SCHEDULE of PLANNING APPEALS As at 30 December 2008

PAPER C

SCHEDULE OF PLANNING APPEALS as at 31 October 2010 (Q3 10/11)

Ref Appellant Type Details/site Appeal Procedure/ Appeal Overall Start Date date of H/I decision duration (if known) and of appeal date (in weeks)

ON-GOING APPEALS P/01319/09 Mr J Ball R Detached house with vehicular access 20 Jan 10 WR off Steyne Road; associated landscaping to include retaining walls and hardstanding – land rear of Hilarion, Somerset Road, Seaview

P/01083/08 Mr Rae R Demolition of hotel; residential 04 Feb 10 WR DISMISSED 34+ Bowdery development comprising 3 storey block 04 Oct 10 of 11 flats & 3 maisonettes to include accommodation within roofspace; associated parking & landscaping – Curraghmore Hotel, 22 Hope Road, Shanklin

E/19324/C Mr J Kohn E Material change of use from residential 07 April 10 H DISMISSED 26+ to mixed use of residential, 07 Oct 10 B&B/Boarding house and private members club – Casati House, 4 West Street, Ryde

P00847/09 Mr G Brown R Demolition of garage; detached house 08 March 10 WR ALLOWED 31+ with parking; alterations to vehicular 14 Oct 10 access (revised plan) – land adjacent 9, and rear of 1-9 Cambridge Road, East Cowes

1 P/00910/09 Mr G Collins R Demolition of building; construction of 12 March 10 WR detached building to provide swimming pool, gym & sauna; 11 holiday cottages; parking; tennis court; bin store & cycle parking (revised plans)(readvertised application) – The Brambles Centre, Monks Lane, Freshwater

P/01847/09 Mr Hau RA Retention of 1 x illuminated projecting 12 March 10 WR sign; 1 x illuminated main fascia sign and 4 x smaller illuminated fascia signs – Ming Garden, 38-39 St James Street, Newport

P/01241/09 Ms M Perrott R Removal of condition 4 on 19 March 10 WR DISMISSED 28+ TCPL/14933/G & LBC/14933/H to allow 06 Oct 10 the dwelling to be occupied separately from Yard Farm – The Cart House, Yard Farm, St Johns Road, Wroxall

P/00021/09 Cornwall Light R Three wind turbine generators with hub 30 March 10 I & Power Ltd height of 80m & rotor diameter of 90m (tip height 125m); control building, access tracks, underground electrical cables & temporary construction compound – Cheverton Farm, Cheverton Down, Cheverton Shute, Shorwell

P/01332/09 Rotapoint Ltd R Alteration, conversion and extension of 30 March 10 WR Long Barn as unit of living accommodation (revised scheme) – Longlands Farm, Sandown Road, Bembridge

P/01333/09 Rotapoint Ltd RL LBC for alteration, conversion and 30 March 10 WR extension of Long Barn as unit of living accommodation (revised scheme) –

2 Longlands Farm, Sandown Road, Bembridge

P/01464/09 Mr A Gibbs R Demolition of dwelling; construction of 01 April 10 WR ALLOWED 27+ two detached dwellings with parking – 11 Oct 10 Copperfields, Youngwoods Way, Alverstone Garden Village

P/01105/09 The Caravan Refusal to Proposed amendment to planning 06 April 10 WR INVALID Club accept an permission P/01105/09 for Alterations to amend- internal layout of toilet block and ment as provision of disabled access ramp; non- extension of existing roadways within material site to provide circulatory network; provision of wardens pod and associated fencing - Southland Caravan Park, Winford Road, Newchurch

E/23333/B Mr & Mrs Morris E The erection of railings and screening to 14 April 10 I create a first floor balcony on the rear elevation of the property – 2b Coronation Avenue, Cowes

P/01894/09 Mr & Mrs Nigh R Demolition of dwelling and outbuilding; 14 April 10 WR proposed replacement detached house with integral garage; alterations to vehicular – Culverthorpe, Skinners Hill, Newchurch

P/01784/09 Mr J Hart R Demolition of workshop buildings; 26 April 10 WR ALLOWED 23+ residential development of two detached 07 Oct 10 houses and a pair of semi-detached houses with parking and new access drive off Main Road; closure of existing access; proposed footpath (revised scheme) – Land adjacent Sans Souci, Main Road, Havenstreet

3 P/01007/09 Tollgate (IW) RLDC Lawful Development Certificate for 21 April 10 WR Ltd proposed use of holiday bungalows for permanent residential purposes all year round (No’s 1-4 & 6-28) – Tollgate Holiday Bungalows, Duver Road, Seaview

P/00961/09 Weaver Bros R Demolition of part of building & house; 21 April 10 WR ALLOWED Ltd 1987 refurbishment of existing shop to include 13 Oct 10 Pension Fund extensions forming light industrial units, staff rooms & w.c; construction of detached block of 4 light industrial units & w.c; parking, (revised scheme) – Co- op Stores, 155 Mill Hill Road, Cowes

P/00043/10 Mr M Pittard R Two storey extension to form three 20 April 10 WR DISMISSED 25 holiday units to include roofspace 12 Oct 10 accommodation; parking – Old School House, Church Road, Shanklin

P00979/09 Mr G Lewis R Outline for four detached dwellings and 15 April 10 WR DISMISSED 25+ alterations to vehicular access (revised 08 Oct 10 scheme) - 27 Pondwell Close, Ryde

P/01673/09 Mr M Pittard R Removal of condition 2 on P/01660/06 28 April 10 WR ALLOWED 25 which states that the holiday units shall 20 Oct 10 be limited to holiday use and shall not be used as permanent or main residences – 22 Church Road, Shanklin

P/01324/09 NB Holdings Ltd R Proposed detached dwelling to include 26 April 10 WR DISMISSED 24+ roofsp[ace accommodation & integral 15 Oct 10 garage; dormer windows on front elevation; vehicular access (revised scheme) – land adjacent 28 High Park Road, Ryde

P/00002/10 Mr & Mrs D RLDC LDC for continued use of property as 16 June 10 I

4 Woodmore residential – Buttercup Barn, Palmers Road, Wootton Bridge

E/22278/F Mr L Sixsmith E Material change of use of the land to 25 May 10 WR motor vehicle sales by the display of cars on the land and the installation of a mobile home and decking - Safeway Vehicle sales on Land adjacent Merrie Gardens Farm, Newport Road, Lake

P/01455/09 Mr & Mrs R Conversion & extension of garage/store 19 May 10 WR Twining to form bungalow (revised scheme) – Garage/store adjoining Trumartin, Woolverton Road, Ventnor

P/00230/10 Tristmire Ltd R Partial demolition of former bakery; 19 May 10 WR DISMISSED 20 single/2-storey extension and 06 Oct 10 conversion of building to form residential unit – Erics Bakery, 10 Clarendon Street, Newport

P/00370/10 Weaver Bros. R Conversion & extension of garage/store 26 May 10 WR Ltd and office to create 2 residential units (revised scheme) – 9 Weavers Yard, Lane End Road, Bembridge

P/00327/10 Mr W R Demolition of fire damaged property; 08 June 10 WR ALLOWED 16+ Hetherington replacement detached dwelling; re- 11 Oct 10 roofing & cladding to detached garage – Stumps, Wellwood Glade, Ryde

P/00270/10 Mr J Timmons R Proposed terrace of three houses with 25 June 10 WR parking; vehicular access from St David’s Road – land adjacent 74 – 82 St David’s Road, rear of 113 – 121 and between 111 and 113 Adelaide Grove, East Cowes

5 P/00492/10 Mr E Wright R Demolition of three garages; outline for 19 July 10 WR 3-storey block of 6 flats with parking and use of existing 5 garages (revised scheme) – land adjacent Orchardleigh Car Park, Orchardleigh Road, Shanklin (rear of 53 High Street)

P/00890/09 Rotapoint Ltd R Demolition of building; three/four storey 21 July 10 WR block of 4 town houses with ground floor parking; vehicular access (further revised scheme)(readvertised application) – Beachlands, Esplanade, Ventnor

P/01939/09 Mr A Williams – R Demolition of dwelling; proposed 19 July 10 WR FW construction of two pairs of semi- Developments detached houses with parking; vehicular access off Albany Road and Worsley Road (revised scheme) – land at and rear of 896 Albany Road, Newport

P/00597/10 Mr A Tickner R Proposed detached house with integral 18 Aug 10 WR garage and vehicular access off Worsley Road – land to rear of 108 Albany Road, Newport

P/00490/10 Mr A Gill R Demolition of single storey rear 24 Aug 10 HAS ALLOWED 8 extension; alterations; construction of 05 Oct 10 single storey rear extension to form kitchen/family room – 8 Osborn Road, East Cowes

P/01442/09 Mr J Kerr R Demolition of garage; residential 02 Sept 10 WR development of 5 houses in courtyard complex with parking and access off Mill Hill Road (revised scheme) – land at and rear of 46 Mill Hill Road, Cowes

6 P/00938/10 Mrs K Sowerby R Replacement of planning permission WR (P01241/07 – TCP/28442: demolition of garage & porch; construction of 2 storey end of terrace dwelling; vehicular access) in order to extend the time limit for implementation – land at 66 Nodes Road, Cowes

P/00038/10 Queens Mews R Demolition of garage; proposed pair of 14 Sept 10 WR (Ryde) Ltd semi-detacdhed houses with parking; vehicular access (revised scheme) (revised plans) – land adjacent Queens Keep, East Hill Road, Ryde,

P/00417/10 Redwood R Proposed detached house; vehicular 15 Sept 10 WR Developments access – site at 41 & 43 Mayfield Road, Ltd Ryde

P/00418/10 Redwood R Proposed pair of semi-detached 15 Sept 10 WR Developments houses; vehicular access – site at 41 & Ltd 43 Mayfield Road, Ryde

P/00640/10 Mrs N Cutting R Demolition of outbuildings; replacement 05 Oct 10 HAS outbuilding to form garage & utility room with store and games room over – Knighton Farm Cottage, Knighton Shute, Newchurch

P/00748/10 Mr C Prew R Continued use of house in multiple 22 Sept 10 H occupation – 38 Station Avenue, Sandown

P/00749/10 Mr C Prew R Continued use of house in multiple 22 Sept 10 H occupation – 9 Carter Street, Sandown

P/00411/10 Mr L Thorne RLDC Proposed single storey rear extension – 29 Sept 10 WR Beach Cottage, Castlehaven Lane, Niton

P/00717/09 Mrs P Cotton Proposed detached dwelling with 22 Sept 10 WR integral garage; vehicular access (revised scheme) – land adjacent 40 Buckland Gardens, Ryde P/00969/10 Mr S Painting R Proposed detached bungalow; vehicular 23 Sept 10 WR access – land between 17 & 19 Yaveland Close, Sandown

P/00799/10 Mr J Smith R Demolition of single storey extension 22 Sept 10 HAS and conservatory; alterations; two storey extension with single storey element to provide additional living accommodation; dormer windows on north and south elevations; roof canopy/log store on north elevation— Stoneshells Nursery, Bathingbourne Lane, Sandown

P/00779/09 Waterside ND Demolition of bar construction of 3/4 08 Oct 10 WR Cowes Ltd storey building with retail on ground floor and 6 flats over to include accommodation within roofspace (as approved by P/00674/07 TCP/00905/J) proposed 2 town houses arranged over 3 storeys to the rear (revised scheme)(revised description)(revised plans/supplementary information)(further readvertised application) – 72a High Street, Cowes

P/00779/09 Waterside ND Conservation area consent for 08 Oct 10 WR Cowes Ltd demolition of bar construction of 3/4 storey building with retail on ground floor and 6 flats over to include accommodation within roofspace (as approved by P/00674/07 TCP/00905/J) proposed 2 town houses arranged over

8 3 storeys to the rear (revised scheme)(revised description)(revised plans/supplementary information)(further readvertised application) – 72a High Street, Cowes

E/17926/T Mr C Prew E Alleged material change of use from a 22 Sept 10 H hotel to a large house in multiple Awaiting occupation – 36 Atherley Road, validation Shanklin

E/17926/T Mr C Prew E Allegation of unauthorised siting of 3 22 Sept 10 H residential mobile homes together with Awaiting associated services – 36 Atherley Road, validation Shanklin

E/27582/B Mr C Prew E Alleged material change of use from a 20 Sept 10 H hotel to a large house in multiple Awaiting occupation and permanent residential – validation 8 Leed Street, Sandown

P/00263/10 Mr C Taylor R Demolition of 4 accommodation blocks 23 Sept 10 WR and 1 lounge block; retention of 3 new detached blocks comprising 2 accommodation blocks and 1 teachers lounge; landscaping and associated fencing – Kingswood centre, Hillway Road, Bembridge

P/00580/10 Mr A Schrimer R Demolition of dwelling; proposed par of 28 Sept 10 WR & Mr D Rance 3-storey semi-detached houses; vehicular access and parking; bridged pedestrian link to Shore Road (revised scheme) – 13 Shore Road, Cowes

P/00610/10 Mr & Mrs R Conversion and extension of coach 29 Sept 10 WR Turner house/stables to form residential unit to Awaiting include provision of first floor and validation

9 balconies on front and rear elevations; parking; fencing and retaining wall (revised scheme) – land between Latton House and Sentry Mead Hotel, Madeira Road, Totland Bay

P/00765/10 Mrs N Bradley R Replacement windows on front 30 Sept 10 HAS elevation and replacement front door – Leigh Cottage, Main Road, Brighstone

P/00164/10 Mr A Button R Proposed development of 1 detached 11 Oct 10 H house and 1 pair of semi-detached houses; parking & vehicular access (revised scheme) (further revised plans) – land adjoining Brookside Cottages, Church Street & fronting Blackgang Road, Niton

Appeals received from 01 October 2010

P/00439/10 Mr R Allen R Outline for residential development 04 Oct 10 WR comprising 2 detached houses, detached block of 2 flats and terrace of 3 town houses with parking, associated landscaping, open space area and vehicular access off Furrlongs (revised scheme) – land off Furrlongs, rear of High Street, Brading P/00785/10 Aldi Stores Ltd R Removal of condition no. 23 on 06 Oct 10 WR (Swindon) P/01589/09 which restricts the times of deliveries to/dispatched from the approved retail foodstore – BAE Systems (Defence Systems) Ltd, Newport Road, Cowes

P/01100/10 IW Steam R Enlargement of existing gated access 18 Oct 10 WR Railway Co. Ltd opposite Guiford Farm, Station Road –

10 IW Railway Co Ltd, The Railway Station, Station Road, Havenstreet

P/00606/10 Clydesdale R Demolition of annexed holiday unit; 13 Oct 10 WR Estates outline for residential bungalow – land adjacent The Fens, and North of Fairhaven, Lower Woodside Road, Wootton Bridge

E/27568/A Miss A Purdy E Engineering works to raise the land and 22 Oct 10 WR the formation and laying out of a vehicular access on to a classified road – 85 New Road, Brading

P/00503/10 Hepburns R Proposed detached bungalow with 29 Oct 10 WR Planning parking – land south of Kenley House, Consultancy Ltd Woodvale Road, Cowes

KEY

Type Appeal Procedure

R = Refusal of planning permission WR = written representations RAC = Refusal to approve matters required for a condition WR (HAS) = written representations householder appeal service RL = Refusal of listed building consent H = hearing RC = Refusal of conservation area consent I = public inquiry RA = Refusal of advertisement consent IC = Imposition of condition on planning permission ND = Failure to determine application with prescribed period E= Enforcement notice RLDC= Refusal for lawful development certificate

SUMMARY OF SCHEDULE OF PLANNING APPEALS FOR QUARTER ENDING 31 October 2010

Number of new appeals 30

Number appeals in progress 41

Number of appeals withdrawn/invalid 2

Number of appeals awaiting validation 4

Number of appeals determined

Dismissed 6 46% Allowed 7 54%

Number of Costs Awards against the Council 3

COSTS

Sans Souci - P/1784/09

Demolition of workshop buildings; residential development of two detached houses and a pair of semi-detached houses with parking and new access drive off Main Road; closure of existing access; proposed footpath (revised scheme)

The planning application was refused under delegated authority based on the lack of robust justification for the loss or open space which is contrary to saved policy L4.

The Inspector found that the Council had relied solely on policy L4 which allows for the loss of private open space only in exceptional circumstances. He felt that it was an anomaly that Sans Souci is located within an open space designation and that designation was some 10 years old. He did not feel that the loss of open space was weighed adequately against other material considerations and that the Council did not undertake a thorough analysis of all other material considerations. The Inspector explained that the Councils decision was weighted heavily on a previous Inspectors’ decision for the refusal of 30 houses, and there are significant differences between the two schemes.

13 It is the Inspectors opinion that the Council has not satisfactorily met the requirements of paragraph B16 of circular 03/2009 which states that “Authorities should substantiate each reason for refusal with reference to the development plan and all other material considerations.” The inspector put heavy emphasis on “all other material considerations.” Paragraph B18 implies that an objective analysis of the situation should be undertaken, the Inspector considered that the Council did not satisfactorily meet these requirements.

The Inspector allowed a full award of costs.

155 Mill Hill Road P/2197/08

Demolition of storage units & part of shop; refurbishment of existing shop to include extensions forming 5 light industrial units, staff rooms & w.c.; construction of detached block of 4 light industrial units & w.c.; parking (revised plans)(readvertised application).

The planning application was considered at Development Control Committee, where it was presented by officers with a recommendation for conditional approval.

The Inspector quoted paragraph B20 “Whilst planning authorities are not bound to accept the recommendation of their officers, they would need to show reasonable planning grounds for taking a contrary decision.” Paragraph B16 “Authorities will be expected to produce evidence to substantiate each reason for refusal.”

The Council did not submit evidence in its appeal statement in respect of the viability of the shop, although this formed the basis for refusal , as the Council had misunderstood the planning application believing that the shop floor space was going to be reduced. The Inspector did not find it unreasonable that the Council had made this mistake. However, the Council presented evidence on highway grounds. The inspector acknowledged that this matter had formed the basis for discussion at committee but neither the committee report nor the decision notice cited this as a reason for refusal.

It is the Inspectors opinion that the Council behaved unreasonably by introducing new arguments on highway grounds in the appeal statement.

Full costs were awarded.

22 Church Road, Shanklin P/01673/09

Removal of condition no. 2 on TCP/23144/Y:P/01660/06 which states that the holiday units shall be limited to holiday use and shall not

14 be used as permanent or main residences

The planning application was considered at Development Control Committee, where it was presented by officers with a recommendation for conditional approval.

With regard to the lack of amenity space it is the Inspector’s opinion that no evidence was submitted by the Council to demonstrate that it had sufficiently taken into account the land to the rear of the site of the public park on the opposite side of Church Road. Moreover, no substantive evidence was produced by the Council to show that the lack of frontage amenity area would cause significant harm to living conditions of the occupiers. In addition there was no evidence that the Councils highways officer was consulted and therefore the Council has not shown appropriate professional or technical justification.

Having regard to the above, the Council did not satisfactorily meet the requirements of paragraph B16 or Circular 03/2009.

Full costs were awarded.

SUMMARY OF SCHEDULE OF PLANNING & ENFORCEMENT APPEALS FOR QUARTERS 1 – 3 COMMENCING 1 APRIL 2010 AND ENDING 31 OCTOBER 2010

Number of new appeals 114

Number of appeals invalid/withdrawn 3

Number of planning appeals determined

Dismissed 45 68% Allowed 21 32%

Number of Costs Awards (planning) against the Council 3

Number of new enforcement appeals 3

Number of enforcement appeals in progress 3

Number of enforcement appeals awaiting validation 3

Number of enforcement appeals determined

Dismissed 2 100% Allowed 0

Number of advertisement appeals determined

Dismissed 1 100% Allowed 0

Number of planning condition appeals determined

Dismissed 1 100% Allowed 0

16 PERFORMANCE

The Council’s appeals performance is measured by the percentage of appeals against the refusal of planning permission (excluding enforcement appeals, advert appeals, appeals against non-determination and against conditions) which are allowed.

Target maximum is 30% allowed (National average is around 34% allowed).