Name of Meeting

PAPER C

Purpose: For Decision

Committee PLANNING COMMITTEE

Date 22 JUNE 2010

Title ISLAND HARBOUR MARINA LTD, MILL LANE, BINFIELD, NEWPORT, ISLE OF WIGHT

Report Author BILL MURPHY, HEAD OF PLANNING SERVICES

Reference Number: P/00255/08 - TCP/21713/K

Demolition of buildings/structures; outline for development comprising infrastructure improvements, additional units of holiday accommodation, marine industrial units, hotel/bar and restaurant, management and security facilities; associated boatyard and repair facilities

I sland Harbour Marina Ltd, Mill Lane, Binfield, Newport, Isle of Wight

REASON FOR COMMITTEE CONSIDERATION

This is a major planning application that has previously been considered by Planning Committee in August 2008. The Committee resolved to part refuse and part grant planning permission, subject to the completion of a s106 legal agreement. The current owners of the site, the banks, are in a position to complete the s106 to enable the Planning Authority to issue a decision notice.

MAIN CONSIDERATIONS

The main considerations relevant to the determination of this application are as follows:

• Principle – Whether the original resolution to grant planning permission meets the tests against current planning considerations, given the passage of time since the original resolution. • Whether the proposed clauses of the s106 agreement are appropriate as a means of mitigating impact, ensuring effective management of the marina uses and secure proper highways improvements and what additional controls may be appropriate by way of Planning conditions.

1. Introduction

1.1 The purpose of this report is to seek members’ resolution, in line with recommendations, on the determination of this application following a previous resolution to part grant and 76 part refuse planning permission, taken in August 2008, and following further submission of information by the current owners of the site in order to agree the contents of the s106 legal agreement. If agreed by members, the s106 would be completed and issued with the decision notice.

1.2 Since the previous resolution made by Committee, the operators of Island Harbour have gone into liquidation and the site is effectively owned and managed by administrators. They are keen to complete the planning determination process in order to secure a planning permission. The Local Planning Authority had previously given a deadline to ‘owners’ of Island Harbour (30 November 2009) by which work needed to be submitted to complete the drafting of the s106. Failure to have met the deadline would have resulted in a refusal for the whole scheme based on the failure to secure appropriate environmental mitigation, improved highways works and a marina management plan. Prior to the 30 November deadline, the Authority received confirmation from administrators that they were pursuing the s106 agreement and had submitted a draft for consideration.

1.3 During the consideration of the application at the August 2008 Committee meeting, members raised the issue as to whether the effective management of the marina and its associated lock and launching arrangements could be undertaken in light of the proposed increased in boat storage use associated with the increased number of holiday units on the site. Officers requested additional information in respect of the marina use, which was provided. In order to assess this, specialist consultants have been commissioned in order to provide a technical assessment of the information and proposed manner in which water craft facilities were proposed to be operated. The new information, and subsequent report prepared by ……on behalf of the Council, is now a new material consideration in the determination of this application. Both sets of information have been placed on to the website and are referred to in this report.

2. Details of Application

2.1 This is an outline application with access, layout and scale only to be considered at this time. It comprises a masterplan for the continued and proposed completion of Island Harbour as a comprehensive development of holiday accommodation coupled with yachtsmen’s facilities including a chandlery, boat repairers, restaurant and further residential holiday units.

2.2 The proposal also seeks to remove the degraded hulk of The Ryde paddle steamer and to deal with likely contaminants.

2.3 The layout plan proposes 118 units of holiday accommodation in seven terraced blocks situated to the south of the existing marina and to the south west of the existing residential holiday units in Redshank Way, forming a square leading onto the south of the existing basin with a marine retail facility, marina parking, two marine industrial units for boat building and repair with external boat storage and a boat racking system situated at the southernmost extent of the development.

2.4 Situated to the south of the existing lock between the basin and the Medina it is proposed to build a new building to provide a bar, restaurant, office and yachtsmen’s facilities on the site of the former mill building demolished several decades ago. It is also proposed to include a terrace of key worker accommodation forming the south western wing of the new square to be occupied by persons employed at the Island Harbour and the facilities also proposed.

2.5 Accommodation proposed for holiday accommodation comprises 36 one bedroom units, 58 two bedroom units and a further 25 two and three bedroom units in separate blocks.

77 The key worker units are proposed to be two bedroom with 80m2 floor space and to number twelve in total.

2.6 The Access and Design Statement includes proposals for an environmental strategy including combined heat and power units, water harvesting, ground source heat pumps and other energy efficient practices in construction and insulation. Building heights are envisaged as 1, 1½, 2 and 2½ storeys dependent upon location and use but no details for determination have yet been submitted but 3D images indicate the form envisaged.

2.7 The justification for the additional holiday accommodation is that it is closely linked with the marina facilities and associated boat storage. This is dry storage, i.e. on shore rather than marina berths as the previous phases. The further information on boat storage submitted on request from officers has confirmed the following:

• The new total number of boats that the marina development and lock would serve is 367, made up of the existing 270 floating berths and the proposed 106 onshore spaces. • The applicants state that it is highly unlikely all boats will be needed to launch at one time and that four launches/recovery systems would be available • A 50 ton travel lift hoist would be provided on site to manage the launching of larger vessels. • A reverse fork lift with a 10 ton capacity would be used for 5 – 10 m reach vessels • A boat launch trailer 20 ton capacity would be available for Manual launching down the existing slipway • Boat movement statistics for 2009 as supplied by the Marina Management are as follows:-

Movements through the lock in an average week = 64 no. (no. of vessels 32)

The following formula is based on 32 Boats per week throughout the year. Approximate total no. of vessels 1700/yr.

The average is taken over 12 months from 31 March 2009 to April 2010 and is balanced out between Winter and Summer programmes.

These calculations take into account, a) That free flow times allow vessels to navigate through the lock without stopping b) That the lock can take between 1 & 8 no. craft at each lock in/out c) Variation in boat sizes

Peak movements during the high season in the busiest 24 hour period = 60 no. vessels (June IOW festival one way), a) in Friday, b) out Monday

• It is possible to launch up to 100 boats in 48 hours and at current usage rates it is anticipated 10% would be in the water at any one time. Once in the water the dry stacking system has space for up to 120 boats. The intention is to provide 24 hour dock operation.

78 2.8 The draft s106 legal agreement proposes the following clauses :

• Provision of a holiday occupation register for all occupiers and to be kept in perpetuity and available for inspection by the Local Authority • Not to allow occupation of holiday accommodation until boat storage facilities are in place • Boat storage facilities to be managed in a manner to be agreed with the Local Planning Authority • Not to implement development until a highways scheme has been submitted and approved • Not to occupy development until highways works have been carried • Provision and implementation of a ‘greenway’ route. Completion prior to occupation of the development. • Establishment of Nature Conservation monitoring protocol.

3. Location and Site Characteristics

3.1 Island Harbour is located on the eastern side of the Medina, on the north-western side of North Fairlee Road at Binfield. The site is accessed from North Fairlee Road via Mill Lane, the metalled road joining North Fairlee just before the start of the Racecourse. The site is also accessed from the Medina by boat via lock gates situated in the south-western corner of the basin.

3.2 The tract of land within the holding is substantial but the application essentially relates to the area immediately adjoining the south side of the yacht harbour and to the west of the junction of Mill Lane with Redshank Way, the road leading to the existing residential holiday accommodation. To the east, south and south-west of the site is predominantly agricultural land as is the land on the north side of the existing harbour. There is a general but gentle fall from the east to the west being part of the Medina Valley.

3.3 Currently the site contains several old buildings and a recently constructed bistro with temporary consent, a restaurant serving users of the harbour and which is sited just to the south of the main car parking area when entering the site from Mill Lane. At the western extent abutting the river Medina is the derelict hull and remaining superstructure of The Ryde. To the north-east is the existing development known as Redshank Way and the continuing development of Island Harbour at its northern extent which comprises approximately 48 terraced holiday dwellings, some of which are located on a pier extending into the harbour and forming part of the quay wall.

3.4 Mill Lane is a comparatively narrow but metalled highway entering the site at its south western extent and linking with North Fairlee Road. It has an overall length of approximately 600 metres.

4. Relevant History

4.1 TCP/14525/S – 96 yachtsmen’s cottages and flats, 96 marina berths and 128 car parking spaces were approved in October 1988. This permission was subject to a Section 52 agreement which required:-

• A register of occupiers. • That persons occupying any of the units own a boat or boats which are permanently moored or who have hired a boat or boats permanently moored in the marina. • A timeshare accommodation should not be occupied more than eight weeks in any 52 week period by any person or persons. • Units which are sold can be occupied for 42 weeks in any 52 week period. 79 • The provision of a public slipway. • A maintenance schedule for the site.

4.2 TCP/25521 – an application for a terrace of seven houses for holiday purposes was approved in May 2004. This terrace has been constructed and comprises that adjoining the waterside to the north-east of the northerly crescent originally constructed. There was no legal agreement but conditions applied included the limitation to holiday use only; requiring a berth or mooring spaces as properties were completed before occupation restricting the berths to the relevant unit and requiring the harbour to be dredged to a specified depth.

4.3 P/01047/04 – TCP/26385 – 48 holiday homes with associated car parking, garages and landscaping with associated 76 marina berths approved in June 2005 subject to Section 106 agreement. These 48 dwellings represented a redesigned second phase of the scheme and did not increase the numbers above the 96 originally permitted. The Section 106 agreement required:-

Limiting occupation of the dwellings to holiday use only. Provision of a register of occupants of the dwellings. Provision of a register of individual berths. Maintaining each and every holiday unit with a dedicated marina berth, the berth to be provided and operational prior to the occupation of its holiday unit. The safeguarding of the biodiversity value of the adjoining SINC.

Conditions also required dredging, removing of permitted development, the maintenance of the development in an open plan form without individual enclosures, landscaping and details of a scheme of maintenance for existing flood defences.

4.4 At its meeting of 26 August 2008, Planning Committee resolved the following:

The Committee believed a split decision was necessary and resolved:

(i) The keyworker accommodation element of the application be refused contrary to officer recommendation.

(ii) THAT the remaining elements of the application be approved, subject to the prior completion of a Section 106 Agreement to cover:-

• The establishment and maintenance of a register of all persons occupying the holiday accommodation, their names, home addresses and dates of occupation and to ensure the register is available to the Local Planning Authority at reasonable notice. • The provision and maintenance of dedicated boat storage facilities for each and every unit of holiday accommodation hereby approved • The conclusion of a Section 278 (Highways Act) Agreement to provide access improvements to the junction of Mill Lane and North Fairlee Road consistent with a scheme approved by the Local Planning Authority

The following elements arising from the Appropriate Assessment carried out under the Habitat Regulations:- • To require Nature Conservation mitigation to include:- • Details of a monitoring protocol to measure and rectify any adverse impacts of mitigation work carried out

80 • Prohibiting outdoor events of a specified nature within areas defined on a plan st st during the period of 1 November to 1 March (overwintering period) • To provide a greenway route through the site avoiding ecologically sensitive areas linking the existing footpath to Mill Lane in accordance with details (including signage) and timing to be approved by the Local Planning Authority • To adhere to all construction methodology, practices and mitigation as described in the Island Harbour, Medina Estuary, Isle of Wight, Ecological Assessment dated May 2008, throughout the implementation of the development

5. Development Plan Policy

5.1 National Planning Policy

• PPS7 (Planning and the Rural Environment) - Seeks to promote tourism whilst safeguarding the countryside and diversification of land uses to facilitate tourism. • PPG9 (Nature Conservation) - Seeks to preserve areas of importance to nature conservation. • PPS1 (Delivering Sustainable Development) - Seeks to protect the environment whilst creating sustainable development and the protection of resources. • Tourism and Good Practice Guide - Sets out the need to diversify with holiday accommodation and raising the quality of such facilities.

5.2 Regional Planning Policy

None specific to this application.

5.3 Local Planning Policy

5.3.1 Unitary Development Plan

• Policy T6 - Permanent Holiday Accommodation – Supports proposals for the expansion of existing permanent accommodation sites providing the following criteria can be met:

o They join or are directly related to the existing built facilities. o They do not detract from the surroundings. o They enhance the environment or improve the visual appearance of the site. o New or replacement units are appropriate in design and appearance and the resulting density of the site does not adversely affect the rural character of the area.

• Policy D1 – Standards of Design • TR7 – Highway Considerations for New Developments • TR16 – Parking Policies and Guidelines, Zone 4 – car park (0-100%) required • C11 – Sites of Local Importance for Nature Conservation

5.4 Other Council Strategies and Plans/locally adopted guidance

Economic Strategy 2008-2010 - seeks greater value and higher quality tourism offer comprising good tourist accommodation, quality attractions and centres for activities.

81 6. Consultee and Third Party Comments

6.1 Internal Consultees

6.1.1 The Highway Engineer considers the access road to be adequate for the projected increase in vehicular traffic subject to the implementation of a junction improvement at Mill Lane/North Fairlee Road providing a right-turn lane for traffic travelling southerly from Ryde towards Newport wishing to enter Mill Lane.

6.1.2 The County Ecologist has carried out an Appropriate Assessment in parallel with the processing of this application. The conclusion of this exercise is that given current understanding and knowledge, having considered the likely and reasonably foreseeable effects of the plan or project, together with other plans or projects which might be additive in impacts, it can be concluded that this plan will not have an adverse effect on the integrity of the SPA European site or the Ramsar site either alone or in combination with other projects.

6.1.3 The Council’s Conservation Officer comments as follows:

‘The Former Mill House is a substantial detached red brick building dating from the C18th. It is situated on the northern side of the access lane, just before the entrance to the Harbour itself. The building is listed grade two and is set in a good sized garden with boundary screening comprising small trees, hedging and fencing.

The original context for the building has been altered in the past as the former mill buildings have been lost and the Harbour facilities and other nearby development have altered the character of the area. It nevertheless retains much historic and architectural merit and is a distinctive building marking the entrance to the Harbour.

The application details are in outline, but do show significant development adjacent to and opposite the listed building. The application is accompanied by a master plan which does refer to the rural character of the area and the need to retain and enhance landscape setting.

Whilst the proposals would have an impact on the setting of the listed building, I consider this could be mitigated by the retention and enhancement of boundary screening. It would also be important to retain as much as possible of the roadside hedges which contribute to the rural setting of the building and help to screen the more recent development.

Any new buildings in close proximity to the listed building would need careful consideration in terms of the scale, mass, design and use of materials and should be localised to minimise intrusion into views of the Mill House’.

‘I am aware that some of the hedging has been removed in association with ditching works adjacent to the lane. I understand that this area is being used in association with the bistro, but it appears to be outside the red line area for the bistro application. As noted previously the existing hedges and landscaping are an important characteristic of the area. The Master Plan acknowledges the importance of landscaping here.

The layout on the outline plan shows buildings close to the access road in the proximity of the Listed Building which would leave little space for retention or replacement of the hedges. However relatively minor adjustments to the location

82 of the buildings will allow more space for landscaping which would mitigate the impact of the proposed development and help to preserve the setting of the Listed Building. I assume that the landscaping details would be conditioned and provided as part of a reserve matters application.’

6.2 External Consultees

6.2.1 Natural England originally objected to the development pointing out that an appropriate assessment would need to be carried out before any permission was granted. Natural England considered that the proposal could have had a likely significant effect upon the interest features of the SPA/Ramsar site and indirect effects due to associated activities. However, following the undertaking of the appropriate assessment confirms that they are in agreement with its findings and have removed the objection.

6.2.2 The Environment Agency originally objected on the basis of inadequate evidence to show that a flood risk sequential test had been properly applied and on grounds of flood risk. In addition EA considered there to be insufficient information to demonstrate the risk of pollution to controlled waters is acceptable; that the application fails to provide assurance that the risks of pollution are understood and that inadequate information has been submitted to address the matter of risk to controlled waters. Following the submission of further details and subject to conditions the Environment Agency are content to remove their objection.

6.2.3 Crime Prevention Officer objects on the basis of inadequate information regarding crime prevention.

6.3 Parish/Town Council Comments

Newport Town Management Committee considers inadequate details in terms of heights and masses of buildings to determine what visual impact will result.

6.4 Third Party Representations

6.4.1 Medina Mariners Association considers that any new buildings should be no higher than those already in the vicinity and that the design should be sympathetic to the water environment.

6.4.2 Solent Protection Society considers there to be certain positive aspects to the proposals but raise concern over the height and size of the buildings, especially close to the river and accordingly consider the proposal to be unacceptable; welcome the removal of the remains of The Ryde but object to the retention of the containment around the ship’s site, opposing any further development in that area.

6.4.3 Island Watch object on the basis that the site is outside any development envelope and outside of the zoned area for holiday development on the UDP. Considers that the proposals will urbanise the area and that the proposals do not conform to the Eco Island principle. Specifically objects to the focal building (located adjacent to the lock).

6.4.4 CPRE consider Environmental Impact Assessment should be required, that the existing accommodation has a said designated marine berth and that the new units do not have any connection with boating or the marina and accordingly the development does not differ from other holiday parks elsewhere which represents an inappropriate use of a precious and tranquil area. Object to the “landmark” building which is considered of excessive height. Considers that two essential elements have not been considered, namely traffic and drainage and that the additional development would put undue pressure on Mill Lane and the junction with Fairlee Road.

6.4.5 Isle of Wight Society considers the development to be excessive constituting overdevelopment of the site.

6.4.6 Forty letters of objection from local and other residents on the grounds of:-

• Overdevelopment of the site • Buildings of excessive height • Increased traffic and inadequate access • Inadequate drainage • Development contrary to policy • Inadequate information and details regarding overall development • Inadequate car parking to serve the existing and proposed • Development is inappropriate without marina berths and therefore not consistent with existing development • Flats are not an appropriate development • Adverse impact on the environment • Visual intrusion • Development represents a new settlement in the countryside • Loss of public slipway • Environmental and ecological damage • Adverse effect on the setting of a listed building • Inadequate lock facilities • Objection to key worker accommodation • Objections to access to the existing accommodation through the square • Inadequate boat parking • Flooding issue not addressed sufficiently to proceed

6.4.7 One further letter from a local resident raising various issues including the status of previous phases of the continuing development since 1988 questioning whether the legal agreements related to the various phases overlap or act upon later phases and if the previous legal agreements impact upon the current application if approved. In addition, raises questions over infilling work which has taken place close to the PS Ryde, the use of land adjoining the temporary bistro building for outside seating and the subsequent adverse effects to the setting of the Listed Building.

6.4.8 Fourteen letters of support have been received from local and other residents, essentially pointing out that improved facilities will make the area more attractive and successful.

7. Evaluation

7.1 Principle

7.1.1 Island Harbour has become an established settlement of yachtsmen’s cottages with the restriction on occupation, limiting the occupation of the dwelling units to and in connection with the associated boating activities at the site with a requirement for occupants to have a boat in the marina. However, in addition, there is an established employment element in the existing boatyard and repair shop and the comparatively recent new bistro building intended to provide refreshment and chandlery facilities primarily to be used for those in occupation and use of the harbour.

7.1.2 The proposal seeks to expand the accommodation offer and the other facilities increasing the number of accommodation units and providing facilities for boat storage. Accordingly the development is seen as an expansion of an existing establishment but it is 84 acknowledged that the area of land proposed to accommodate the new development is not annotated in the UDP as a scheduled permanent holiday accommodation site. However Policy T6 of the Unitary Development Plan states that planning applications which seek the expansion of existing permanent accommodation sites will be approved if they adjoin or are directly related to the existing built facilities; that they do not detract from their surroundings and enhance the environment or improve the visual appearance of the site so long as new or replacement units are appropriate in design and appearance and the resulting density of the site does not adversely affect the rural character of the area. The former Policy T3 accepted additional permanent accommodation provided it was to be retained for holiday use. Despite the loss of Policy T3, the principle of the retention of new holiday accommodation for holiday use remains and is supported in the Best Practice Guide for Tourism.

7.1.3 In principle, therefore, expansion of tourist accommodation in this location, on the same theme as previously approved (associated with boating and yachting activities) is consistent with former and existing policies. It is therefore contended that whilst the addition is substantial, the proposals form a masterplan with the overall completion of the development of Island Harbour included and therefore, subject to restrictions ensuring the development is maintained as a boating/yachting orientated holiday destination the principle is acceptable.

7.2 Nature Conservation

7.2.1 None of the application site is under any nature conservation notation, one of the reasons why the application was accepted without seeking an Environmental Statement. However, the site does abut the Site of Special Scientific Interest (SPA and Ramsar), part of the Medina Estuary which has significant nature conservation value with specific reference to the intertidal mud and the various species which utilise the Medina Valley. Development adjoining these sensitive areas can impact upon the quality of the area and an appropriate assessment has to be carried out in parallel with the planning application to evaluate the possible impacts and methods of mitigation if the development is intended to proceed.

7.2.2 An appropriate assessment has been carried out by the Council’s Ecologist and subject to various mitigation actions, achieved via the imposition of appropriate conditions/agreements on any permission granted, he considers that the proposed development would not have a significantly adverse effect on the features of nature conservation value.

7.2.3 One of the most significant impacts which could be accelerated by the implementation of the current scheme is the removal of the paddle steamer Ryde which is in an advance extent of decay and which is considered to be well beyond the point of redemption. Removal of the hulk could potentially release contaminants in a significantly accelerated rate into the environment if not dealt with sensitively. The deteriorating structure is already releasing contaminants into the environment but currently at a restricted rate, but removal of the remains is felt to be a positive enhancement in visual terms and environmentally if carried out carefully.

7.2.4 Being in close proximity to the Site of Special Scientific Interest there are various implications of the proposed development in terms of nature and methods of development, the materials and especially the timing which may have impacts upon the nature conservation value of the adjoining site. The appropriate assessment recognises these sensitivities and concludes that with safeguards which would be controlled by conditions and a Section 106 Agreement, would safeguard the concerns of Natural England and the Environment Agency. Natural England has confirmed that they accept the conclusions of the Appropriate Assessment.

7.3 Flooding and Drainage Considerations

7.3.1 With reference to foul drainage from the site, Southern Water has recognised that the existing waste water pumping station and its associated rising main is inadequate for the level of development proposed and that a newer improved pumping station and rising main together with additional off-site sewers or improvements to existing will be required to provide sufficient capacity to service the development. As this is an outline application, such technical detail has not been submitted as the principle of the development only is sought but it is clear that, from Southern Water’s comments that it is technically possible to carry out works which would provide a technical solution by the provision of new pumping/mains installations which would provide adequate service for the additional development. Accordingly in the event that planning permission is granted it would be appropriate to apply a condition requiring any subsequent reserved matters application to include a calculated and justified scheme of provision to be implemented prior to any further occupation at the site. To require submission of details at this stage could prove costly in terms of time and money and completely abortive if planning permission is refused in principle.

7.3.2 Surface water drainage in this location is not a problem due to the topography and proximity to both the harbour within the lock gates and the river Medina. However, increased hard surfaces and buildings will increase run-off speeds and capacities and calculations will need to be carried out to control run-off and to provide a scheme which will include oil interceptors to any car parking areas in order to prevent contamination reaching the sensitive areas.

7.3.3 Tidal inundation is potentially a possibility and the Environment Agency has recognised that certain areas of the site are liable to flooding in the future due to climate change/sea level rise and in reaction to the initial objections from the agency, the application has been revised to re-site more vulnerable uses (residential) to areas which are above the level of anticipated effect. Despite those revisions Members are advised that in the previous planning permission which authorised the revised second phase of holiday homes, which is presently being implemented, a condition was imposed requiring the submission of a detailed scheme of flood defence along the shoreline with the Medina so as to improve flood defence.

7.3.4 The matter of contamination and drainage are interlinked and the removal of the paddle steamer Ryde from the site has major implications regarding contamination. Irrespective of the current scheme, The Ryde continues to deteriorate and release potential contaminants into the environment and, as stated before, the removal of the hulk is seen as an environmental advantage providing it is carried out in such a controlled way as to contain potential contaminants for removal. Accordingly, in the event that planning permission is granted, it is recommended that a condition be imposed in order to agree the methodology and timing of the removal, including the remediation of the site in accordance with a carefully prepared scheme which may include the provision of a further area of intertidal mud thus enhancing the environment in ecological terms.

7.4 Occupancy

7.4.1 The first phase of Island Harbour, approved in October 1988 was part of a permission granting consent for 96 yachtsmen’s cottages and flats but only 41 of those units were built and occupied but the permission was subject to a then Section 52 agreement which limited the occupation in accordance with details described in the relevant history section above. The second phase, consisting of the remaining 48 units, was approved in 2005 subject to a Section 106 agreement also controlling occupation but in a slightly different way. Essentially the occupation of these units is restricted to holiday use only, with each

86 holiday unit benefiting from a dedicated marina berth thus maintaining the concept of yachting/boating related holiday use. The proposed development continues the theme but seeks to provide more dense and more compact accommodation with more flats for holiday purposes but does not provide for additional marina berths but does provide for land based boat storage in areas and in racks. As an extension of the existing use of Island Harbour the means to control and restrict occupancy of the units to holiday and boating related activities is proposed to continue in restrictions to holiday use with associated boat storage is felt appropriate. This is what is proposed in this application and, in the event that planning permission is granted, it is recommended strongly that these restrictions are echoed in a legal agreement to ensure compliance. Solicitors, acting for one of the neighbouring properties, have requested that should permission be granted that the whole of the site should be subject to one consolidating Section 106 Agreement. Whilst this would likely simplify the controls applied to the site it is not likely to be achievable given it would require all property owners to be signatories to the Agreement.

7.4.2 The proposals also include the provision of key worker accommodation, that is to say full- time residential occupation for persons who are employed at Island Harbour which will include persons employed in the boat yard, chandlery, and the bar and restaurant who need to be available at various unsocial hours, for example in the harbour office to operate the lock, etc. There is no case that supports the provision of permanent residential units for those employed at Island harbour. Key Worker housing is a term that is normally applied to forms of accommodation that serve key public sector staff (such as nurses, teachers, police) in areas of inflated land values. Island Harbour is in an accessible location at the heart of the Medina Valley regeneration area. Workers at the site do not enjoy the benefit of being defined as key public sector front line staff. As such, the committee’s decision to resolve to refuse this element of the scheme is justified, and to allow it would counter planning policy. Officers therefore recommend that the decision to refuse this element of the scheme is reaffirmed.

7.5 Visual Impact

7.5.1 Island Harbour is an established entity with visual impacts being apparent from several directions. The continuing approved development on the northern side of the first phase is visible from East Cowes Road as well as the river Medina and the proposed development, if approved and implemented, on the southern side of the harbour, will also have visual impacts from certain viewpoints, especially from the river Medina. However, currently, the existing boatyard facilities and the degrading Ryde, whilst long established, contribute nothing to the estuary in terms of character. It is acknowledged that The Ryde in its heyday represented a maritime feature consistent with the character but its continued degradation is now felt to detract from the amenity of the area and its removal will result in an upgrading of the locality, especially if carried out sensitively and positively with mitigation and remediation.

7.5.2 When originally submitted, the application sought to erect a new landmark building at the lock at approximately five storeys. This was to provide a hotel, restaurant, office and yachtsmen’s facilities and was argued to form a replacement building for the original mill building at the same location but which was removed about 50 to 60 years ago. Concerns have been raised over the impact of that building which has culminated in a revised plan omitting the hotel and leaving a considerably smaller building providing bar, restaurant, office and yachtsmen’s facilities only also replacing the octagonal “mushroom” shaped harbour office situated just to the south side of the lock. This increase in built resources in close proximity to the river is offset by the removal of The Ryde and the octagonal mushroom shaped building and although of larger proportions than the harbour office which it replaces, is not felt to increase the visual impact significantly such as to warrant resistance.

7.5.3 The existing boatsheds at the site already have a significant visual impact, however their replacement with new buildings in closer proximity to the river will inevitably have greater impact but should be seen as an opportunity through landscaping and choice of materials to reduce visual impact. However this is a working boatyard with external land based boat storage and the site already has significant visual impact from this established employment use.

7.5.4 The proposed holiday accommodation of 1½ to 2½ storeys is set some significant distance back from the river’s edge and also to the south of the existing harbour. This area is comparatively low lying and open and long distance views will be seen from the Medina and the East Cowes Road. With significant and careful landscaping, visual impacts of the holiday residential accommodation can be successfully screened but clearly, initially, additional landscaping will take time to mature and become more effective.

7.6 Highways

7.6.1 There are currently approximately 100 properties (including those properties which are currently under construction) served by Mill Lane at its junction with North Fairlee Road. Whilst the harbour office and the existing boatyard already add to the vehicular flow over Mill Lane, the proposal is to increase the numbers of holiday units and key worker accommodation by some 132 units which will inevitably have an impact on the volumes of traffic utilising Mill Lane and especially its junction with North Fairlee Road.

7.6.2 The Highway Engineer considers that Mill Lane in an improved form, improved by surfacing/widening can accommodate the additional traffic flows envisaged but that the junction with North Fairlee Road is presently inadequate to cope with the projected changes in vehicular activity. The application proposes to make an improvement to the junction by providing a widened section of North Fairlee Road at the junction and incorporating a right-turn lane for vehicles accessing the site from a northerly direction. The speed limit has recently been lowered on the Racecourse from the national speed limit of 60 mph to 50 mph and the speed limit of North Fairlee Road has been reduced from the national speed limit of 60 mph to 40 mph in recognition of speed hazards and the accident record at this location. The Highway Engineer considers the junction improvements proposed to be satisfactory and necessary in order to facilitate an improvement in traffic safety and to accommodate the projected levels of traffic implied by the current proposal.

7.6.3 Mill Lane is shown to be within the applicant’s ownership in the application but the land required to widen North Fairlee Road and to provide the right-turn lane is outside of the applicant’s ownership but appears to be within the existing highway, currently forming visibility splays at the junction with boundaries of adjoining property set back significantly from the highway edge. In the event that planning permission is granted the development of the accommodation should not be commenced until the highway widening and provision of the right-turn lane have been provided in accordance with an agreed scheme. This can be included within the Section 106 agreement to require the conclusion of the Section 278 agreement of the Highways Act to provide the road improvement but in my opinion it is not necessary for Mill Lane to be subsequently adopted.

7.7 Potential impact on the listed building and nearby residential properties

The Council’s Conservation Officer considers there will inevitably be some impact on the Listed Building Mill House. However he recognises that the setting of the Listed Building has changed substantially over the years with developments now well established at the Harbour but it still retains much historic and architectural character. He also considers

88 that retaining much of the hedgerow around the area will mitigate the effects on the setting of the Listed Building but that careful design and choice of materials will be key in reducing adverse impacts.

7.8 Employment Implications

The marine related uses currently undertaken at the site and implied by the current proposals, especially the boatbuilding/repair facility is likely to result in approximately 20 jobs and, in addition, further employment opportunities are proposed within the harbour office/restaurant/bar building and the maritime retail building proposed close to the harbour. These employment implications are significant and the importance of securing the existing employment and providing additional opportunity are to be applauded and supported. In addition, subject to other separate considerations, the success of this employment opportunity may lead to additional, similar employment opportunities gravitating to this location supporting the boating and yachting activities.

7.9 Marina and Boat Storage facilities.

Marina Projects, consultants acting on behalf on the Council, have considered the proposals and additional information submitted to clarify the means of operating the boat storage, marina and lock facilities. They have concluded as follows:

• The potential of Island Harbour Marina is clearly not being achieved on thebasis of the current level of usage and proposals to enhance the offer and raise the standard / profile of the marina will increase the likelihood that the potential of the site can be realised. • 2. The presence of a lock and its operating regime does have an affect on thenature and pattern of use of boat owners. • 3. Lock capacity is not always an issue and during periods of spring tides, the operation of periods of free-flow will be invaluable to maximise throughput. Furthermore, it is generally the case that boat owners are drawn to theseperiods because of the ease of access provided. • Resident boat use places a small to modest demand on the lock. In and of itself, the proposal to increase this category of use will not drastically increasethe level of required lock activity. • 5. A review and analysis of the current operation and site constraints has identified that the lock can readily accommodate the existing levels of daily, busy and peak use. Furthermore, case study analysis (particularly of Birdham Pool in Chichester Harbour) reinforces the findings of the analysis, supporting the suggestion that some spare capacity exists at Island Harbour Marina to accommodate increased levels of resident boat use. • Visiting vessels create the highest level of demand for use of the lock and there is the potential to regulate and manage visiting activity, such that the needs of the resident boat population are accommodated and not frustrated. • The proposed dry-berthing has merit and does sit comfortably with the potential holiday accommodation use. Indeed, this type of use might be of interest to existing holiday property owners. • It is possible over the high-water to launch shallow vessels directly from the slipway into the River Medina and this would reduce the demand for lock openings and reduce the potential implications on the development arising from the proposed dry launching activities. • For peak throughput of the lock to be achieved and to ensure peak demand and busy periods do not adversely impact the resultant boat population, it is necessary to manage and control the lock opening cycle. The proposal from IOW Planners to seek a management plan to be in place is entirely appropriate.

89 • Review of the potential implications of the development suggests that the lock has capacity to deal with the likely level of increased activity that will be created. • The proposed linking of all holiday accommodation to boat use, may serve to stifle the potential of the boatyard and marine employment uses and consideration should be given to the implications of de-coupling a percentage of the holiday accommodation from direct boat / berth ownership. The wider interest of the development and IOW Council might be better served by such an approach.

7.10 In the light of the conclusions made the consultants, officers consider it appropriate that planning conditions should be attached to a permission that achieve the following:

• The provision and maintenance of a holding pontoon outside of the marina lock to be retained in a serviceable condition, • The retention and maintenance of the slipway direct to the river to be accessible throughout the April to September season • Provision of a lock management scheme to deal with periods of heavy use, to manage visiting vessel numbers and to provide for sufficient pontoon holding areas for vessels waiting to exit the marina via the lock. This scheme should be provided ahead of commencement of new development

7.11 Boat storage is a subject which needs to be carefully controlled to ensure adequate provision is made to enable the function of the new development to continue but also to ensure visual intrusion is kept to a minimum. Accordingly conditions are proposed to control boat storage with specific reference to the landscaping around those areas designated for boat storage.

7.12 Other Considerations

7.12.1 The UDP shows a proposed public right of way travelling in a north by east direction following the eastern bank of the Medina between Newport and East Cowes. At Island Harbour the proposal is shown to follow the western extent of the harbour crossing at the lock and then resuming its passage along the eastern shore of the Medina in a north- easterly direction. The realisation of the provision of this route and retention is most important to the strategic public footpath network and its retention can be made by including measures the Section 106 agreement to achieve the retention of the route.

7.12.2 Concerning matters pertaining to previous permissions and related legal agreements, if there are breaches of control then these are enforcement issues and do not prejudice the consideration of the current application. Previous legal agreements do overlap later ones and may affect the occupancy restrictions. However these are matters which require legal interpretation and action as necessary. With respect to the current application, the red lined application plan refers to that land to the south off of Mill Lane and the Harbour which was not covered by the original Section 52 Agreement which is therefore not operative with regard to the current application site. The alleged infilling of the marsh which appears to comprise the tipping of some material adjoining the eastern side of the PS Ryde is an issue which would be resolved in the event that this application is successful and the development is implemented; otherwise enforcement action may be required.

7.12.3 Island Harbour is in a sensitive location from the point of view of both nature conservation and the visual envelope of the valley and therefore the lighting of any development in this location is a most important consideration. Whilst it is accepted that the provision of lighting will serve a security function, excessive lighting is likely to result in light pollution and adverse effects on the visual amenity of the area and possibly wildlife. It is therefore suggested that, in the event that planning permission is granted, conditions should be

90 imposed to preclude lighting other than that which has been carefully planned in accordance with a scheme for the whole of the site.

8. Conclusion and Justification for Recommendation

Island Harbour is a comparatively long established marine holiday settlement controlled by the requirement for the accommodation to be marine holiday related, each of the accommodation units having a dedicated berth in the harbour. Whilst the second phase of development has been delayed since the original consent in 1988, which is currently being built out now, the concept for yachtsmen’s cottages and facilities has established over several years. The current proposal seeks to enlarge upon the established settlement by providing smaller, denser development of holiday accommodation but with added facilities to improve the overall quality of leisure marine holiday offer including bar, restaurant and yachtsmen’s facilities such as showers, chandlery and workshops and the current scheme represents a masterplan for the concluded enterprise. Despite the intention to provide the finished article, it is contended that, in terms of industrial or employment activity, some additional facilities could be attracted thus augmenting the facilities envisaged at this stage. Current UDP policy supports an extension to established permanent holiday accommodation sites provided that other factors are satisfied and, in this instance, matters relating to flooding, nature conservation and visual amenity have been addressed as described above. Whilst this is an outline application and the principle is sought at this time, sufficient details in terms of the scale and extent of the development have been furnished sufficient to enable an appropriate assessment to be made and an evaluation in purely planning terms regarding matters of visual impact, traffic implications with revisions to the scheme to account for nature conservation objections and to counter possible flooding difficulties. In conclusion it is considered that the principle of expansion of Island Harbour is on balance justifiable and sustainable and consistent with existing policy and approval is recommended subject to the conclusion of a legal agreement and conditions to mitigate against areas of concern.

9. Recommendation

i) Part refusal for the ‘Key worker’ accommodation for the following reason:

The site lies outside the defined development envelope and no justification has been established to show why the proposed ‘key worker ‘ housing should be permitted as acceptable development in the countryside as defined in policy G1 (development envelopes for Towns and Villages), Policy G5 (Development Outside Defined Settlements) and H9 (Residential development Outside development Boundaries) and as such is contrary to the Isle of Wight Unitary Development Plan.

ii) Part Approval for all other elements, subject to the prior completion of a Section 106 Agreement to cover:-

• The establishment and maintenance of a register of all persons occupying the holiday accommodation and essential workers cottages, their names, home addresses and dates of occupation and to ensure the register is available to the Local Planning Authority at reasonable notice • To provide a marina, lock, slipway and boat storage management plan that secures and maintains dedicated facilities for visitors and each unit of holiday accommodation hereby approved. • To require the conclusion of a Section 278 (Highways Act) Agreement to provide access improvements to the junction of Mill Lane and North Fairlee Road consistent with a scheme approved by the Local Planning Authority

91 The following elements arising from the Appropriate Assessment carried out under the Habitat Regulations:-

• To require Nature Conservation mitigation to include:-

o Details of a monitoring protocol to measure and rectify any adverse impacts of mitigation work carried out o Prohibition outdoor events of a specified nature within areas defined on a plan during the period of 1st November to 1st March (overwintering period) o Provision of a greenway route through the site avoiding ecologically sensitive areas linking the existing footpath to Mill Lane in accordance with details (including signage) and timing to be approved by the Local Planning Authority o Adherance to all construction methodology, practices and mitigation as described in the Island Harbour, Medina Estuary, Isle of Wight, Ecological Assessment dated May 2008, throughout the implementation of the development

Conditions/Reasons:

1 A01 Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this planning permission. The development hereby permitted shall be begun before the expiration of 2 years from the date of approval of the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason: To comply with Section 92 of the Town and Country Planning Act 1990 (as amended) and to prevent the accumulation of unimplemented planning permissions.

2 A02 Before any works or development hereby approved is commenced on site details relating to the layout, scale, appearance, access and landscaping of the site shall be submitted to, and approved by the Local Planning Authority. These details shall comprise the ‘reserved matters’ and shall be submitted within the time constraints referred to in condition 1 above before any development is commenced.

Reason: To enable the Local Planning Authority to control the development in detail and to comply with Section 92 of the Town and Country Planning Act 1990 (as amended).

3 E01 None of the holiday accommodation hereby approved shall be used other than as holiday accommodation and none shall be used as a sole, main or permanent residence.

Reason: To ensure that the development remains for holiday purposes and to comply with Policies T1 (Tourism) and T3 (Holiday Accommodation) of the Isle of Wight Unitary Development Plan.

4 UR1 A comprehensive register of all occupants of the site shall be maintained giving details of names, home addresses and dates of occupation at the site and said register shall be available for inspection by the Local Planning Authority at reasonable notice.

92 Reason: To ensure the development remains for holiday purposes and to comply with Policies T1 (Tourism) and T3 (Holiday Accommodation) of the Isle of Wight Unitary Development Plan.

5 M10 No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved in accordance with the phasing plan required by condition 20. These details shall include proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (eg. furniture, play equipment, refuse or other storage units, signs, lighting, etc); proposed and existing functional services above and below ground (eg. drainage power, communications cables, pipelines, etc, indicating lines, manholes, supports, etc); retained historic landscape features and proposals for restoration, where relevant.

Reason: To ensure the appearance of the development is satisfactory and to comply with Policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.

6 M12 No development shall take place until a scheme of landscape implementation and maintenance for a minimum period of five years has been submitted to and approved in writing by the Local Planning Authority. All hard and soft landscape works shall be carried out in accordance with the approved scheme. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority.

Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved design and to comply with Policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.

7 UR1 No lighting at the site shall be installed unless in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall indicate type, height and intensity of illumination and means of minimising light spillage.

Reason: In order to minimise environmental pollution and in accordance with PPS23: Planning and Pollution Control, in the interests of nature conservation and to accord with PPS 9:- Biodiversity and Geological Conservation.

8 J01 Development shall not begin until details of the design, surfacing and construction of any new roads, footways, accesses and car parking areas, together with details of the means of disposal of surface water drainage therefrom have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details and phasing scheme.

Reason: To ensure an adequate standard of highway access and drainage for the proposed dwellings and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.

9 J36 Development shall not begin until details of the junction between the proposed service road and the highway have been approved in writing by the Local Planning Authority and completed in accordance with approved plans no holiday units.

Reason: To ensure adequate access to the proposed development and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

10 J31 No building shall be occupied until the means of access thereto for pedestrians and cyclists has been constructed in accordance with the approved plans.

Reason: To ensure adequate safe provision of facilities for pedestrians and cyclists wishing to gain access to the site and to comply with Policy TR6 (Cycling and Walking) of the Isle of Wight Unitary Development Plan.

11 J30 No building shall be occupied until the means of vehicular access thereto has been constructed in accordance with the approved plans.

Reason: To ensure adequate access to the proposed development and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

12 K01 No building, unit of holiday accommodation or dwelling hereby permitted shall be occupied until space has been laid out within the site, drained and surfaced in accordance with details that have been submitted to and approved by the Local Planning Authority in writing for cars and bicycles to be parked, for vehicles to be loaded and unloaded and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition.

Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.

13 V01 No development shall take place until a scheme for the drainage and disposal of surface water from the development hereby approved has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented in accordance with the approved phasing before any holiday or residential unit hereby permitted is first occupied.

Reason: To ensure that surface water run-off is satisfactorily accommodated and to comply with policies G6 (Development in Areas Liable to Flooding) and G7 (Development on Unstable Land) of the Isle of Wight Unitary Development Plan, in the interests of nature conservation and to accord with PPS 9:- Biodiversity and Geological Conservation.

94 14 V24 No development approved by this permission shall be commenced until a scheme for the provision and implementation of foul drainage works has been submitted to and approved in writing by the Local Planning Authority and thereafter the approved scheme shall be implemented in accordance with the agreed phasing of the development.

Reason: To minimise the risk of pollution and to comply with Policy P1 (Pollution and Development) of the Isle of Wight Unitary Development Plan, in the interests of nature conservation and to accord with PPS 9:- Biodiversity and Geological Conservation.

15 V12 Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstanding shall be passed through an oil interceptor that has been constructed in accordance with details submitted to and approved in writing by the Local Planning Authority. Roof water shall not be permitted to pass through the interceptor.

16 P22 The developer shall afford access at all reasonable times to any archaeologists nominated by the Local Planning Authority and shall allow them to observe all groundwork and to record items or features of archaeological significance and finds.

Notification of the opening up and information as to whom the archaeologist should contact on site shall be given in writing to the address below (or to any alternative address notified to the developer by the Local Planning Authority) not less than fourteen days before the commencement of any work:

County Archaeologist County Archaeological Centre 61 Clatterford Road Carisbrooke Newport Isle of Wight PO30 1NZ

Reason: In order to ensure access by specified archaeologists during the permitted operations and to comply with Policies B9 (Protection of Archaeological Heritage) and B10 (Parks and Gardens and Landscapes of Historic Interest) of the Isle of Wight Unitary Development Plan.

17 UR1 The marine retail building hereby approved shall be limited to the retailing of marine related goods only except for a maximum of 25% of the floor area which may be used for the retailing of convenience goods related to the occupation of the Harbour as a holiday centre and no goods unrelated to the

95 use of the site as holiday accommodation shall be sold.

Reason: The site is outside any designated town centre where retail uses would not normally be approved and in accordance with Policy R2 (New Retail Development) and PPS6 (Planning for Town Centres). 18 UR1 The industrial building hereby approved shall be limited to marine related industrial use only and not for any other uses included within Use Class B2 without the prior written consent of the Local Planning Authority.

Reason: The site is in an area where general industrial uses would not normally be approved and in compliance with Policy D7 of the Isle of Wight Unitary Development Plan.

19 UR1 The application for approval of reserved matters submitted pursuant to this outline permission shall include a Timing/Phasing Plan of the development.

Reason: To ensure the development progresses in a sequence which is sustainable and reduces potential impacts on features of sensitive nature conservation value in accordance with PPs (- Bio diversity and Geological Conservation.

20 UR1 Prior to the commencement of development a mitigation strategy for the relocation of reptiles at the site shall be formulated and agreed in writing with the Local Planning Authority. The approval plan shall be implemented strictly in accordance with the agreed details at each of the relevant phases prior to commencement of that relative phase.