 (Historic and Built Environment) of the Island Plan Core Strategy, the National Planning Policy Framework, and to reflect the requirements of Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended).

 

12.Any roof underlining used in the development hereby permitted shall include bitumen roofing felt only, and not breathable roofing membranes.

 

Reason: To prevent harm to protected bat species in accordance with the aims of policies DM2 (Design Quality for New Development) and DM12 (Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core Strategy.

 

13.Notwithstanding the submitted plans, no landscaping works hereby permitted, including hard surfacing, means of enclosure/boundary treatments, or construction of the access ramps/steps, shall begin and the buildings shall not be brought into use until the following details have been submitted to and approved in writing by the Local Planning Authority:

·       Hard surfacing materials

·       Means of enclosure and boundary treatments – including any barrier to be erected at the Albany Road vehicular access

·       Finished levels

·       Access ramp/steps and guardrail height, design, and appearance (including materials, finishes and colour)

·       Recycling and refuse storage facilities

·       Timetable for the carrying out and completion of the landscaping works

 

Submitted details shall have regard to sections 7 and 8 of the submitted Flood Risk Assessment (dated 15 November 2022), as well as the Council’s Guidelines for Recycling and Refuse Storage in New Developments Supplementary Planning Document.

 

Development shall be carried out in accordance with the approved details and timetable, and the agreed recycling and refuse storage facilities shall be provided prior to the buildings being brought into use and thereafter maintained and retained in accordance with the approved details.

 

Reason: To ensure the character and appearance and setting of the locally listed buildings, and the character and appearance of the East Cowes (Esplanade) Conservation Area would be preserved and enhanced in accordance with the aims of policies DM2 (Design Quality for New Development) and DM11 (Historic and Built Environment) of the Island Plan Core Strategy, the National Planning Policy Framework, and to reflect the requirements of Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended).

 

14.Prior to occupation of the barracks building bat and bird boxes shall be installed within the building/site in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. The boxes shall be installed in accordance with the approved details before the barracks building is brought into use.

 

Reason: To ensure ecology and biodiversity would be enhanced in accordance with the aims of policies DM2 (Design Quality for New Development) and DM12 (Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core Strategy and the National Planning Policy Framework.

 

15.Prior to the buildings being brought into use, details of the refurbishment of the existing boundary railings, and a timetable for completion of these works, shall be submitted to and approved in writing by the Local Planning Authority. Refurbishment of the boundary railings shall be carried out and completed in accordance with the agreed details and timetable.

 

Reason: To ensure the setting of the locally listed buildings, and the character and appearance of the East Cowes (Esplanade) Conservation Area would be preserved and enhanced in accordance with the aims of policies DM2 (Design Quality for New Development) and DM11 (Historic and Built Environment) of the Island Plan Core Strategy, the National Planning Policy Framework, and to reflect the requirements of Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended).

 

16.The use hereby permitted shall not begin until space has been laid out within the site in accordance with drawing number 0005, and the details agreed in accordance with condition 14, for vehicles to park and turn within the site so they may enter and leave in forward gear. Thereafter this space shall not be used for any purpose other than that approved in accordance with this condition.

 

Reason: To ensure an adequate level of on-site parking would be provided to serve the development, in the interests of highway safety, and to comply with the aims of policies DM2 (Design Quality for New Development) and DM17 (Sustainable Travel) of the Island Plan Core Strategy.

 

17.Prior to commencement of the use hereby permitted a parking management and travel plan for the site, including measures to discourage travel to the site by motor vehicles and promote more sustainable modes of transport, shall be submitted to and approved in writing by the Local Planning Authority. The agreed parking management and travel plan shall be implemented and adhered to for the duration of the use hereby permitted.

 

Reason: In the interests of highway safety and to promote sustainable travel in accordance with the aims of policies DM2 (Design Quality for New Development) and DM17 (Sustainable Travel) of the Island Plan Core Strategy.

 

18.The use hereby permitted shall not begin until a Flood Warning and Evacuation Plan for the site has been submitted to and approved in writing by the Local Planning Authority. The submitted plan shall have regard to the Council’s most up?to-date version of its Flood Warning and Evacuation Plan guidance. The approved plan shall be implemented and adhered to for the duration of the use hereby permitted.

 

Reason: To ensure residual flood risks would be appropriately managed and that the development would be safe for all users through its lifetime in accordance with the aims of policies DM2 (Design Quality for New Development) and DM14 (Flood Risk) of the Island Plan Core Strategy and the National Planning Policy Framework.

 

19.Prior to the barracks building being brought into use, the building finished floor level on the ground floor where it provides for overnight (sleeping) accommodation and/or means of escape from the building to Maresfield Road shall be raised so that it is no lower than 4.10 metres above Ordnance Datum (AOD) in accordance with section 5.8 and 7 of the submitted Flood Risk Assessment (dated 15 November 2022). Thereafter, the finished floor level of the ground floor of the building where it provides for overnight (sleeping accommodation) and/or means of escape to Maresfield Road shall not at any time be lower than 4.10 metres AOD.

 

Reason: To reduce flood risks and ensure that the development would be safe for all users through its lifetime in accordance with the aims of policies DM2 (Design Quality for New Development) and DM14 (Flood Risk) of the Island Plan Core Strategy and the National Planning Policy Framework.

 

20.The use hereby permitted shall not begin until an SPA Code of Conduct has been submitted to and approved in writing by the Local Planning Authority. The submitted code shall set out measures to mitigate for the potential effects of the use of the site, including offsite activities associated with that use, on the Solent and Dorset Coast SPA and the Solent and Southampton Water SPA. The agreed Code of Conduct shall be implemented and adhered to for the duration of the use hereby permitted.

 

Reason: To mitigate for potential impacts to the Solent and Dorset Coast and Solent and Southampton Water SPAs from activities associated with the use of the site hereby permitted, and to ensure the SPA would be protected and conserved in accordance with the aims of policy DM12 (Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core Strategy, the National Planning Policy Framework, and the requirements of Regulation 63 of The Conservation of Habitats and Species Regulations 2017 (as amended).

 

21.No exterior lighting shall be installed within the site as part of the development hereby permitted, except where it has been installed in accordance with an exterior lighting scheme that has been submitted to and approved in writing by the Local Planning Authority. Any submitted scheme shall include details of the location, orientation, size, height, design, and appearance of any lighting units, as well as the light temperature of the units, and shall have regard to the recommendations contained within section 6.2.2 of the submitted Preliminary Ecological Appraisal (Arc Consulting Isle of Wight Ltd, dated 20 July 2022).

 

Reason: To ensure any lighting would be designed and installed to minimise its effect on wildlife and the surrounding area in accordance with the aims of policies DM2 (Design Quality for New Development) and DM12 (Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core Strategy.

 

Prior to the start of the application, concern was raised that there was not sufficient time left of the meeting for the Planning Committee to hear the application and make a decision without it being rushed through. The Planning Committee was advised that the meeting commenced at 4pm and was scheduled to last for three hours, the Council’s Constitution allowed for a meeting to be extended by up to an hour subject to a majority of Councillors voting for the extension.

 

Application:

20/02159/ARM

Details:

Reserved Matters Application relating to P/01456/14:

904 residential units, school; community centre; commercial buildings; relocation of Westridge Garage; community energy centre; sports building and changing rooms; structural landscaping; play areas and associated highway improvements (readvertised application)

 

Land Known as Pennyfeathers Land to the South of Smallbrook Lane and to the West of, Brading Road, Ryde.

 

Site Visits:

The site visit was carried out on Friday, 17 March 2023.

Public Participants:

Mrs J Wade – Objector

Mr Simon Cooke – on behalf of Ryde Town Council

Mr G Hepburn – Agent

Additional Representations:

Island Roads had submitted final comments stating that they had no objection to the application, and updated conditions had been proposed.

Comment:

Councillor Warren Drew spoke as Local Councillor for this item.

 

Prior to the three-hour point in the meeting, a proposal to extend the meeting until 8pm (to allow sufficient time for the remaining agenda items to be considered) under Part 4B(6) (Duration of meetings) of the Council’s Constitution.

 

A vote was taken, of which the results were equal, the Chairman used his casting vote and

 

RESOLVED: THAT the meeting be extended up to 8pm.

 

The Committee questioned the amount of affordable housing being made available and if these properties could be made available to Island residents, if the modelling infrastructure was valid as traffic movements were significantly different now, they also questioned the solar gain and number of charging points being incorporated into the proposed development. Planning Officers advised that the legal agreement in place had set out the level of affordable housing as part of the outline, the modelling infrastructure provided when the outline application was submitted continued to be valid as it showed the impact on the road network once the development had been completed. Charging points and solar gain had not been included as this could be controlled under the building regulation standards.

 

Concern was raised regarding the impact on Monkton Brook, the Committee were advised that attenuation ponds were proposed with hydro-brakes to control the speed of the flow rate and it was believed that these were adequate to reduce the impact, an informative had been proposed for works to be undertaken to clear the channel of the Monkton Brook although this could be included as a condition to ensure that it was undertaken and maintained.

 

There was some discussion regarding the proposed energy centre, officers informed the Committee that the requirement of the energy centre was based on a stipulation in the Island Core Strategy and secured as part of the legal agreement, therefore it had to be provided as part of the scheme, there may be a requirement to adapt this in the future due to governments climate strategy.

 

The Committee questioned the comments made by the Crime prevention Design Advisor they were advised that officers were confirmed that these were considered in the layout, but were concerned with the height of some fences and believed that this could be controlled with the right boundary landscaping, lighting of the site would be controlled so it was appropriate and open spaces would have natural surveillance as far as practicable for their size

 

Concerns were raised in respect of the financial strength of the landowners/developers to undertaken all of the required provisions. Legal advised that due diligence had been undertaken when producing the section 106 agreement with all landowners.

 

The Council’s constitution Part 4B, Procedure Rules Governing how Full Council, Cabinet, Committees, Sub-Committees and Boards operate (Duration of Meetings) The Committee had extended the meeting for an hour and asked what would happen following this time, t was suggested that the matter would need to be concluded at a later date.

 

Concern was raised that there would be six weeks before the next Planning Committee meeting and they were advised that an option could be to look at the corporate diary and reconvene in advance of the next meeting of the Planning Committee.

 

It was proposed that an additional meeting was arranged to continue the discussion and debate on this item only, which was duly seconded. A vote was taken the result of which was:

 

RESOLVED:

THAT an additional meeting of the Planning Committee would be arranged to continue the consideration of the application.

 

 

 

Supporting documents: