PAPER B

ISLE OF WIGHT COUNCIL PLANNING COMMITTEE - TUESDAY, 9 JUNE 2015

REPORT OF THE HEAD OF PLANNING AND REGULATORY SERVICES
WARNING
1. THE RECOMMENDATIONS CONTAINED IN THIS REPORT OTHER THAN PART 1
SCHEDULE AND DECISIONS ARE DISCLOSED FOR INFORMATION PURPOSES
ONLY.
2. THE RECOMMENDATIONS WILL BE CONSIDERED ON THE DATE INDICATED
ABOVE IN THE FIRST INSTANCE. (In some circumstances, consideration of an
item may be deferred to a later meeting).
3. THE RECOMMENDATIONS MAY OR MAY NOT BE ACCEPTED BY THE
PLANNING COMMITTEE AND MAY BE SUBJECT TO ALTERATION IN THE LIGHT
OF FURTHER INFORMATION RECEIVED BY THE OFFICERS AND PRESENTED
TO MEMBERS AT MEETINGS.
4. YOU ARE ADVISED TO CHECK WITH THE PLANNING DEPARTMENT (TEL:
821000) AS TO WHETHER OR NOT A DECISION HAS BEEN TAKEN ON ANY
ITEM BEFORE YOU TAKE ANY ACTION ON ANY OF THE RECOMMENDATIONS
CONTAINED IN THIS REPORT.
5. THE COUNCIL CANNOT ACCEPT ANY RESPONSIBILITY FOR THE
CONSEQUENCES OF ANY ACTION TAKEN BY ANY PERSON ON ANY OF THE
RECOMMENDATIONS.
Background Papers

The various documents, letters and other correspondence referred to in the Report in
respect of each planning application or other item of business.
Members are advised that every application on this report has been considered
against a background of the implications of the Crime and Disorder Act 1998 and,
where necessary, consultations have taken place with the Crime and Disorder
Facilitator and Architectural Liaison Officer. Any responses received prior to
publication are featured in the report under the heading Representations.
Members are advised that every application on this report has been considered
against a background of the implications of the Human Rights Act 1998 and,
following advice from the Head of Corporate Governance and Monitoring Officer,
in recognition of a duty to give reasons for a decision, each report will include a
section explaining and giving a justification for the recommendation.

LIST OF PLANNING APPLICATIONS - REPORT TO COMMITTEE - 9 JUNE 2015

01

P/01485/14 TCP/25098/C

Page 5

Flowers Brook, Steephill Road, Ventnor,

Isle of Wight

Ventnor

Conditional
Permission

Whippingham

Conditional
permission

Outline for onshore elements for

Perpetuus Tidal Energy Centre including
substation/control room and associated
parking, cabling and site levelling works
(revised details relating to site access;
additional information relating to trees,
ground conditions, site selection
process, means of access and
electro-magnetic fields relating to
sub-stations)(additional information and
plans relating to the layout and design
options for the proposed substation and
control room) (further re-advertised
application)
02

P/00102/14 TCP/01419/U

Page 53

Folly Works, Folly Lane, East Cowes,

Isle of Wight
Proposed mixed use development
comprising hotel and associated
infrastructure; formation of jetty; creation
of new access road with junction to
Beatrice Avenue and works to Folly
Lane; construction of 14 business units,
shop and cafe, river users facilities;
ecological enhancement and mitigation
works including works to foreshore;
construction of residential development
comprising 82 houses and a building
containing 17 apartments (99 dwellings
in total)
Further environmental information
received in respect of ecological,
heritage and highway matters in
accordance with Regulation 22(1) of the
Town and Country Planning
(Environmental Impact Assessment)
Regulations 2011.
Additional and revised information
relating to: Hotel design and layout;
Residential design and layout; Computer
generated images; Response to other
2

matters raised following initial

consultation. (Re-advertised application)
03

P/01604/13 TCP/31727

Newport

Conditional
Permission

Ventnor

Conditional
permission

Page 126 Land adjacent to 70 and rear of 97 to

103, Alvington Manor View, Newport,
Isle of Wight
Proposed construction of 22 dwellings
with parking, landscaping, vehicular
access and provision of link to cycle path
(revised layout, additional information
relating to site drainage and flood risk
and revised information relating to
ecology) Revised plans relating to the
layout and bedroom numbers for
proposed houses, additional information
relating to ecology and flood risk, details
of surface water drainage (further
re-advertised application)
04

P/00425/15 TCP/01203/F

Page 148 Site of former St. Margarets Primary

School and part of adjoining industrial
estate, Newport Road, Ventnor, Isle of
Wight
Demolition of buildings; proposed new
secondary school with associated
landscaping, parking, fencing and hard
and soft play areas (revised plans)
05

P/00187/15 TCP/32118/A

Nettlestone and Conditional

Seaview
Permission

Page 172 The Salterns Village Cottages, Salterns

Road, Seaview, Isle of Wight
Retention and completion of works
associated with change of use of games
room to a mixed use Class A3 restaurant/cafe and Class A4 - drinking
establishment; raised deck area

06

P/01742/11 TCP/07601/G

Newport

Conditional
Permission

Page 187 Nabab Restaurant, 84 St. James Street,

Newport, Isle of Wight
Retention of extraction system ducting
3

and walkway with guardrail (Revised

plans)
07

P/00298/15 TCP/06235/J

Bembridge

Conditional
Permission

Sandown

Conditional
Permission

Bembridge

Conditional
Permission

Page 195 33 Foreland Fields Road, Bembridge,

Isle of Wight
Retention of replacement decking
08

P/00179/15 TCP/20177/D

Page 202 Sandown Bowling Club, Sandham

Grounds, Culver Parade, Sandown, Isle
of Wight
Demolition of clubhouse; proposed new
clubhouse; construction of 2.4m high
boundary fencing; installation of timber
posts to define parking spaces for
bowling club (revised plans) (revised
description) (re-advertised application)
09

P/01479/14 TCP/24400/F

Page 210 Former Bembridge C of E School,

Steyne Road, Bembridge, Isle of Wight
Demolition of buildings; construction of 5
pairs of semi-detached dwellings and
terrace of 3 dwellings; associated
parking and landscaping (application
considered a departure) (revised plans)
(re-advertised application)

01

Reference Number: P/01485/14 - TCP/25098/C

Parish/Name: Ventnor - Ward/Name: Ventnor West
Registration Date: 12/12/2014 - Outline Planning Permission
Officer: Russell Chick Tel: (01983) 823552
Applicant: Perpetuus Tidal Energy Centre Limited
Outline for onshore elements for Perpetuus Tidal Energy Centre including
substation/control room and associated parking, cabling and site levelling
works (revised details relating to site access; additional information
relating to trees, ground conditions, site selection process, means of
access and electro-magnetic fields relating to sub-stations)(additional
information and plans relating to the layout and design options for the
proposed substation and control room) (further readvertised application)
Flowers Brook, Steephill Road, Ventnor, Isle of Wight
This application is recommended for approval of planning permission for
options 2, 2a and 2b but refusal for option 1

REASON FOR COMMITTEE CONSIDERATION

This application is accompanied by an Environmental Statement. Therefore, in
accordance with the Councils constitution this planning application has been referred
to the Planning Committee for consideration.

MAIN CONSIDERATIONS

Principle of the proposed development

Sequential site assessment
Whether the design and appearance of the development would be acceptable in
relation to the character and appearance of the surrounding area
Impact on nearby properties
Ecology and trees
Archaeology
Highway considerations
Land stability
Flooding and drainage issues
Other matters

1.

Details of Application

1.1.

Outline planning permission is sought to construct a substation and

temporary construction compound/ site storage area. The development
would be used in connection with a proposed offshore renewable energy
facility, which would include up to 60 tidal devices of varying designs
arranged in 6 berths and capable of generating between 0.1 to 6MW per
year. The development would allow the candidate devices to be tested in

real world conditions so that their operation and marine impacts could be
researched and then be developed. The renewable energy development
would generate up to 30MW of electricity per year and this would be exported
to the national grid via the proposed substation. The development would
have a 25 year lifespan. The application for the offshore elements of the
development is being considered by the Marine Management Organisation
(MMO). As a result, this outline planning application only relates to the
onshore elements of the development and so the impacts associated with
offshore works are not to be considered.
1.2

Matters relating to the layout and access for the development are to be
considered at this stage of the application, with scale, detailed appearance
and landscaping left for the reserved matters stage. The submitted plans
show two potential locations for the development within the site. The first
would involve placing the substation to the south of an existing Southern
Water pump station and the associated temporary construction compound
either within the area of open space within Flowers Brook or within the
curtilage of the former campsite to the west. The second option would involve
locating the substation within the northern section of the former campsite,
adjacent to Steephill Road.

1.3

The submitted plans show three potential design solutions for the sub-station.
The first would be a simple rectangular building with a gabled roof. The
substation would measure 7m in depth with eaves that would overhang the
elevations by 0.7m. The substation would measure 24m in width, 3.6m to
eaves level and 6.8m in height to the ridge of the roof. Elevations would be
finished with brick and the roof with clay tiles. Elevations would comprise
limited fenestration, with simple double doors and windows. The substation
would comprise switch rooms, a control room and staff facilities. The
substation would comprise external transformers for both options 1 and 2 and
these would be situated within an enclosed equipment compound. The
location and dimensions of the compound and external equipment would
differ between the two options and the differences between the two proposed
layouts are explained in detail below.

1.4

The second and third design approaches would relate to option 2. Both would
comprise simpler, flat roofed buildings and these are referred to as options
2A and 2B. Option 2A would comprise separate substation and control rooms
with a 15.4m wide external equipment compound located between the two
buildings. The substation would measure 16m in width, 7.4m in depth and
4.5m in height. The control room would measure 8.9m in width, 7.5m in depth
and 3.6m in height. Elevations would be finished with brick. The southern of
the external equipment compound would be formed by a 5m high brick wall
while the northern roadside boundary would comprise a mesh fence.

1.5

Option 2B would comprise a similar design solution to option 2A, with

separate flat roofed, brick built substation and control room buildings. The
substation building would be a long, narrow rectangular building that would
itself be split into two sections. The first would measure 5.6m in width, 4m in
depth and 4.5m in height. The second section would replicate the depth and

height of the first but measure 23m in width. A 5m gap would separate the
two sections and allow access to the external equipment compound, which
would be situated behind the substation. The control room would be located
to the east of the equipment compound and mirror the design and scale
shown for option 2A. All options for the development would be accessed via
an existing gateway that serves the former Flowers Brook campsite.
1.6

Regarding layout, Option 1 shows that the proposed substation would be

located 12m to the south of the existing Southern Water pumping station,
40m to the south of Steephill Road and adjacent to the north western
boundary of the Flowers Brook area of open space. The substation would be
aligned on an east-west axis with the related equipment compound located
alongside the northern elevation of the building. The compound would
measure 7m in depth and 24m in width and comprise a range of
transformers, two shipping containers that would house further equipment
and a steel equipment cabinet. The containers would measure 2.4m in depth,
4.2m in width and 2m in height while the steel cabinet would measure 2m in
depth, 2.4m in width and 2m in height.

1.7

The submitted plans relating to option 1 show two options for temporary
construction compounds. These would be required for the construction phase
of the development, which would take between 12 to 18 months to complete.
The first option would be to locate the compound to the west of the
substation at a point 18m south of Steephill Road within the grounds of the
former Flowers Brook campsite. The second option for the construction
compound would be located within the northern half of the Flowers Brook
area of open space, 29m south of the Southern Water pumping station. The
dimensions and layout for either of the proposed compounds would be
identical. Each would measure 33m in depth, 25m in width and comprise a
site office, staff facilities, a site storage area and a turning area for
construction vehicles. The first compound would be accessed via an existing
service road that serves the nearby pumping station while the second option
would require the construction of a temporary extension to the service road,
which would lead south east for a length of some 70m, passing to the south
of the existing pumping station and through an existing set of gates that lead
to the open space.

1.8

The plans also show a possible expansion area for the construction
compound, which would be located immediately to the south of Steephill
Road and 23m north west of the existing Southern Water pumping station.
The compound would measure 9m in depth and 38m width.

1.9

Layout of option 2, this shows that the proposed substations (there are three
sub-options as described above) would be located adjacent to the northern
boundary of the site, alongside Steephill Road. The larger, rectangular
substation would be aligned on an offset east-west axis with the main
elevation facing south. The proposed substation would be situated 36m to
the west of the existing Southern Water pumping station and comprise an
external equipment compound that would measure 9m in depth and 13.3m in
width. The compound would be located alongside the eastern elevation of the

substation, be enclosed by security fencing and comprise a range of

transformers, a shipping container that would house further equipment and a
steel equipment cabinet. The container would measure 2.4m in depth, 4.2m
in width and 2m in height while the steel cabinet would measure 2m in depth,
2.4m in width and 2m in height.
1.10

Options 2A and 2B would comprise a larger footprint due to the separation of

the buildings. The area of the substation, control room and equipment
compound would measure 45m in width and 9m in depth and this would be
located 23m to the east of the access to the former campsite. The control
room would be located within Southern Water pump station compound, 7m
north west of the pump station.

1.11

The temporary construction compound relating to option 2 would be located

6m south of the proposed substation. The compound would reflect the
dimensions for that shown for option 1 and measure 33m in depth, 25m in
width and comprise a site office, staff facilities, a site storage area and a
turning area for construction vehicles. This option would not require any
further access roads to be constructed, given that the buildings and
compounds would be located either side of the existing access road that
serves the Southern Water pumping station. Four car parking spaces and
two LGV parking spaces would be provided to the west of the proposed
substation, adjacent to the site access.

1.12

The proposed substation would be linked to the offshore renewable energy

development via buried cables. The submitted information states that three
potential techniques are being considered for the installation of the proposed
cables. The first would be to dig trenches that would run from the proposed
substation to transition pits that would be located at Castle Cove to the south
west. Two potential routes for the cables have been proposed dependant on
which of the two proposed substations would be built, however in each case
the cables would terminate at Castle Cove. The trenches would be backfilled
and the land restored to its previous state once the cables were completed.
The two transition pits would measure 8m in depth and 4m in width and once
completed, would be backfilled with only a manhole cover showing at surface
level.

1.13

The second technique would be to install the cable into an existing Southern
Water outfall pipe, which runs from the existing Flowers Brook pumping
station, south, exiting 90m from the shoreline. The proposed cable would
emerge on the landside adjacent to the proposed substations. The final
technique would be Horizontal Direct Drilling (HDD). This technique would
not require any trenching and instead, three 0.7m diameter ducts would be
drilled adjacent to the proposed substations and emerge at seabed level at
distances between 200m to 900m from the shoreline.

2.

Location and Site Characteristics

2.1

The application site is located adjacent to an area of the coastline that is 1km
to the west of Ventnor and to the south of Steephill Road. The site extends to

an area of 3.2ha and encompasses the former Flowers Brook campsite, an

area of public open space and a Southern Water pumping station. The
application site is located within an area of Ventnor that provides a transition
between development to the east and the less developed areas of coastline
and the Undercliff to the west. The area of land to the south of Steephill Road
is characterised by areas of open space and coastal headland with pockets
of low density residential development. Houses tend to be set within large
plots that are well landscaped and that back onto the coastal cliffs. The land
undulates but generally slopes to the south and the coastline is formed by
high cliffs or steep slopes.
2.2

The land to the north of Steephill Road is more residential in character and
laid out in a more rigid pattern. This area once formed the grounds of
Steephill Castle, which were developed in the late 20th Century to comprise
rows of modern bungalows and houses set within terraced areas of the slope
of the Undercliff. Development aligns the narrow service roads within the
area. Properties generally face south and are located within spacious plots
surrounded by a mix of woodland and landscaping.

2.3

The application site is formed by three distinct components. The first is the
western most area of the site, which includes the grounds of the former
Flowers Brook campsite. This area of land includes a detached dwelling,
which is adjacent to the highway, low level sheds and structures that align
Steephill road and a large curtilage to the south and east that is kept as
mown grass. This area of the site slopes gradually south from Steephill Road
before rising again towards the coastal cliffs. The boundaries of the site are
enclosed by a mix of scrubby hedges, walls and a high landscaped bank
which aligns Steephill Road.

2.4

The former campsite adjoins the large area of public open space to the east.
This is formed by a triangular depression within the landscape, which slopes
steeply from west to east before levelling out. The open space extends to the
coastal slope and a public right of way runs alongside the southern and
western boundaries. The area is accessed via a steep concrete track that
leads onto Steephill Road. A narrow brook runs alongside the eastern
boundary of the site, which is aligned by a steep tree lined embankment that
curves round to the south east. The open space is laid to grass and is highly
attractive, providing relief from the areas of coastal slope and woodland,
allowing scenic views of the Undercliff and the English Channel.

2.5

The final section of the site is located to the north of the open space within a
level plateau that is to the east of the former campsite. This area is formed by
a rectangular plot of land that sits hard against the highway and below its
embankment. This area is occupied by a Southern Water pump station,
which is a rectangular single storey building with a gabled roof. Elevations
are simple and finished with brown brick. The roof is finished with clay tiles
and includes timber bargeboards. The building blends into a backdrop of
trees and landscaping and in the foreground is an attractive natural stone
wall, which forms the northern boundary of the open space.

2.6

Immediately to the west of the site is a cluster of residential properties while

60m to the east and at an elevated level is a detached chalet bungalow that
overlooks the open space.

3.

Relevant History

3.1.

P/00253/56 - Certificate of Lawfulness for continued use of land for

permanent holiday caravans in accordance with planning permission
TCP/7731/D and owners living accommodation in Flowersbrook House
(revised description) Lawful Development Certificate issued 3rd May 2006

3.2

TCP/7731/L Building to house pumping station Granted planning

permission 20th March 1996

4.

Development Plan Policy

National Planning Policy

4.1.

National Planning Policy Framework (NPPF) constitutes guidance for local

planning authorities and decision-takers both in drawing up plans and as a
material consideration on determining applications. At the heart of the NPPF
is a presumption in favour of sustainable development.

4.2

The NPPF includes several sections which are of direct relevance to the
application. Section 10 of the NPPF sets out the Governments objectives
for meeting the challenge of climate change, in which the planning system
has a key role in supporting the delivery of renewable and low carbon energy
and associated infrastructure. Paragraph 98 states that:
When determining planning applications, local planning authorities should:

4.3

Not require applicants for energy development to demonstrate the

overall need for renewable or low carbon energy and also recognise
that even small-scale projects provide a valuable contribution to cutting
greenhouse gas emissions.
Approve the application (unless material considerations indicate
otherwise) if its impacts are (or can be made) acceptable.

Section 11 of the NPPF sets out the objectives for conserving and enhancing
the natural and local environment. These aims include:

Protecting and enhancing valued landscapes, geological conservation

interests and soils.
Recognising the wider benefits of ecosystems.
Minimising impacts on biodiversity and providing net gains in
biodiversity where possible.

Section 11 also states that great weight should be given to conserving

landscape and scenic beauty in National Parks, the Broads and Areas of

10

Outstanding Natural Beauty, which have the highest status of protection in

relation to landscape and scenic beauty.
4.4

In addition, section 11 states that when determining planning applications,

local planning authorities should aim to conserve and enhance biodiversity by
applying the following principles; including:

If significant harm resulting from a development cannot be avoided,

adequately mitigated, or as a last resort, compensated for, then
planning permission should be refused.
Proposed development on land within or outside a Site of Special
Scientific Interest likely to have an adverse affect on a Site of Special
Scientific Interest (either individually or in combination with other
developments) should be refused.
Planning permission should be refused for development resulting in the
loss or deterioration of irreplaceable habitats, including ancient
woodland and the loss of aged or veteran trees outside ancient
woodland unless the need for, and benefits of, the development clearly
outweigh the loss.

Local Planning Policy

4.5

The Island Plan Core Strategy identifies the application site as being located
within the wider rural area but that part of the site is adjacent to the
settlement boundary for the Ventnor Smaller Regeneration Area. The site is
adjacent to the Ventnor conservation area, a Site of Importance for Nature
Conservation (SINC) and 70m north of the South Wight Maritime Special
Area of Conservation (SAC). The site is located 390m to the east of the Rew
Down and Compton Chase to Steephill Cove SSSI. The area of the proposed
substation and construction compounds is 130m east of the AONB and 285m
east of the Heritage Coast. The landfall area for the export cables is 41m to
the east of the AONB and 206m from the Heritage Coast. The northern
boundary of the site is covered by a Tree Protection Order (TPO).

SP1 - Spatial Strategy Defines the area within which development

should take place on the Island. Supports development on appropriate
land within or immediately adjacent the defined settlement boundaries
of the Key Regeneration Areas, Smaller Regeneration Areas and Rural
Service Centres. Land outside of these areas is within the Wider Rural
Area, where development will not be approved unless a specific local
need is identified.

SP5 - Environment Supports proposals that protect, conserve and /

or enhance the Islands natural and historic environments, and protect
the integrity of international, national and local designations. All
development proposals will be expected to take account of the
environmental capacity of the area to accommodate new development.
Development which has a demonstrable adverse impact on the
Islands natural, historic and built environments should be avoided.

11

5.

SP6 States that a range of renewable energies will be encouraged

across the Island to meet its target of 100MW installed capacity as the
on-shore contribution to becoming self-sufficient in renewable energy
production. The policy notes that a range of new technologies are likely
to emerge and that these will be considered on their own merits in line
with national planning policy and the policies of the Core Strategy.

DM2 - Design Quality for New Development Gives support to

proposals for high quality and inclusive design to protect, conserve and
enhance the existing environment whilst allowing change to take place.
Proposals will be expected to provide an attractive, functional and
adaptable built environment, optimise the potential of the site taking
into account constraints, be appropriately landscaped and compliment
the surrounding area.

DM11 - Historic and Built Environment Supports proposals that

positively conserve and enhance the special character of the Islands
historic and built environment. The demolition or substantial harm to
designated heritage assets and their settings which make a positive
contribution to the special character and/or local identity of an area, will
be resisted.

DM12 Landscape, Seascape, Biodiversity and Geodiversity: States

that the Council will support proposals that conserve, enhance and
promote the landscape, seascape, biodiversity, and geological interest
of the Island. Development proposals will be expected to protect the
integrity of international, national and local designations relating to
landscape, seascape, biodiversity and geodiversity.

DM14 Flood Risk: States that the Council will expect development
proposals to reduce the overall local risk of flooding on the Island.

DM16 Renewables: States that the Council will in principle support

proposals for the utilisation, distribution and development of renewable
sources of energy. The policy outlines the information that will be
required to support applications for renewables.

Consultee and Third Party Comments

Internal Consultees

5.1

The Councils Environmental Health Officer has concluded that the

development would result in no affect as a result of electro-magnetic fields
(EMF). The Councils Environmental Health Officer has raised no objection to
the construction phase but has advised that construction hours should be
restricted to 08:00 to 18:00 hours Mondays to Fridays and 08:00 to 16:00
hours on Saturdays. The Environmental Health Officer raised no objection in
relation to operational noise but has advised the submission of a noise
management plan.

12

5.2

The Councils Archaeology Officer has advised that based on the current
available data there is no known archaeological deposits which would
preclude development at the site. The Officer has advised that the application
can progress through the outline stage with the archaeological impact being
considered via the reserved matters stage of the application. At that point the
applicant would be required to provide a detailed location of the scheme, with
a full archaeological evaluation of the route and an appropriate mitigation
strategy before the scheme commences.

5.3

The Councils Principal Coastal Engineer has concluded that the submitted
ground report shows that the applicant understands the issues of land
stability that affect the site. The Coastal Engineer has noted that the
proposals are in outline and has advised that detailed designs will be
required at the reserved matters stage. However, given the level of
investigation and understanding that the developer has shown the Coastal
Engineer has concluded that it is likely that the final designs will address
ground stability concerns.

5.4

The Councils Ecology Officer has raised no objection to the proposed

substation and temporary construction compounds and has confirmed that all
habitat surveys undertaken in relation to this application are suitable and aid
a robust assessment of the proposals. In particular, the Ecologist has
confirmed that bat surveys have enabled the applicants ecologist to devise
an appropriate construction strategy in order to avoid impacts on foraging
and commuting bats and that the applicants updated badger report provides
a suitable strategy which confirms the functionality of any mitigation
measures which may be required whilst also providing a reactive strategy
should the status of badgers on-site change between now and works
commencing. The Ecology Officer has advised that whilst the exact details of
the strategy have not been secured, the current report provides an element
of flexibility in order to ensure that any mitigation strategy implemented is fit
for purpose.

5.5

The Councils Tree Officer has noted that revised plans have been submitted
in order to limit the impact to the high amenity Holm Oak tree. All of the plans
show that the parking areas have been moved out from under the tree to a
differing extent, with the exception of Option 2, drawing 29. This could
increase the scale of impact to the tree as opposed to limiting it, the reason
for this being the positioning of the Control Room beneath the canopy. The
Tree Officer has reasoned that of the other two options, Option 2B, drawing
47 would have the least impact but that it would still be necessary to use a
cellular confinement system where the parking spaces encroach in to the
trees R.P.A.
The Tree Officer noted that the access road has been moved across from the
Holm Oak which would limit impact. However the plans state that the first 15
metres of the road will be metalled and where it crosses the R.P.A, a cellular
confinement system will be used and this seems a little ambiguous. The
reason being it is the majority of the 15 metres crosses the R.P.A. In this

13

area a non-dig methodology will be required and the use of a cellular

confinement system needed. This should be noted in any permission given
and ensured by the use of conditions
External Consultees
5.6

The Environment Agency has confirmed no objection to the development and

has confirmed that the proposed works would not affect the tidal defences in
the area. The Agency has confirmed that flood defence consent would be
required for the proposed works to form the cable route.

5.7

The Isle of Wight Gardens Trust has advised that Flowers Brook is part of the
former Steephill Castle landscaped gardens and a local list site. The Garden
Trust commented that any proposals that would not serve to enhance the
historic designated landscape should be avoided and concluded that the
development would result in both temporary and long-term detrimental
impacts on the site and that they cannot be justified. However, the Garden
Trust advised that option 2 would have a minimal and acceptable impact on
the historic garden.

5.8

Natural England has confirmed no objection to the proposed development

and concluded that that it would not be likely to result in a significant effect on
the interest features for which the nearby SSSI and SAC sites are
designated. Natural England has advised that all reasonable precautions
should be taken to prevent pollutants from entering the adjacent inter-tidal
area and to prevent machinery from being stored within the SAC.

5.9

The Highway Engineer from Island Roads on behalf of the Highway Authority
raised no objection to the development and confirmed that the proposed
access arrangements would meet the required design standards. The
Engineer also confirmed that sufficient space would exist on site for vehicles
to enter, park and leave the site in a forward gear. The Engineer advised that
the amount of traffic associated with the development would not result in a
negative impact on the highway network.

5.10

The AONB Partnership commented that option 2 would be a preferred option,

given the character of the site and surrounding area. The AONB Partnership
reasoned that option 2 would be virtually unseen due to the road level and
existing screening and that when seen from the nearby footpaths, the
development would be set back against a wall and existing buildings.
However, the Partnership concluded that the option 1 development would be
on rising ground that is further into the site and therefore, prominent and
imposing.
Parish/Town Council Comments

5.11

Ventnor Town Council has objected to the proposed development for the
following reasons:

There is a lack of detail relating to the five on-shore options for the
development and why the Flowers Brook site is preferable
The public consultation focussed on the off-shore development and not

14

the on-shore proposals

Flowers Brook is an environmentally sensitive site and important to
recreation and tourism
Neither option 1 or 2 is acceptable
Option 1 would have a significant visual affect due to the size of the
building and the industrial character of the fencing
Tree planting would not have a mitigating affect until halfway through
the lifetime of the development
Option 2 would be unnecessarily high
If the developer can show that the Flowers Brook site is the only
suitable option then a re-designed building closer to the existing
sub-station would be more affectively shielded from the surrounding
area
If approved, it is essential that a condition is attached requiring the
building to be demolished after 20 years
Options 2a and 2b fail to make the most of screening

Third Party Representations

5.12

The Council has advertised this application on three occasions due to the
receipt of revised plans and additional information. During the first
consultation the Council received 184 letters of objection and two letters of
support, 68 objections and 5 letters of support during the second consultation
and 29 letters of objection and 2 letters of support during the final
consultation. The objections and reasons for support included within
comments can be summarised as follows:

A further sub-station in this area would destroy the historic, scenic and
landscape character of Flowers Brook/ impact on the adjacent AONB
and SSSI
Impact of light pollution
The area is well used by walkers and tourists and is an important area
of open space
Flowers Brook has only recently been improved
Disturbance caused by noise and construction vehicles
The development would be visible from the coastal footpath
Impact of the proposed development on health
Impact of noise on nearby properties
Impact of electromagnetic energy and dust particles
The proposed building would appear out of keeping with the residential
character of the area
The impact on the conservation area should be assessed
The Island Plan states that development should enhance the character
and context of an area/ the proposal does not comply with the Island
Plan
Previous applications for housing on this site have been refused
Impact on trees within the site/ lack of a tree survey
The site hedges would need to be reduced for the access and this
would expose the sub-station
The development would generate additional traffic in an area that is

15

5.13

busy during the tourism season

Precedent for industrial style development on this and other sites
Other sites should be reconsidered/ why not use the existing Ventnor
industrial site
The works to the cliff could result in instability/ Policy DM15 states that
development should not take place where coastal protection is required
Impact on the stability/ integrity of existing coastal defence works at
Castle Cove
Impact on the stability of the highway
Flowers Brook includes the remains of Bronze Age skeletons
Impact on wildlife, fauna and flora
Impact on the local fishing industry
The period for public consultation is too short/ lack of pre-application
consultation
There is a lack of detail to allow a judgement to be made
There is a conflict of interest in the Council determining this application
given its interest in the project
Impact on the slipway at Castlehaven
The existing sub-station provided an essential utility for the area and
cannot be used as a precedent for the current proposal
Option 1 would be visually intrusive
The protruding transformer would be visible from the whole Flowers
Brook area
Damage to the sewer pipe could result in sewage backing up into
gardens
The proposed use could compromise the nearby tourism site
Impact on surfing
Impact of flammable substances/ lack of space between equipment
Unreasonable closure of the public right of way
This is just the beginning of a larger development

Letter of support/ no objection

Potential for the Island to be a World leader in renewable technology

Provision of long-term skilled jobs
The proposed cables would be buried and the sub-station camouflaged
Most of the structures would not be visible
Future generations face an uncertain future unless climate change is
addressed
Renewable energy plays a large part in reducing climate change
The Island has a long history of working with the marine industry
The development would be located next to an existing substation and
the cables would not be visible
The strong currents around St Catherines are not found elsewhere on
the Island
The benefits outweigh concerns

16

6.

Evaluation
Principle

6.1

6.2

The planning application seeks consent for a substation and export cables that
would receive power generated by a proposed offshore renewable energy
development. In addition, the application seeks consent for temporary
construction compounds that would be required while the cables and
substation are built. The offshore development would be used to test and
develop tidal sources of renewable energy and any power generated would be
exported to the national grid via the proposed substation. Two options have
been provided for the substation, export cables and construction compounds.
The Island Plan Core Strategy gives support to new development within
defined settlement boundaries. The Core Strategy sets three key regeneration
areas (The Medina Valley, Ryde and the Bay), two smaller regeneration areas
and eleven rural service centres within which new development will be
expected to be directed. Areas outside of regeneration areas and rural service
centres will be considered to be the wider rural area where development will
be restricted unless a specific local need is demonstrated. While the
application site is located outside of a defined settlement boundary, the
northern section (the former camp site and Southern Water pump station) of it
is located adjacent to the settlement boundary for the Ventnor Smaller
Regeneration Area. The remainder of the site relates to the public open space
and coastal slopes and this area is outside of the settlement boundary.

6.3

Policy guidance relating to renewables is set out within policies SP6 and DM16
of the Island Plan Core Strategy. These policies specifically refer to
land-based technologies such as onshore wind, photovoltaics, waste and
biomass although SP6 accepts that a range of technologies will be required to
meet renewable energy targets. The Councils aim is that 100MW installed
capacity of onshore energy should be provided over the plan period with a
further 50MW delivered through smaller scale and domestic installations.
However, policy SP6 recognises that offshore energy could contribute in the
region of 50MW of energy by 2020 and that much of this would be sourced
from tidal stream energy, potential from a site to the south of the Island.

6.4

The Island Plans support for renewable sources of energy reflect a key
Government objective that cleaner and more secure energy sources are
delivered within the UK. Government advises that there should be significant
investment in renewables in order to move away from polluting sources of
energy but also to ensure that infrastructure is in place within the UK to deliver
the UKs energy requirements. Specifically, the Government has set targets to
cut 34 per cent in greenhouse gas emissions by 2020 and at least 80 per cent
by 2050. In 2010, renewables delivered 3.3 per cent of the UKs total energy
requirements and 6.7 per cent of the UKs electricity requirements.

6.5

The submitted plans show that the two substation options and all but one of
the proposed construction compound options would be located within the
former campsite, which is located adjacent to the settlement boundary. As a

17

result, these elements of the development would take place within a location
that is considered by the Island Plan to be suitable for additional development,
subject to site specific impacts. Therefore, given that both the former campsite
and pump station sites are immediately adjacent to the settlement boundary
and taking into account the local and national policy support given to
renewable sources of energy and associated infrastructure, it is considered
that the principle of these elements of the application would comply with
policies SP1, SP6 and DM16 of the Island Plan Core Strategy.
6.6

However, the remainder of the site is outside of the settlement boundary. The
submitted plans show that one of the options for a temporary construction
compound and each option for the proposed export cable routes would pass
through land that is outside of a defined settlement boundary and therefore
within the Wider Rural Area. Policy SP1 states that unless a specific local
need is identified, development proposals outside of, or not immediately
adjacent to the defined settlements will not be supported.

6.7

In this case, it is apparent that the proposed development would relate to the
infrastructure required for a renewable energy development that could deliver
a significant contribution towards renewable energy targets. The applicants
submitted information states that tidal energy is a clean, renewable and highly
predictable source of energy and that the proposals could deliver up to 30MW
installed capacity of renewable energy per year. This would be equivalent to
the energy needs of approximately 15,700 homes on the Island. It is
considered that the proposed development could generate a significant
proportion of the 50MW of offshore energy referred to within policy DM16 of
the Island Plan Core Strategy while providing a valuable contribution towards
reducing carbon emissions and the research and development of this sector of
the renewable energy industry. As a result, it is considered that the proposed
development would comply with the requirements of policies SP1, SP6 and
DM16, subject to the applicants sequential site assessment and the site
specific considerations outlined within the remainder of this report.
Sequential site assessment

6.8

Policy SP5 of the Island Plan states that development proposals will be
expected to take account of the environmental capacity of an area to
accommodate new development. Policy SP5 goes onto state that where a
development would result in significant harm to the Islands historic and built
environments, the Council will need to be satisfied that the development
cannot reasonably be located on any alternative sites that would result in less
or no harm. In this case, the applicants have acknowledged the environmental
designations that apply to the Islands southern coastline and have undertaken
a detailed sequential assessment of different sites that could potentially
support the onshore infrastructure in order balance the constraints for the
development and the environmental sensitivities of differing sites.

18

6.9

The proposed renewable energy development would be located 2.5km to the

south of St Catherines Point and the applicants sequential assessment states
that it is important that the proposed substation is located as close as possible
to landfall for export cables for the following reasons:
1. To minimise transmission losses
2. To reduce the number of cables laid onshore
3. To simplify control systems

The Council notes that the greater the distance between the offshore
development and the onshore substation, the less efficient the development
would become. According to the submitted information, it is preferable to retain
transition power losses to below 5 per cent in order to ensure the viability of
the development. In order to keep losses to a minimum it is important to
transform exported power to the 33kV level required for the national grid at the
earliest opportunity. In this case the proposed cables would export power at a
capacity of either 3-4MW or 6MW. The submitted information states that for
every 1km of additional cable, voltage drops by between approximately 50 to
80 volts. It is therefore apparent that the distance between the renewable
energy equipment and the onshore substation would influence the efficiency
and viability of the development. Given the above key requirements it is
apparent that the export cables and associated onshore infrastructure would
need to be located within the southern coastline of the Island and within close
proximity to the proposed offshore development.
6.10

One of the key issues for the landfall of the export cable is land/ coastal
stability. The applicants sequential assessment states that cable routes need
to avoid reefs, hard rocky strata, unstable cliffs and sensitive coastal habitats.
The sequential assessment states that few areas of the southern coast line
between St Catherines Point, Ventnor and Bonchurch would be suitable due
to the above issues. Given the requirements for the cable route, stability
issues and environmental sensitivities that sequential assessment identified
five different sites that were considered to be appropriate for the onshore
development assessment and these are as follows:
1.
2.
3.
4.
5.

6.11

Ventnor Haven
West Ventnor (the application site)
Niton
La Falaise Car Park, Ventnor
Old Park Road, St Lawrence

The sequential assessment also refers to the potential to provide the onshore
substation at the existing industrial estate that occupies the former railway
station and yard at Upper Ventnor. This site is a well-established and screened
industrial estate. This site includes an existing 11kV/ 33kV substation and it is
apparent that it would be a suitable location for industrial style buildings.
However, placing the substation in this location would increase the export
cable length by between 1.2 to 1.6km and result in significant losses in
efficiency for the development. Moreover, the export cable routes require a 3m
wide trench in order to provide sufficient space between cables in order to

19

prevent overheating and further loss of power. This would have significant
implications for the highway network given that trenches would be likely to
follow the highway network. As a result, it is considered that the use of the
upper Ventnor industrial site would not be practical.
6.12

The five chosen sites have been assessed in order to establish which would
be most suitable for the proposed development. Key issues taken into account
during site selection were environmental designations, the sensitivity of the
onshore area (including cultural heritage, other developments, proximity to
residences, amenity value and the AONB), land stability, connection to the
electricity grid, the offshore cable route, the availability of space for the
development and access, particularly for construction vehicles. In order to
compare the suitability of sites a matrix has been provide that apportions a
score of between 1 and 5 for each issue, with 1 being a preferable score.

6.13

Officers consider that the sequential assessment has taken into account a
suitable range of issues and that realistic scores have been apportioned to
each site/ issue. In addition, Officers have undertaken site visits to establish
whether any other suitable alternative sites could be used. However, it is
recognised that the length of the export cable is a key issue and that as a
result, the proposed onshore works would need to be within reasonable
distance of the landfall location for the cables. Officers have not identified any
further sites that would be suitable for the development.

6.14

The potential site to receive the least favourable score was at Niton. This site
would result in landfall at Castlehaven Lane. According to the applicants
assessment this site would not be suitable due to its location within the AONB,
Heritage Coast and a SSSI. In addition, the land within the area was found to
be unstable, there was a lack of space for development, cable routes would
have to pass through heavily designated areas and access would be poor.
Officers note that the site at Niton would provide the shortest offshore cable
route but that a far longer route would be required for 33kV cables to then
connect to the national grid. Moreover, the land and cliffs surrounding
Castlehaven and Reeth Bay is known to be unstable and there are examples
of houses within this location being badly affected by land movement.
Furthermore, construction vehicles would need to gain access via Niton, which
includes narrow streets whereby housing is hard against the highway.
Therefore, traffic could result in detrimental impacts on properties within Niton
and larger vehicles would be inhibited by the narrow and changing alignment
of the highway. Taking these issues and the environmental sensitivities of the
area into account, Officers therefore agree that this site is not appropriate for
the proposed development.

6.15

The sites at La Falaise and Old Park Road, Ventnor have been rated at 3 and
4 respectively and therefore, been considered as less preferable for the
proposed development. La Falaise is a Council owned car park and the
sequential assessment states that this site is within the conservation area,
within very unstable land and that the proposed development would result in a
loss of parking spaces. However, the offshore cable route would be possible
apart from the impact of the unstable land. Access to this location was

20

considered to be reasonable. In the case of Old Park Road, this area was
marked down due to its location within the AONB, a SSSI and Heritage Coast.
Furthermore, the assessment refers to unstable land, a lack of obvious
locations for the substation and a difficult sub sea route for the export cables.
Moreover, access has been assessed as being poor.
6.16

The Officer site inspection showed that the site at La Falaise is narrow and
devoid of space. The site is readily visible from the coastal footpath, which
runs alongside the south of the car park and it is noted that the development
would result in a loss of parking spaces. La Falaise is a popular car park for
visitors wishing to visit Ventnor seafront or to walk the coastal footpath and it is
considered that a loss of parking spaces would not be acceptable. Moreover,
Officers are of the opinion that access to the site for construction vehicles
would be poor, given the narrow and elevated nature of the highway network.
The site at Old Park Road is considered to be affected by constraints that are
comparable with Castlehaven at Niton. Old Park Road and the open coastal
land to the south is within the AONB and Heritage Coast due to its scenic
qualities and the Officer site visits showed that the area lacks suitable sites for
the proposed development due to landscape character. In addition, access to
this area would be difficult due to the alignment of public highways. As a result,
Officers agree that these sites would not be suitable for the proposed
development.

6.17

The final two sites considered are at Ventnor Haven and Flowers Brook.
Ventnor Haven is a narrow level car parking area to the east of Ventnor
Esplanade, backed by coastal cliffs. The sequential assessment
acknowledges that this site is outside of the AONB, Heritage Coast and SSSI
designations but notes that it is within the Ventnor conservation area.
Moreover, the assessment reasons that the cliffs close to the site are unstable
and could pose a threat to any proposed buildings. This site would require the
longest export cable route and the 33kV cable would need to be directed
through the centre of Ventnor. The assessment reasons that there would be
multiple options for buildings in the area and that access would be suitable.
However, the car park would need to be closed during the construction works,
which would take place for a period of 12 to 18 months.

6.18

Officers consider that the existing parking area adjacent to the cliffs could
provide a suitable location for the substation buildings depending on design
and scale. The area comprises marine style buildings and a Southern Water
pump station that has been designed to appear as a band stand/ viewpoint
and this has blended successfully with the nearby Victorian buildings within the
conservation area. Officers do not agree that the coastal cliff would represent
a serious threat to new buildings, particularly as the recently constructed
Cheetah Marine buildings have been sited successfully close to the cliffs.
However, it is considered that closure of the car park could result in a negative
impact to the nearby esplanade and beach. Furthermore, it is noted that this
site would require the longest subsea export cable route and that trenching the
land side cable route through the historic town centre may prove difficult and
disruptive. Therefore, the score attributed to this option is considered to be
realistic.

21

6.19

The application site has been selected because it was considered to be

sequentially preferable to the other four options. Good scores have been
attributed to designations because the site is not within the AONB, SSSI,
conservation area or the Heritage Coast. Moreover, the site is within a
relatively stable area of land, comprises an existing substation, comprises
space for development and would allow several landfall options for the export
cables. Access has been assessed as being good.

6.20

Officers agree that the site is not designated for landscape or biodiversity
reasons and that it is not within the conservation area. The site is
approximately 100m west of the AONB but adjacent to the conservation area
to the east. Whilst not within a site designated for biodiversity reasons, the
cable routes would need to pass through a SINC and SAC when making
landfall although this is a common requirement for all options due to the
designated nature of the coastline. However, it is noted that this site would
provide space for development options while being accessed via principal
highways and allowing a relatively short 33kV cable route. Officer site visits
have shown that the parts of the site are less visually intrusive and it is
apparent that several options would exist for provide landfall for the export
cables.

6.21

Given the above conclusions, Officers consider that the applicants sequential
assessment has been carried out correctly and that suitable weightings have
been applied to the considerations that have been assessed, apart from
access to La Falaise and the impact of closing the public car park to the east
of Ventnor Esplanade. Officers agree that due to landscape designations, land
stability issues and the need to limit the distance of subsea cables, the
onshore development would need to be carried out in a location within
reasonable distance of the offshore development. Officers are of the opinion
that based on a broadly desk based assessment of designations the
application site is sequentially preferable to the four alternative sites that have
been considered and that no suitable alternatives exist. However, it is
considered that the suitability of the chosen site to support the proposed
development must be assessed in detail. These detailed matters will be
assessed within the remainder of this report.
Whether the design and appearance of the development would be acceptable
in relation to the character and appearance of the surrounding area

6.22

The application site is located to the west of Ventnor, within an area that
comprises areas of scenic coastline and low density residential development.
The site itself is formed by a large area of public open space and a former
campsite and Southern Water pump station. The key issue relating to this
consideration is the impact of the development on the landscape character of
the area.

6.23

To support the planning application, the applicants have carried out a detailed
Landscape and Visual Impact Assessment (LVIA), which assesses the impact
of the proposed onshore development. The LVIA has been undertaken in

22

accordance with the relevant national guidance as set out within Guidelines for
Landscape and Visual Impact Assessment (GLVIA 3). Officers are satisfied
that the guidance has been followed, that the LVIA for the onshore
development is accurate and that it can be used to assess this planning
application.
6.24

The submitted LVIA assesses the landscape and visual impacts from identified
viewpoints and character areas by first assessing the sensitivity of the relevant
landscape area/ viewpoint and then balancing this with the magnitude of
change created by the development. To do so, the two topics are set out within
the following matrix:

Sensitivity
High

Magnitude
Substanti
al
Major

Medium

Major/
moderate

Low

Moderate

Negligible

Moderate/
Minor

Moderate

Slight

Major/
moderate
Moderate

Modera
te
Modera
te
minor
Minor

Moderate/
Minor
Minor

Minor

Negligibl
e
Moderate
/ minor
Minor

Minor
Minor

GLVIA 3 sets out agreed criteria on which the significant of affect should be
judged and the basis of establishing this. GLVIA 3 advises that the sensitivity
of a receptor should be established by considering its susceptibility to change
and its value. This is then compared to the magnitude of change/ affect
caused by the development. This is derived by assessing the size/ scale of
affect, duration and reversibility of affect attributed to the development. The
above matrix is considered to be in accordance with the GLVIA 3 guidance.
6.25

In this case, two options have been proposed for the location of the substation
with varying sub-options for design of the buildings, the associated cable
routes and temporary construction compounds. Each option will be assessed
separately below. It should be noted that the final design and scale for the
proposed development has been set aside for the reserved matters stage of
the planning application. As a result, the applicants have provided drawings
that depict the Realistic Worst Case Scenario for the development; that is to
say that the building and related equipment and compounds are shown at their
maximum height, width and depth.

6.26

Before assessing the proposed options it is important to set out the sensitivity
of the landscape surrounding the application site. The application site includes
a large area of open space and coastline that is devoid of development but set
within a backdrop of scenic coastal slopes and low scale development. The
area of the development is not designated for landscape reasons but is within
100m of the AONB (the landfall location for the export cables would be 41m
from the AONB). Nevertheless, the open space is attractive and forms an

23

undeveloped public park. The southern portion of the open space allows wide
vistas of the coastline towards Ventnor and St Catherines and the remainder
allows views of the English Channel and the Undercliff. GLVIA 3 advises that
the value of a landscape receptor will to some degree reflect landscape
designations but that there should not be over-reliance on designations as the
sole indicator of value. Furthermore, GLVIA states that the fact that a
landscape is not designated either nationally or locally does not mean that it
does not have any value.
6.27

In this case, the open space and coastline to the south west can be
considered to be in good condition. The open area is well managed and the
brook that aligns the eastern extent has been improved to provide a natural
water feature. It is considered that the open space has good scenic quality
given the vistas of attractive coastlines, the presence of the English Channel
and the backdrop of the Undercliff, which while developed, retains a semi-rural
character. Furthermore, the open space comprises archaeological remains
and is of obvious recreational value. The coastline to the south, including
Castle Cove is considered to fall into the same category, given the scenic
views of the coastline balanced with views of existing development and the
man-made coastal defences. As a result, Officers are of the opinion that the
open space is of medium sensitivity. This conclusion is consistent with that
contained within the applicants LVIA. This section of the report will first
consider the landscape and visual impact of the development, then the impact
of the proposed cable routes and finally the impact on designated areas.
Landscape and visual impact
Option 1

6.28

The submitted plans show that for option 1 the proposed substation and its
associated external equipment compound would be located 12m to the south
of the existing Southern Water pumping station and 40m to the south of
Steephill Road. Two potential construction compounds have been shown; the
first would be located within the Flowers Brook area of open space while the
second would be located within the former campsite to the west. A smaller
optional compound is also shown adjacent to Steephill Road.

6.29

The applicants LVIA concludes that the proposed development (Worst Case
Scenario) would result in a limited adverse affects on the landscape and that
these would not be significant because there would be no loss of notable
features and due to the substation being a relatively modest sized structure
that would be comparable in size to a dwelling. With respect to visual impact,
the LVIA has assessed the development from four specific viewpoints as well
as the nearby highway, coastal path and the settlement of Ventnor. For all
areas the LVIA concludes that visual impact would not be significant. The
visual impact assessment does not distinguish between the two options for the
development and this is considered to be a shortfall, because, as will be
outlined below, it is considered that the two options would result in differing
levels of impact. Furthermore, the LVIA gives little consideration to the
proposed temporary construction compounds.

24

6.30

Turning to landscape impact, it is apparent that the substation and one of the
potential options for the construction compound would occupy areas of the
landscape that would be exposed and readily visible. The submitted plans
show that the substation would be in an area of the site that is already
elevated above the boundary shared between the open space and former
campsite. The submitted information states that land levels would be raised
further to provide a level building area, which would result in the floor level of
the substation being 4m above the ground level of the Flowers Brook open
space. It should be noted that the substation shown within the submitted plans
is a worst case scenario and that detailed design, scale and micro siting would
be reserved matters. However, it is considered that the presence of a building
in this location, in an area that is clearly visible from the open space and
beyond the general building line for the area, would result in a greater level of
impact than that apportioned within the applicants LVIA.

6.31

Little justification has been given within the LVIA with respect to the
conclusions for landscape impact however, the visual section does refer to the
presence of screening, the domestic scale of the proposed substation and the
fact that only a small portion of the view would be affected. While the
substation would benefit from some of the existing screening that occupies the
boundary of the open space and the former campsite, it is noted that to
facilitate the development some of the trees and shrubs would need to be
removed. While mitigation screening could be provided, it is considered that
the presence of a large-scale building in an elevated and exposed position and
in an area that is well beyond the existing pattern of development for the area
would result in an urbanising impact on an area that appears open and scenic.

6.32

While the presence of the Southern Water pump station is noted, this building
is located further north and benefits from the backdrop of the high, wooded
roadside bank which is to the rear of the building. The backdrop of the bank
and the presence of screening assisting in reducing the impact of the pump
station and preventing its form from punctuating ridgelines viewed from the
open space. In contrast, the substation proposed for option 1 would punctuate
an elevated ridgeline in an area that is beyond the pattern of development in
this location. As a result, Officers consider that the introduction of a substation
and the associated equipment and enclosures would result in a moderate level
of impact within an area of the landscape that is of medium sensitivity to
change. Therefore, it is considered that this proposal would result in a
significant impact that would harm landscape character. Given that the
proposed substation would occupy this site for 25 years, this is considered to
be a long-term impact.

6.33

The proposed construction compounds would result in a temporary impact of

between 12 to 18 months. One of the construction compounds would be
located within the former campsite and it is considered that this would result in
a limited level of landscape impact. Because the former campsite dips away
from the open space and coastal slope, the compound would occupy a low
land level and benefit from the screening affects of landscaping and banks in
the foreground. Partial views of the compound would be possible from
Steephill Road, but these would be dappled by existing trees and short in

25

duration. The compound would comprise a large footprint but structures and
equipment within it would be low scale and it is noted that following the
completion of the construction phase, the land would be returned to its former
state. Therefore, the landscape impact of this compound would not be
significant.
6.34

Option 1 also shows that a smaller rectangular compound may be provided

alongside Steephill Road, within the north western section of the site. This
area of the site is partially screened and while the roadside bank is lower in
this location, the presence of screening and the low scale temporary nature of
the compound would prevent it from being harmful.

6.35

The final location for the construction compound for option 1 is shown to be
within the public open space. The compound would extend 33m into the open
space and occupy much of its most open and prominent area. This would
result in a significant incursion into the open area of landscape and change its
appearance from an attractive area of open space. Officers consider that the
landscape impact of this option would be major and while for a period of 12 to
18 months, result in a significant and harmful impact to a key and visual
prominent area of the open space. It is considered that given the potential for
an alternative and more acceptable location for the construction compound,
the use of the open space should be resisted.
Option 2

6.36

6.37

6.38

The submitted plans for option 2 show three sub-options for the proposed
substation. However, all three would be located alongside the northern
boundary of the site and to the west of the Southern Water Pump Station.
Again, the plans depict the worst case scenario for the development and as a
result, it should be noted that the final design and scale for the substation may
well be reduced.
The Officer site inspection showed that this area of the application site is well
screened from the open space and from Steephill Road. The presence of the
trees that surround the southern and western boundaries of the Southern
Water pump station would assist in screening the proposed substation from
the public open space. Furthermore, when seen from the open space, the
substation would be seen at a greater distance and within the backdrop of the
tree lined bank that forms the northern boundary of the site and in the context
of the existing dwellings within Steephill Road.
The roadside bank recedes in height to the west, however, at the point of the
proposed substation the bank would be of sufficient height to combine with
trees and the 2.4m high roadside hedge to satisfactorily screen the proposed
substation from Steephill Road and to provide a backdrop into which to
development would blend. While in the case of all three options the substation
would be visible, it is considered that the development would blend into the
bank while also relating more readily to the existing buildings that align
Steephill Road. In contrast to the site for option 1, this site relates more readily
to the established building line the fronts onto Steephill Road and it is noted
that the existing pump station to the east and house to the west would provide

26

a developed context within which the proposed substation would be sited. As a

result, the site for option 2 is less exposed and in an area of lower land levels.
6.39

Options 2A and 2B would comprise flat roofed buildings and because the
control room would be located within the existing Southern Water compound,
the footprint of the development would be 12m further east than that of the
larger, gabled design option. This would allow the development to be situated
in an area that is aligned by the higher sections of the roadside bank, which
would provide greater screening. Because buildings would be flat roofed, they
would have a lower visual impact. Officer site inspections have shown that the
floor level of the substation etc shown for options 2A and 2B would be
between 2m and 3.4m below the adjacent road and given the height of the
roadside hedge, it is apparent that the development would be well screened.
While these options would be preferable in impact terms, as discussed above,
Officers do not object to the larger gabled building that is also proposed. This
would be a more aesthetically acceptable design approach that would better
reflect the appearance of the nearby Southern Water building and nearby
dwellings.

6.40

The submitted plans for option 2 show a single location for the proposed
construction compound. This would be located within the former campsite and
as stated above in relation to option 1, it is considered that this would result in
a limited level of landscape impact. Because the former campsite dips away
from the open space and coastal slope, the compound would occupy a low
land level and benefit from the screening affects of landscaping and banks in
the foreground. Partial views of the compound would be possible from
Steephill Road, but these would be dappled by existing trees and short in
duration. The compound would comprise a large footprint but structures and
equipment within it would be low scale and it is noted that following the
completion of the construction phase, the land would be returned to its former
state. Therefore, the landscape impact of this compound would not be
significant.
The impact of the proposed cable routes

6.41

The submitted information shows that the proposed substation would be linked
to the offshore renewable energy development via buried cables. Three
potential techniques are being considered for the installation of the proposed
cables and these would involve trenching, Horizontal Directional Drilling (HDD)
and the use of an existing outfall pipe. A fourth potential option is a mix of the
proposed trenching and the use of the outfall pipe.

6.42

The open trench technique would involve excavating either a single 3m wide
trench or two 1.5m wide trenches that would measure 1 to 1.5m in depth.
Again, it should be noted that these measurements represent a worst case
scenario. Two potential routes for the cables have been proposed dependant
on which of the two proposed substations would be built, however in each
case the cables would terminate at Castle Cove. The trenches would be
backfilled and the land restored to its previous state once the cables were
completed.

27

6.43

For option 1, the trenches would run south west from the substation, aligning
the route of the public footpath that runs alongside the western boundary of
the Flowers Brook open space. For option 2, the trenches would run south
through the grounds of the former camp site and then down the coastal slope
to the transition pits at Castle Cove. Officers consider that the trenches would
have a minimal landscape impact once completed. The only visible elements
of the trenches would be the covers for the transition pits at Castle Cove.
These would be located in a triangular area of costal gravel between the
concrete footpath and rock armour. While the pity covers would be visible, they
would be seen within the context of the already engineered coastal defences
in this area and have a minor impact. The land above the remainder of the
trenches would be returned to its former state following completion and
therefore, the impact would be temporary and reversible.

6.44

The submitted information shows that the proposed HDD technique would
result in limited landscape and visual impacts. A drilling rig would be provided
within the proposed temporary construction compound and this would
excavate three 0.7m diameter ducts that would measure up to 3091m long but
be below ground and result in a limited landscape and visual impact. The key
impact would arise during the construction phase while the drilling rig would
occupy the site. However, once constructed the impact of this technique would
be limited to inspection covers close to the substations. As a result, there is no
objection to this technique in respect of landscape and visual impact.

6.45

To utilise the existing Southern Water outfall pipe, limited excavations would
be required to link the cables from the proposed substation options to the
existing underground pipe work. The submitted plans show that the
excavations would be limited and once covered over the only evidence of the
cable route would be inspection covers. However, these would mirror those of
the existing Southern Water pump station and have a limited impact.

6.46

It is Officers opinion that the landscape and visual impact of the cable routes
would be minimal and temporary. It is apparent the HDD technique and use of
the existing outfall pipe would result in minor impacts with little excavation
required. While the proposed trenching technique would result in excavations
between the proposed substations and the shoreline at Castle Cove, the
physical impact of the works would be confined to the construction process
and once completed, the land would be returned to its existing condition. As a
result, it is considered that the installation of the cable routes would result in
minor landscape impacts that would not harm the character of the area.
The impact of the development on designated areas

6.47

The application site is not within a conservation area nor is it within the AONB
or the Heritage Coast. However, the conservation area boundary is adjacent to
the eastern boundary of the site. The area of the proposed substations etc is
located 206m to the east of the AONB and 285m east of the Heritage Coast
while the landfall location for the export cables is 41m from the AONB and
206m from the Heritage Coast.

28

6.48

The AONB Partnership has concluded that the proposed development would
have little impact upon the AONB due to the topography of intervening land
and natural screening. The Officer site inspection showed that the Flowers
Brook site occupies a low land level when compared to the developed
locations surrounding it. Because of the development to the west, the natural
screening provided by trees and landscaping and intervening distance, the site
is not readily visible from the AONB. As a result, the proposed substations and
construction compounds would have no impact on the nearby AONB or the
Heritage Coast.

6.49

The Ventnor conservation area boundary aligns the eastern boundary of the
Flowers Brook open space. This area of the conservation area forms the
Coast and Cliffs character area which is defined by the Councils conservation
area appraisal as being characterised by a sense of openness with buildings
dominated by the landscape. The appraisal states that the sea is ever present
and that steep cliffs and trees provide green wedges between the developed
terraces.

6.50

It is Officers opinion that option 1 of the development would impact on the

setting of the conservation area. The presence of the temporary construction
compound within the open space would harm an area of open space that
forms part of the views towards the conservation area although the impact
would be temporary and reversible. The proposed substation for option 1
would have a less obvious impact on the conservation area. The tree
screening and high bank to the east of Flowers Brook would prevent impacts
on the wider conservation area.

6.51

It is considered that the impact of option 2 on the setting of the conservation

area would be limited. The proposed substation would be located in an area of
the site that is hard against Steephill Road. The presence of the Southern
Water substation, the screening around it and topography would prevent the
substation from impacting on the setting of the conservation area. Moreover,
the proposed temporary construction compound would occupy a shallow area
of the site that would not be prominent. Given the temporary nature of this
impact, it is considered that it would not compromise the setting of the
conservation area.

6.52

The Flowers Brook open space was once part of the historic Steephill Castle
Estate and as a result is locally listed. While it is not formally registered as a
Historic Park or Garden, the Flowers Brook is considered to be a heritage
asset given its local listing. The Isle of Wight Gardens Trust has commented
that any proposals that would not serve to enhance the historic designated
landscape should be avoided and concluded that the development would
result in both temporary and long-term detrimental impacts on the site and that
they cannot be justified. However, the Garden Trust advised that option 2
would have a minimal and acceptable impact on the historic garden.

6.53

Option 1 for the development includes proposals for a temporary site

compound within the Flowers Brook open space with the substation to be
located adjacent to the open space. It is Officers opinion that the construction

29

compound would result in a significant incursion into the open space and harm
the historic character of the locally listed park. It is also considered that the
proposed substation for this option would impact on the setting of the park,
given its elevated position and proximity to the park. While there are buildings
within nearby Steephill Road, these are more distant and mitigated by
distance, topography or natural screening. Because the substation would be
close to the western boundary of the park, its open feel would be prejudiced
and this would compromise its character.
6.54

However, Officers consider that the proposals for option 2 would not
significantly alter the setting of the park. This is due to less prominent position
of the proposed substation buildings and construction compound and the
mitigation offered by existing screening, distance and the backdrop of the bank
that aligns Steephill Road. As a result, the substation and compound would not
alter the setting of the park or harm its historic character.

Impact on nearby properties

6.55

The application site is located on the southern side of Steephill Road and
adjacent to a low density residential area. There are residential properties to
the north, east and west of the site. Properties to the north align Steephill
Road and are therefore parallel to the northern boundary of the application
site. The separation distance between properties parallel to the site and the
substation for option 1 would range between 60m to 70m and for the option 2
substation, between 23m to 36m.

6.56

To the east of the site is a detached bungalow known as Glencliff. This

property is located 92m east of the option 1 substation on a land level that is
approximately 17m higher than the site. The closest property to the west of the
proposed development is Flowersbrook, a detached house within the former
campsite. This property is located 20m west of the option 2 substation. It is
considered that the key impacts on residential amenity would be noise and
disruption caused by the construction works, operational noise associated with
the substation, the electro-magnetic affects of substation equipment and the
visual impact of the development.

6.57

With respect to construction impacts, the submitted information states that this
phase of the development would take between 12 to 18 months to complete
with proposed construction hours of 07:00 to 19:00 hours Mondays to
Saturdays. It is considered that impacts would relate to the construction of the
substation buildings and the export cable trenches as well as traffic
movements. The Councils Environmental Health Officer has raised no
objection to the construction phase but has advised that construction hours
should be restricted to 08:00 to 18:00 hours Mondays to Fridays and 08:00 to
16:00 hours on Saturdays.

6.58

It is considered that the construction of the substations and traffic related to

the development would result in a level of noise and disruption that would be
comparable to any typical building scheme. It is considered that provided

30

hours of construction and traffic movements were restricted to reasonable

daytime hours that such works would not compromise the amenity standards
of nearby dwellings. Officers consider that the applicants proposed hours of
construction would be excessive and lead to noisy activities taking place
during quieter periods of the day when background noise levels are lower. As
a result, it is considered reasonable to restrict construction times to those
advised by the Councils Environmental Health Officer in order to safeguard
residential amenity.
6.59

The construction of the proposed export cable routes could result in a greater
level of impact depending on the chosen method. The applicants have carried
out a detailed noise assessment for construction activities; the calculated
noise levels are based on all noisy equipment (lorries, excavators, dump
trucks, compactors and dozers) being used at the same time in order to
provide a worst case scenario. However, Officers recognise that realistically,
machinery would be operating at different times. In addition, the information
predicts that individual equipment would be used for 50 per cent of the time,
that is to say that equipment would be turned off and not in use for
approximately half of the working day. The trenching method and use of the
outfall pipe would involve the construction of typical open cut trenches and
would require the use of excavators. It is considered that that noise associated
with this would not be harmful provided that works were restricted to daytime
hours.

6.60

However, the proposed HDD technique would involve the use of a drilling rig,
which would be located within the chosen construction compound. Because
the drilling rig would not move, it would be likely to result in a more consistent
level of noise. The applicants submitted information states that the HDD rig
would result in a noise output level of 81 dBL at a distance of 10m and 69 dBL
at the nearest residential property 40m away. The information states that for
50 per cent of the time, the rig would be inactive but that the operation would
take place 24 hours a day, 7 days per week.

6.61

Officers are satisfied that during daytime hours the HDD technique would not
result in harm to nearby properties. This is because higher levels of
background noise would be experienced at nearby properties during the
daytime to assist in masking noise. The submitted information shows that
during night time, four properties to the east of the site would experience
medium to high noise levels that would result in adverse impacts but that
remaining properties within the area would not experience changes to existing
noise levels. The Environmental Health Officer has advised that night time
background noise levels would be around 25dB and therefore, noisy activities
would be likely to cause sleep disturbance. However, the applicants have
confirmed that works associated with the HDD technique could be restricted to
daytime hours.

6.62

The applicants submitted information outlines a range of measures aimed at

mitigating noise impacts. These would include avoiding revving of engines,
minimising drop height of materials, starting up plant and vehicles at different
times rather than together, using white noise reversing alarms, locating

31

equipment as far from properties as possible, the use of screening, restricting

deliveries to the site during day time hours and hoarding the HDD area.
6.63

Officers consider that a suitable CEMP could be agreed by condition and that
this would provide a means of mitigation for noise impacts from the
construction of the cable routes. It is considered that a suitable CEMP could
be agreed in consultation with the Environmental Health Officer in order to
safeguard the amenity of nearby properties. Given that all construction
activities would take place during daytime hours and on the basis of the
submitted information, it is considered that the construction phase of the
development would not harm nearby properties.

6.64

The noise generated during the operational phase of the development would
relate to the equipment within the substation and the external equipment
compound. The submitted information states a maximum of 7 small vehicles
would visit the site. Therefore, it is considered that traffic associated with this
stage of the development would replicate the affects of traffic using Steephill
Road and not result in disruption. The submitted information states that the
noise generated by the on-site equipment would be comparable to a typical
electrical 33/11 kv transformer, which is predicted to be 52 dBA. The affect of
the noise on nearby properties has then been assessed, taking into account
separation distances.

6.65

The results have shown that during daytime hours noise levels experienced at
nearby properties would range between a low of 10 dBL and a high of 23 dBL.
Night time noise levels would range between a low of 11 dBL and a high of 24
dBL. The Environmental Health Officer has advised that such levels would be
unlikely to result in any adverse affects. As a result, it is considered that the
noise generated by the substation once operational would be low and typical
of an electrical substation. Such equipment generates a low humming noise
which would be barely audible and masked by background noise such as
traffic, wind and trees or the nearby sea.

6.66

The submitted information outlines the number of vehicle movements likely to

be generated during the construction phase of the development. This
information relates to a worst case scenario whereby cable routes are formed
through HDD, which would require materials to be removed from the site. If
trenching is used, then most material would be used to backfill the trench with
only a small amount removed and so vehicle movements would be lower.
Should HDD be chosen then a total of 12 car trips and 3 HGV trips would be
generated per day for 20 weeks (daytime working only). In addition, a total of
10 car trips and 2 HGV trips would be generated per day during construction of
the project. Officers consider that this level of traffic would be minor when
compared to existing traffic levels within Steephill Road and it is considered
that the level of noise and disruption caused by vehicles would be minimal.

6.67

Several members of the public have commented on the potential health

impacts that electromagnetic fields (EMF) generated by the electrical
substations could have upon nearby residents. It should be noted that any
electrical equipment generates EMF, which generates a low level of radiation.

32

Strategic electrical equipment such as power lines and substations generate

EMF and such equipment is commonplace in urban areas.
6.68

Current Government guidance issued by Public Health England (Electric and

magnetic fields: affects of exposure July 2013) advises that Studies
investigating the affects of electric fields have suggested that small charged
particles, known as corona ions, which are generated by power lines, may
cause health affects. However, there is little evidence to support this
possibility. Government guidance advises that magnetic fields are measured
in microtesla (T) and that the level generally present in the average home is
0.01 to 0.2 T.

6.69

The applicants submitted information reasons that substations rarely produce

significant EMF outside of their perimeter as they are encased by metal
cabinets or buildings. As a comparison, the applicants information has
assessed the level of EMF generated by 33kv power cables, given that these
would generate the high level at the development site. According to the
submitted information, the level generated by an overhead 33kv cable 25m
from a property would be 0.03 T, comparable to a residential property.

6.70

The Council notes that the development would include a range of electrical
equipment; however this would be encased by metalwork and be situated 23m
from the nearest property. Given the advice contained within the current Public
Health England guidance, it is considered that the development would not
pose a risk to human health.

6.71

It is considered that the proposed development would have a limited visual

impact on nearby properties. The Officer site visit showed that the site is
screened from the properties to the north within Steephill Road by a high
hedge. While a portion of the gabled roof for the option 2 substation would be
visible, its impact would be mitigated by separation distances. The flat roofed
versions shown as options 2a and 2b would be screened by the existing
roadside hedge and not be readily visible. In addition, the option 1 substation
would be located 60m from the nearest property within Steephill Road. This
level of distance would prevent the building from appearing intrusive.

6.72

The closest property to the site would be the detached house located to the
west, Flowers Brook. This property would be located 20m west of the option 2
substation. However, the principal windows for this property face north and
south and as a result, the substation options would have a limited visual
impact. Sufficient space would exist between this property and the respective
options for the substation to prevent loss of light or outlook.
Ecology and trees

6.73

The application site is adjacent to a Site of Importance for Nature

Conservation (SINC) and 70m north of the South Wight Maritime Special Area
of Conservation (SAC). The site is located 390m to the east of the Rew Down
and Compton Chase to Steephill Cove SSSI. Natural England have advised

33

the Council that the development would not be likely to result in a significant
affect on the interest features for the above sites. As a result, Officers are
satisfied that the development would not compromise the adjacent designated
sites. However, the onsite works have the potential to impact on specific
species.
6.74

The applicants have carried out desk based assessments and extended
habitat surveys in order to assess the range of species and habitats at/ or
adjacent to the site. The surveys found that the site is made up of a large area
of chalk grassland that is surrounded by a mix of species poor hedgerow,
broadleaved woodland, maritime cliff and coastal slopes and a watercourse
that aligns its eastern boundary.

6.75

The applicants site surveys showed that a range of protected species either
occupy and forage within the site or that suitable habitat was in place for them
to do so. At the time of the surveys dormice were found to be present across
the extent of the site along with two species of reptile (slow worm and wall
lizard) and a range of invertebrates. The site has also been assessed as
comprising structures and trees that would be suitable for bat roosts although
at the time of the surveys, none were present. However, the site has been
assessed as providing a rich environment for foraging and commuting bats
and onsite surveys found between 21 to 34 bat passes occurring per night.
However, red squirrels were not present and there was no evidence of dreys.
Nevertheless, the ES notes that there are records of red squirrel at Ventnor
Botanical Gardens and so the application site may well be suitable for this
species. The site does include badger setts but no suitable habitat was
identified for great crested newts and there are no records for their presence
within 1km of the site. No protected plant species have been identified.

6.76

The proposed development has the potential to impact on protected species

as a result of the permanent works such as the substation, and temporary
works such as the construction compounds and cable routes.

6.77

The submitted options for the development show that the temporary
construction compounds would be located within open areas of managed
chalk grassland. In the case of option 1, the compound would be located within
the centre of the Flowers Brook open space that is regularly mown. For option
2, the compound would be located further west and within the curtilage of the
former campsite, Flowersbrook. This area is managed in a similar fashion to
the open space. Nevertheless, both areas are surrounded by tall grassland
and shrubs as well as wooded margins. These areas have been identified as
being suitable for reptiles, invertebrates, bats and dormouse.

6.78

Two potential trenched cable routes have been proposed and each would
pass through the coastal slopes that form part of the Ventnor West to Steephill
Cove SINC. The submitted information identifies that the works would result in
direct impacts to 5 per cent of the SINC (0.93 ha) as a result of trenching. The
alternative options for the cables (HDD and the use of the existing outfall pipe)
would not impact on the SINC, however the trenching technique is the
applicants preferred option. The Environmental Statement confirms that both

34

of the trenched cable routes would result in the loss of scrub habitat and
therefore have the potential to affect reptiles, invertebrates and dormice. To
mitigate the impact, the applicants proposed to fence the areas of excavation
in order to prevent impact to the remainder of the SINC. No soil or equipment
would be placed within the fenced-off area.
6.79

The proposed substations would result in a permanent loss of habitat due to

the permanent nature of these buildings and their associated infrastructure.
Option 1 would result in the loss of chalk grassland and some of shrubs and
juvenile trees that occupy the boundary between the open space and former
campsite. The option 2 substation would result in the loss of lower value chalk
grassland that is already occupied by a mix of sheds and parking areas.

6.80

The submitted information proposes a range of mitigation measures to

minimise impacts to species and habitats and to enhance existing habitats.
These include working within strictly maintained working footprints, conserving
any stripped topsoil for re-use, fencing construction areas, restricting traffic
movements to delineated areas, limiting light spillage and ensuring that works
take place outside of the dormice nesting season. In addition, habitat
enhancements would be undertaken prior to construction works taking place
and following completion of works, areas subject to temporary development
would be returned to their former state and a programme of habitat
enhancement undertaken.

6.81

The Councils Ecology Officer has raised no objection to the proposed

substation and temporary construction compounds and has confirmed that all
habitat surveys undertaken in relation to this application are suitable and aid a
robust assessment of the proposals. In particular, the Ecologist has confirmed
that bat surveys have enabled the applicants ecologist to devise an
appropriate construction strategy in order to avoid impacts on foraging and
commuting bats.

6.82

With respect to the cable route, this has the potential to impact on dormice and
badgers. Both are protected species. Three potential techniques have been
proposed for the cable routes and these involve HDD, trenching or using an
existing outfall pipe. The proposed HDD and outfall pipe options would require
minimal excavations while the trenching technique would require the
excavation of the whole cable route, including a section of the SINC. The
applicants preferred option is to trench the cable and detailed information has
been provided to justify this option.

6.83

This information reasons that the use of the outfall pipe would be difficult due
to the potential for multiple cables in small area to heat and de-rate the cables,
issues with capacity and fixing cables to the pipework. While the HDD
technique is feasible, the applicants information reasons that it would
generate waste materials, that ground conditions could be challenging and
because the HDD cable routes would pass through several fault lines, which in
time could result in damage.

35

6.84

The Councils Ecology Officer has advised that while the proposed trenching
technique would pose the greatest risk to dormice, the applicants have justified
the selection of this method. In particular, it is noted that the duration of these
works would be relatively short and that once completed, the trenches would
be backfilled and the land returned to its previous state, with the habitat
managed for 5 years post construction with the aim of delivering an improved
habitat.

6.85

During the course of the planning application the presence of badgers within
the site has been identified. As a result, the applicants have undertaken a
badger report in order to identify the location of setts and areas used for
foraging and to investigate the impact of the development upon these areas.

6.86

The Councils Ecology Officer has confirmed that the applicants updated
badger report provides a suitable strategy which confirms the functionality of
any mitigation measures which may be required whilst also providing a
reactive strategy should the status of badgers on-site change between now
and works commencing. The Ecology Officer has advised that whilst the exact
details of the strategy have not been secured, the current report provides an
element of flexibility in order to ensure that any mitigation strategy
implemented is fit for purpose. As a result, it is considered that the proposed
development would not prejudice the habitat for badgers using this site.

6.87

The Officer site inspection showed that the northern boundary of the site is
aligned by a high hedge and several high amenity trees. In particular, there is
a mature and iconic Holm Oak located adjacent to the site access, which
contributes to the character of the area. The Holm Oak, hedge and trees within
the northern bank are covered by a Tree Protection Order (TPO).

6.88

The Councils Tree Officer has noted that revised plans have been submitted
in order to limit the impact to the high amenity Holm Oak tree. The applicants
have provided three parking options and these relate to the option 2, 2a and
2b substations. All of the plans show that the parking areas have been moved
out from under the tree to a differing extent, with the exception of Option 2,
drawing 29. The Tree Officer has stated that this option could increase the
scale of impact to the tree as opposed to limiting it, the reason for this being
the positioning of the Control Room beneath the canopy. The Tree Officer has
reasoned that of the other two options, Option 2B, drawing 47 would have the
least impact but that it would still be necessary to use a cellular confinement
system where the parking spaces encroach in to the trees root protection area
(RPA).

6.89

The Tree Officer noted that the access road has been moved across from the
Holm Oak which would limit impact. However the plans state that the first 15m
of the road would be metalled and apart from areas that it would pass over the
RPA in which case a cellular confinement system would be used. However,
the Tree Officer has advised that the majority of the 15m section crosses the
RPA and that in this area a non-dig methodology will be required and the use
of a cellular confinement system needed. However, it is noted that a suitable
scheme could be agreed by condition to ensure that impacts to the tree would

36

be acceptable. Moreover, it is considered necessary to impose conditions that

would require the RPA of the Holm Oak, hedges and other trees to be retained
to be fenced during construction.
6.89

Archaeology

6.90

The application site has previously been identified as comprising a burial

ground that is likely to date from the early medieval period. Previous
development at the Flowers Brook site did reveal burials at a shallow depth
although the site was not fully searched to identify the actual extent of the
burials or to formally assess their date.

6.91

The Councils archaeology Officer has advised that based on the current
available data there is no known archaeological deposits which would preclude
development in this area. The Archaeology Officer has stated that it is his
opinion that the application could progress at the current outline stage with the
detailed archaeological impact being considered via the reserved matters
stage. At that point, the applicant would need to provide a detailed location of
the scheme (select the final location for the buildings and cable routes) with a
full archaeological evaluation of the route and an appropriate mitigation
strategy put in place prior to commencement.
Highway considerations

6.92

The application site would be accessed via an existing gateway that serves the
former Flowers Brook campsite. The access is between two trees and on the
southern side of Steephill Road. No other vehicle accesses are proposed.

6.93

Steephill Road is classified with vehicle speeds restricted to 30 mph. As a

result, the proposed access would require visibility splays that would measure
43m east and west at a point set back 2.4m from the edge of the highway. The
current access comprises substandard splays that measure 18m to the west
and 10m to the east. The submitted plans show that a section of the existing
hedgerows adjacent to the highway would be cut back to allow the required
splays and the Island Roads Highway Engineer has confirmed that these
would ensure a safe means of access. While some sections of the high hedge
to the east of the access would be cut back, the higher sections that would
assist in screening the development would remain and therefore, it is
considered that the landscape impact of providing the required splays would
be minor.

6.94

In addition, the submitted plans show that the access would comprise a gate
that would be set back from the highway by 5m. This would allow ample space
for a vehicle to park off of the highway when the gate is closed. Moreover,
Highway Engineer has confirmed that the first 15m of the access would be
wide enough to allow two vehicles to pass, therefore preventing congestion
within the highway. The applicants have provided swept path analysis for
larger vehicles connected to the development. The Highway Engineer has
confirmed that larger vehicles would be able to enter, turn and leave the site
safely and that parking arrangements would be acceptable.

37

6.95

In terms of highway capacity, traffic would be generated during the

construction and operational phases of the development and the submitted
information outlines predicted traffic movements for both phases. The figures
given represent a worst case scenario; that is to say that the data relates to
the highest number of vehicle movements. For example, the information
relating to the construction phase assesses vehicle movements should the
HDD cable technique be applied. As stated earlier in the report, if the HDD
technique was not be used then vehicle movements would be considerably
lower. The Environmental Statement predicts that the construction period
would last 18 months and that during this phase a maximum of 64 daily two
way trips would be generated of which 20 would be heavy goods vehicles
(HGVs). On average, the daily flow would be 52 trips of which 8 would be
HGVs. The Highway Engineer has advised that the level of traffic associated
would not result in a negative impact on the highway network.

6.96

Following the completion of construction, it is predicted that vehicle

movements associated with the development would be much lower and
related to the monitoring and maintenance of the project. It is predicted that
there would be between 3 to 6 vehicle trips per day associated with tenants
using the offshore berths, 2 vehicle trips per week from PTEC and a further 2
vehicle trips per year. This level of traffic is considered to be low and the
impact on the capacity of the highway network would be minor.

6.97

Concerning parking, the submitted plans show parking areas to be used during
both the construction and operational phases of the development. The
submitted plans confirm that the parking spaces would meet design standards
and that a suitable level of space would existing for vehicles to park and turn
within the site.
Land stability

6.98

The application site is located within an area of known instability. The stability
plans for this site show that parts of the open space may or may not be
suitable for development and that monitoring may be required while the former
campsite is within an area that is likely to be suitable for development.

6.99

The applicants have provided a land stability report and this includes detailed
information relating to the land movement that affects the application site and
the wider Undercliff. The Undercliff includes chalk and greensand layers above
gault clay. Because the gault clay is impermeable to water, during periods of
high rainfall the layers above become saturated and this can result in
landslides or mudslides where the toe of a slope is unable to support the
weight of land above it, for example where coastal action has eroded the base
of a cliff.

6.100

The ground conditions for the application site are well known. Recent surveys
included 39 boreholes being undertaken and these have been assessed to
show the geology of the site. These showed that the risk of ground movement
at the site is low and that it is within one of the more stable areas of the
Undercliff. The applicants report reasons that ground movement within the

38

area is largely inactive or imperceptible. While the area is the subject of

between 2mm to 3mm of movement per month, this occurs at a deep level and
so the land moves as a whole block in a translational manner (the land moves
laterally rather than rotating).
6.101

The applicants report advises that the proposed development would not
adversely affect the stability of the Undercliff and that the development should
be constructed to either accommodate anticipated land movements without
damage. The final design of the development would be selected at the
reserved matters stage (should outline consent be granted), taking account of
the weight of buildings etc and ground conditions.

6.102

The Councils Principal Coastal Engineer has concluded that the submitted
ground report shows that the applicant understands the issues of land stability
that affect the site. The Coastal Engineer has noted that the proposals are in
outline and has advised that detailed designs will be required at a later stage.
However, given the level of investigation and understanding that the developer
has shown the Coastal Engineer has concluded that it is likely that the final
designs will address ground stability concerns.

6.103

In addition, it should be noted that the Environment Agency has confirmed that
the proposed works would not affect the tidal defences in the area. The
Agency has confirmed that flood defence consent would be required for the
proposed works to form the cable route. In light of the detailed information that
has been provided, it is considered that a suitable solution could be provided
at the detailed design stage and that as a result the development would not
result in ground movement or be damaged by any that may occur.
Flooding and drainage issues

6.104

The application site is within an area that is at a low risk of flooding. However,
it is important that site drainage is carefully considered. The design and
access statement reasons that onsite roof drainage would be directed to water
storage and that hard standings and parking areas would be constructed using
permeable materials to allow water to drain naturally.

6.105

A detailed drainage scheme is yet to be submitted and this is considered

suitable given that the current application is in outline and that several draft
options are proposed. It is considered that a detailed drainage scheme could
be agreed at the detailed design stage should outline planning permission be
granted. At that stage, the applicants would be required to provide an
assessment of existing and likely water flows and to demonstrate that a SUDs
system would be suitable given the land stability issues that affect this area.
Other matters

6.106

Some of the objections have referred to the impact and justification for the
offshore development. It should be noted that the application that has been
submitted for the offshore development falls outside of the Councils
jurisdiction and instead, is being determined by the Marine Management

39

Organisation (MMO). As a result, matters relating to the impact of the offshore

development are not relevant to the determination of this planning application.
6.107

Several of the objections have referred to the potential fire risk for the
proposed substation equipment. Fire risk is not a material planning
consideration and instead, is managed through legislation and guidance
issued by separate Government departments.

6.108

A small number of the objections also state that the development could be the
start of a much larger project and therefore, result in further substations or
equipment within the application site. However, it would not be reasonable to
predict future proposals and instead, the determination of this application must
be based on the submitted information.

6.109

Members of the public have queried the level of pre-application consultation

carried out by the applicants. The application for onshore works relates to a
substation and associated temporary works. Officers understand that the
applicants undertook a pre-application consultation exercise which included
placing advertisements within the local paper, the distribution of 2,600 leaflets
outlining the project within the local area and public meetings during which
there was an opportunity to provide written feedback. The Council is of the
opinion that this exercise was commensurate to the scale of the development.

6.110

The submitted plans show that the proposed cable route between the option 2
substations and Castle Cove would pass through the route of the coastal
footpath. As a result, it is likely that the footpath would need to be closed for a
temporary period not exceeding two months while the cable route is
constructed, should the trenching option be undertaken. The submitted
information shows that construction of the cable route would take
approximately eight weeks to construct and the applicants information shows
that such closures would take place during Winter months and therefore
outside of peak seasons. However, no permanent closures or diversions would
be required and given the short duration of closure it is considered that the
development would result in a minor level of disruption to footpath users.
Officers consider that a condition should be imposed to secure the means of
closure and their timing to ensure that the footpath is not closed during peak
seasons.

7.

Conclusion

7.1

The proposed substation would relate to the infrastructure required for

a renewable energy development that could deliver a significant
contribution towards renewable energy targets. It is apparent that the
offshore development would assist in delivering a renewable source of
energy and that the proposals could deliver up to 30MW installed
capacity of renewable energy per year. This would be equivalent to the
energy needs of approximately 15,700 homes on the Island. It is
considered that the proposed development could generate a significant
proportion of the 50MW of offshore energy referred to within policy
DM16 of the Island Plan Core Strategy while providing a valuable

40

contribution towards reducing carbon emissions and the research and

development of this sector of the renewable energy industry.
7.2

While much of the site is outside of the settlement boundary, the

location of the option 2 substations is adjacent to the defined
settlement boundary and therefore, in principle considered to be
acceptable for new development. Given the sustainability benefits that
this development would assist in delivering, it is considered that the
proposed development would comply with the requirements of policies
SP1, SP6 and DM16. Officers are satisfied that there are no
sequentially preferable sites within the surrounding area that could
deliver the proposed development.

7.3

Officers are of the opinion that the option 1 substation and construction
compound would result in an unacceptable landscape and visual
impact, particularly when viewed from the Flowers Brook area of open
space and the nearby public footpaths. However, it is considered that
the three sub-options proposed for the option 2 substations would not
appear prominent or have a harmful impact on the area or the nearby
conservation area and AONB given the limited size and scale of the
buildings, the screening effects of existing hedges and embankments
and the pattern of existing surrounding development. It is considered
that the construction compound proposed for option 2 would be located
within a suitably screened location and that given the temporary and
reversible nature of its impact, the compound would not harm the
character of the area. The proposed cable routes would result in
temporary landscape impacts and it is apparent that following their
completion, the landscape would be returned to its former state.

7.4

It is considered that the construction phase of the development would

not compromise the living standards of occupants of nearby properties.
This is due to the temporary nature of the construction phase and the
fact that construction times could be limited by condition. Moreover,
measures to mitigate impacts could be agreed through a Construction
Environmental Management Plan (CEMP). Officers are satisfied that
the operational phase of the development would result in limited
impacts on nearby properties. The site is well screened so that the
proposed option 2 substations would not result in a loss of outlook, light
or overshadowing to existing properties. Moreover, the information
provided has demonstrated that noise associated with the substation
would not be harmful and that there would be no risk to human health
as a result of electro-radiation. In addition, the level of traffic associated
with the management of the site would be minimal.

7.5

The submitted information has demonstrated that the development

would not result in harmful impacts on trees, protected species or
habitats and that any impacts that may occur could be addressed
through suitable mitigation. Natural England and the Councils Ecology
Officer have raised no objection to this development.

41

7.6

The Councils Archaeology Officer has confirmed that the development

would not be constrained by archaeological deposits and that detailed
information submitted during the reserved matters stage of the
application would be able to determine impacts and mitigation.
Moreover, information has been provided to demonstrate that neither
the substation of the associated cables would be affected by or result
in additional land movement.

7.7

Having regard to the above and having taken into account all relevant
material considerations, Officers conclude that the proposed
development is in full conformity with the provisions of the development
plan.

8.

Recommendation
Split decision granting conditional outline planning permission for
options 2, 2a and 2b but refusing planning permission for option 1.

Statement of pro-active working

9.1

In accordance with paragraphs 186 and 187 of the NPPF, the Isle of
Wight Council take a positive and approach to development proposals
focused on solutions to secure sustainable developments that improve
the economic, social and environmental conditions of the area in the
following way:

The IWC offers a pre application advice service.

Updates applicants/agents of any issues that may arise in the
processing of their application and suggest solutions where
possible.

In this instance;

The applicant was provided with pre-application advice.

The applicant was updated with progress of the application.
Further information was sought from the applicant to clarify
issues raised during the consultation process relating to the
layout of the development, site selection, land stability, impacts
on trees, vehicular access, ecology and archaeology.

It is considered that the additional information clarified the impacts of

the above issues.
Conditions/Reasons:
1

Application for approval of the reserved matters shall be made to the Local
Planning Authority before the expiration of 3 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

42

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

Before any works or development hereby approved is commenced on site,

details relating to the final option for the development (in accordance with
condition 4), scale, detailed appearance, landscaping and archaeological
impacts of the development 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).

The development hereby permitted relates to the substation, construction

compound(s), cables routes, associated infrastructure and means of access
and parking relating to options 2, 2a and 2b and shall be carried out in
complete accordance with the details shown on the submitted plans,
numbered below, except where varied by any other conditions of this
permission.
PTEC-ITP-ON-LAY-029 Rev Q
PTEC-ITP-ON-LAY-033 Rev B
PTEC-ITP-ON-LAY-035 Rev C
PTEC-ITP-ON-LAY-037 Rev B
PTEC-ITP-ON-LAY-038 Rev A
PTEC-ITP-ON-LAY-039 Rev B
PTEC-ITP-ON-LAY-041 Rev A
PTEC-ITP-ON-LAY-042 Rev B
PTEC-ITP-ON-LAY-045 Rev A
PTEC-ITP-ON-LAY-047 Rev C
PTEC-ITP-ON-LAY-048 Rev C
The substation, construction compound, cable routes, associated
infrastructure, means of access and parking related to option 1 are not
approved.
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.

The total number of substations and temporary construction compounds

forming part of the authorised development shall not exceed one and the final
option shall be chosen from options 2, 2a and 2b as detailed on the approved
plans. The details shall include the micro-siting, detailed design and scale for
the substation, export cable route and their means of construction (chosen

43

from the HDD technique, existing outfall pipe or trenching methods outlined
within the ES), temporary construction compounds, means of access and
onsite parking and turning facilities. The design, extent and scale of the final
option shall not exceed the maximum dimensions and parameters shown on
the approved plans.
Reason: To allow the final detailed design for the development to be
assessed 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.
5

No development shall take place until details have been submitted to and
approved in writing by the Local Planning Authority of the positions, design,
materials and type of boundary treatment to be erected. The boundary
treatments shall be completed before the development hereby permitted is
first brought into use. Development shall be carried out and maintained in
accordance with the approved details and retained thereafter.
Reason: In the interests of maintaining the amenity value of the area and to
comply with policy DM2 (Design Quality for New Development) of the Island
Plan Core Strategy.

No development shall take place until samples of the materials and finishes to
be used in the construction of the external surfaces of the development
hereby permitted 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: In the interests of the amenities of the area and to comply with
policy DM2 (Design Quality for New Development) of the Island Plan Core
Strategy.

No development shall take place until details of means of external lighting for
the development have been submitted to and approved in writing by the Local
Planning Authority. Details shall include measures to minimise light pollution
and to prevent glare. Development shall be carried and maintained out in
accordance with the approved details and be retained thereafter.
Reason: To protect the amenities of nearby residential properties, to prevent
light pollution from harming the character of the surrounding area and the
nearby nature reserve and to comply with the requirements of policies DM2
(Design Quality for New Development) and DM12 (Landscape, Seascape,
Biodiversity and Geodiversity) of the Island Plan Core Strategy.

No development shall take place until there has been submitted to and
approved in writing by the Local Planning Authority a scheme of soft
landscaping. Soft landscape works shall include planting plans; written
specifications (including cultivation and other operations associated with plant
and grass establishment); schedules of plants, noting species, plant sizes and

44

proposed numbers/densities. All plants shall be native species. All planting in

the approved details of landscaping shall be carried out in the first planting
and seeding seasons following the commencement of the approved
development and any trees or plants which within a period of 5 years from the
commencement of the development die, are removed or become seriously
damaged or diseased shall be replaced in the next planting season with
others of similar size and species, unless the Local Planning Authority gives
written consent to any variation.
Reason: To ensure the appearance of the development is satisfactory and
to comply with the requirements of policies SP5 (Environment), DM2 (Design
Quality for New Development) and DM12 (Landscape, Seascape, Biodiversity
and Geodiversity) of the Island Plan Core Strategy.
9

No development shall take place until samples of the materials to be used to

form the hard surface areas within the development site including any
pathways, vehicle access and turning areas shall be submitted in writing and
approved by the Local Planning Authority. Development shall be carried out in
accordance with the approved details.
Reason: In the interests of the amenities of the area and to comply with
policy DM2 Design Quality for New Development of the Island Plan Core
Strategy.

10

No development shall take place 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. The
approved scheme shall be completed before the occupation of the units
hereby permitted.
Reason: To ensure that the site is suitably drained and to comply with policies
DM2 (Design Quality for New Development) and DM14 (Flood Risk) of the
Island Plan Core Strategy.

11

No development shall take place until a Construction Environmental

Management Plan has been submitted to and approved in writing by the Local
Planning Authority. The Construction Environmental Management Plan shall
identify the steps and procedures that will be implemented to minimise the
creation and impact of noise, vibration and dust resulting from the site
preparation, groundwork and construction phases of the development and
manage Heavy Goods Vehicle (HGV) access to the site. Once approved, the
Construction Environmental Management Plan shall be adhered to at all
times, unless otherwise agreed in writing by the Local Planning Authority.
Reason: To prevent annoyance and disturbance to the occupants of existing
nearby properties during the construction phase of the development and to
comply with the requirements of policy DM2 (Design Quality for New
Development) of the Island Plan Core Strategy.

12

No development shall commence until full details of all terrestrial ecological

45

mitigation, compensation and enhancement measures (to be informed as

necessary by up-to-date survey and assessment) required for each phase of
the development hereby approved, including the method of export cable
installation have been submitted to and approved in writing by the Local
Planning Authority. Such details shall be in accordance with the principles of
the outline ecological mitigation, compensation and enhancement measures
detailed within chapter 11 of the Environmental Statement and subsequent
updated ecological reports. Details relating to the export cable route shall
include ecological works directly related to the area of that work and any
works associated with that area but lying outside of the area of excavation.
The measures should also set out means of preventing pollutants from
entering the adjacent inter-tidal area. Development shall be carried out in strict
accordance with the approved details and any enhancement, mitigation or
compensation measures shall be retained thereafter unless otherwise agreed
in writing by the Local Planning Authority or in relation to dormice, unless
varied by a European Protected Species (EPS) license subsequently issued
by Natural England.
Reason: To avoid impacts to, and to ensure the favourable conservation
status of protected species, in the interests of the ecological value and visual
amenity of the area and to comply with the requirements of policies SP5
(Environment), DM2 (Design Quality for New Development) and DM12
(Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core
Strategy and to comply with the requirements within the Conservation
Regulations 2010, Wildlife and Countryside Act 1981 and NERC Act 2006.
13

All available topsoil and overburden removed to form the temporary

construction compound, access and parking areas and the export cable routes
shall be stored separately for reuse on the application site in the reinstatement
phase. The storage shall take place in accordance with details that have
been submitted to and approved in writing with the Local Planning Authority
prior to the commencement of the approved works. Details shall include the
location, maximum height and width of storage mounds. Development shall be
carried out in accordance with the approved details.
Reason: To minimise the visual impact of the proposed development, to
ensure the correct storage of topsoil, to protect the general character of the
surrounding area and to comply the requirements of SP5 (Environment), DM2
(Design Quality for New Development) and DM12 (Landscape, Seascape,
Biodiversity and Geodiversity) of the Island Plan Core Strategy.

14

No development shall take place until details of a scheme of restoration for the
areas excavated in connection with the temporary construction compounds,
temporary access roads and parking areas and export cable routes has been
submitted to and approved in writing by the Local Planning Authority. The
scheme shall include details of:
a.
b.

The sequence of phasing of (backfilling and) restoration

The respreading over the floor of the excavated area of overburden,
subsoil and topsoil previously stripped from the site, in that order the site

46

c.

d.
e.
f.

has an acceptable visual appearance

The ripping of any compacted layers of final cover to ensure adequate
drainage and aeration; such ripping should normally take place before
placing of the topsoil;
The machinery to be used in soil respreading operations;
Grass/ flora and fauna seeding of restored areas with a suitable herbage
mixture;
A timetable for implementation of restoration of the temporary
construction compounds, means of access, export cable routes and
their after care;

Development shall be carried out in accordance with the approved details

unless otherwise agreed in writing by the Local Planning Authority.
Reason: To ensure that the site is restored in a suitable manner, to protect
the appearance of the surrounding area and to comply with the requirements
of SP5 (Environment), DM2 (Design Quality for New Development) and DM12
(Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core
Strategy.
15

The development shall not be occupied until sight lines have been provided in
accordance with the visibility splays shown on the approved plan
PTEC-ITP-ON-LAY-039 Rev B. Nothing that may cause an obstruction to
visibility when taken at a height of 1.0m above the adjacent carriageway /
public highway shall at any time be placed or be permitted to remain within
that visibility splay.
Reason: In the interests of highway safety and to comply with policy DM2
(Design Quality for New Development) of the Island Plan Core Strategy.

16

Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) Order 1995 (or any Order revoking and re-enacting
that Order with or without modification), no gates shall be erected other than
those expressly authorised by this permission set back a minimum distance of
5.0 metres from the edge of the carriageway of the adjoining highway as
detailed on drawing no. PTEC-ITP-ON-LAY-042 Rev B.
Reason: In the interests of highway safety and to comply with policy DM2
(Design Quality for New Development) of the Island Plan Core Strategy.

17

Notwithstanding the details shown on the submitted plans, no development

shall take place until details of the location and layout of parking areas for both
the construction and operational phases of the development have been
submitted to and approved in writing by the Local Planning Authority. The
details shall demonstrate suitable turning areas so that vehicles may enter
and leave the site in a forward gear. The details shall also demonstrate that
the parking areas would not result in a detrimental impact to the health of high
amenity trees and any trees and hedges shown to be retained. Development
shall be carried out in accordance with the approved details and the parking
areas shall be provided prior to the occupation of the buildings and

47

construction areas hereby approved. 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 policies DM17
(Sustainable Transport) DM2 (Design Quality for New Development) and
DM12 (Landscape, Seascape, Biodiversity and Geodiversity) of the Island
Plan Core Strategy.
18

No development shall take place until details have been submitted to and
approved in writing by the Local Planning Authority in respect of steps to
prevent material being deposited on the highway as a result of any operations
on the site in connection with the approved development. Such steps shall
include the installation and use of wheel cleaning facilities for vehicles
connected to the construction of the development. The approved facilities
shall be installed prior to the commencement of development. Any deposit of
material from the site on the highway shall be removed as soon as practicable
by the site operator.
Reason: In the interests of highway safety and to prevent mud and dust from
getting on the highway and to comply with policy DM2 Design Quality for New
Development of the Island Plan Core Strategy.

19

Prior to commencement of the development hereby approved a traffic

management plan relating to the routing and delivery timings of all
construction traffic associated with the development shall be submitted to and
approved in writing by the Local Planning Authority, and subsequently
adhered to by the developer throughout the construction phase.
Reason: In the interests of highway safety and to comply with policy DM2
(Design Quality for New Development) of the Island Plan Core Strategy.

20

No development shall take place until a noise control plan has been submitted
to and approved in writing by the Local Planning Authority. Once approved,
the development shall be carried out in accordance with the approved details.
The noise control plan should include the following information:

procedures for ensuring compliance with statutory or other identified

noise control limits;
procedures for minimising the noise from construction related traffic on
the existing road network;
procedures for ensuring that all works are carried out according to the
principle of Best Practicable Means as defined in the Control of
Pollution Act 1974;
general induction training for site operatives and specific training for staff
having responsibility for particular aspects of controlling noise from the
site;
a noise and vibration monitoring / auditing programme, particularly
during any piling operations;
liaison with the Local Authority and the community; and,
the adoption of Best Practicable Means and compliance with

48

recommendations as described in BS 5228:2009.

Reason: To prevent annoyance and disturbance, (in particular sleep
disturbance) to nearby properties and uses and to comply with the
requirements of policy DM2 (Design Quality for New Development) of the
Island Plan Core Strategy.
21

The level of noise emitted from the substation/control room shall not exceed
52dB(A) at any other time, as measured at a distance of 1 metre from the
building housing the plant.
Reason: To prevent annoyance and disturbance, (in particular sleep
disturbance) to nearby properties and uses and to comply with the
requirements of policy DM2 (Design Quality for New Development) of the
Island Plan Core Strategy.

22

The storage of any materials (other than stored topsoil and overburden),
mobile plant and equipment used in connection with the permitted works shall
be confined to the temporary construction compounds.
Reason: To minimise the visual impact of the proposed development, to
protect the general character of the surrounding area, to prevent materials
from being stored within the adjacent SAC and to comply the requirements of
SP5 (Environment), DM2 (Design Quality for New Development) and DM12
(Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core
Strategy.

23

No construction operations authorised or required by this permission shall be

carried out, and no plant shall be operated, other than during the following
hours: 08.00 hours to 18.00 hours on Mondays to Fridays, 08.00 hours to
16.00 on Saturdays and no such operations shall take place on Sundays or
recognised Bank Holidays.
Reason: To minimise the impact of the development on nearby properties
and uses and to comply with the requirements of policy DM2 (Design Quality
for New Development) of the Island Plan Core Strategy.

24

No development shall take place until an Arboreal Method Statement has

been submitted to and agreed in writing by the local planning authority
detailing how the potential impact to the trees will be minimized during
construction works and showing the positions of protective tree fencing as
required by condition 25. The agreed method statement will then be adhered
to throughout the development of the site.
Reason: To ensure that the high amenity tree to be retained is adequately
protected from damage to health and stability throughout the construction
period in the interests of the amenity in compliance with Policy DM12
(Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core
Strategy.

49

25

No development including site clearance shall commence on the site until

trees shown to be retained in this permission have been protected by fencing
or other agreed barrier, any fencing shall conform to the following
specification:
Barriers shall consist of a scaffold framework as shown in figure 2 of BS 5837
(2012). Comprising of vertical and horizontal framework braced to resist
impact, with vertical tubes spaced at a maximum of 3 m intervals. Onto this
weld mesh panels are to be securely fixed. Such fencing or barrier shall be
maintained throughout the course of the works on the site, during which period
the following restrictions shall apply:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)

No placement or storage of material;

No placement or storage of fuels or chemicals.
No placement or storage of excavated soil.
No lighting of bonfires.
No physical damage to bark or branches.
No changes to natural ground drainage in the area.
No changes in ground levels.
No digging of trenches for services, drains or sewers.
Any trenches required in close proximity shall be hand dug ensuring all
major roots are left undamaged.

Reason: To ensure that the high amenity tree to be retained is adequately

protected from damage to health and stability throughout the construction
period in the interests of the amenity in compliance with Policy DM12
(Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core
Strategy.
26

Prior to the commencement of development, a scheme of works in relation to

the temporary closure of public rights of way at the site (footpaths V84 and
V85) shall be submitted to the Local Planning Authority for agreement in
writing. The scheme shall include details of the following:

Details of boundary treatments/ barriers to temporarily close the public

footpaths and to ensure public safety
Details of restoration and surface treatments for the footpaths once
reinstated
Details of the timing and duration of closure
Details of temporary measures to ensure that safe access is provided
during the development hereby permitted while the footpaths remain
accessible

The development shall be undertaken in accordance with the agreed details

the footpaths shall be reinstated once the construction of the cable route has
been completed.
Reason: In order to ensure that the existing Public Right of Way is protected,
to ensure a satisfactory scheme of restoration for the footpaths, in the

50

interests of sustainable transport and public connectivity/ safety and to accord

with policies DM2 (Design Quality) and DM17 (Sustainable Travel) of the
Island Plan.
27

Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) Order 2015 (or any Order revoking and re-enacting
that Order with or without modification), no development within Classes H and
J of Part 7 of Schedule 2 to that Order shall be carried out other than that
expressly authorised by this permission.
Reason: To regulate design in relation to the development, to protect the
appearance of the surrounding area, to safeguard the amenities of nearby
properties, to prevent excessive surface run-off from hard standings and to
comply with the aims of policies SP5 (Environment), DM2 (Design Quality for
New Development) and DM12 (Landscape, Seascape, Biodiversity and
Geodiversity) of the Island Plan Core Strategy.

The refusal (Option 1)

1

The proposed option 1 substation and temporary construction compound by

reason of their size, scale and location within an exposed and elevated
position would be intrusive and harmful additions that would compromise the
visual amenity of the area of public open space, nearby footpaths and the
landscape character of the surrounding area. Therefore, it is considered that
the option 1 development is contrary to the requirements of policies SP5
(Environment), DM2 (Design Quality for New Development) and DM12
(Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan
Core Strategy.

51

455000E

454750E

Scale 1:5000

455000E

454750E

455500E

455500E

P/01485/14 - TCP/25098/C
Flowers Brook, Steephill Road, Ventnor, PO38

455250E

455250E

455750E

455750E

456000E

456000E

77000N

77250N

77000N

76750N

77250N
76750N

52

02

Reference Number: P/00102/14 - TCP/01419/U

Parish/Name: Whippingham - Ward/Name: Whippingham and Osborne
Registration Date: 14/02/2014 - Full Planning Permission
Officer: Mike Gildersleeves Tel: (01983) 823552
Applicant: Feria Investments Limited
Proposed mixed use development comprising hotel and associated
infrastructure; formation of jetty; creation of new access road with
junction to Beatrice Avenue and works to Folly Lane; construction of 14
business units, shop and cafe, river users facilities; ecological
enhancement and mitigation works including works to foreshore;
construction of residential development comprising 82 houses and a
building containing 17 apartments (99 dwellings in total)
Further Environmental Information received in respect of ecological,
heritage and highway matters in accordance with Regulation 22(1) of the
Town and Country Planning (Environmental Impact Assessment)
Regulations 2011.
Additional and revised information relating to: Hotel design and layout;
Residential design and layout; Computer Generated Images; Response to
other matters raised following initial consultation. (Readvertised
application)
Folly Works, Folly Lane, East Cowes, Isle of Wight
The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The application is accompanied by an Environmental Statement and therefore the
Councils Constitution requires that it is determined by the Planning Committee.

MAIN CONSIDERATIONS

Whether the principle of development is acceptable

Economic considerations (including loss of a waterfront employment site and
provision of tourism)
Matters relating to housing provision and need
Impact on the character and appearance of the area (including heritage matters)
Impact upon neighbouring land uses
Highway considerations
Ecological and Arboricultural implications
Other matters including flood risk, drainage, viability, phasing, Planning
Obligations etc

53

1.

Details of Application

1.1.

The application seeks full planning permission for the re-development

of this previously-developed site. The scheme seeks to provide a
mixed-use regeneration scheme for regeneration to include the
provision of a hotel with jetty, 14 business units, a shop, caf and river
users facilities along with the development of 99 dwellings comprising
of 82 houses and 17 apartments. Within the scheme are detailed
proposals for works to Folly Lane including the provision of a new link
to Beatrice Avenue, a series of ecological enhancement measures
including works to the foreshore.

1.2

In addition to being submitted in full, the application is supported by an

Environmental Statement which seeks to demonstrate that all
Environmental, Social and Economic factors and impacts have been
appropriately considered and that the scheme is acceptable subject to
various mitigation proposals. The scheme has been subject to revision
and negotiation throughout its determination and additional information
to supplement the Environmental Statement has been provided and
this has been made the subject of a further consultation process.

1.3

The hotel proposed would be the largest building on site in terms of its
footprint and overall scale. This is proposed to be a 4* hotel and spa
with facilities which would be available to the occupants of the
proposed residential element and the local community. This structure
would comprise:

64 bedrooms - with opportunities for further 25 room expansion

Spa facilities including treatment rooms, indoor and outdoor
pools and gym
Bar, restaurant, caf and function rooms
Childrens room and play area
Riverside terrace/deck
12m x 21m area for marquee for events
102 parking spaces

In addition it is proposed that a boathouse, farm shop/caf, river users

facilities and 14 business units (430m) would be accommodated within
the overall hotel structure.
The hotel would have an irregular footprint and its layout, orientation,
position and scale have sought to utilise the existing site constraints
and opportunities including the position in relation to the waterfront and
prevailing topography. In terms of building envelope the main core of
the hotel structure would be 80m x 44m with a further bedroom wing
extending a further 46m north.
The proposal seeks a stepped approach to the scale of the building
with the building increasing in height towards its central core. As a
consequence, it would have a 4/5 storey scale when viewed from the

54

west (river), and 3 storey scale from the east.

The appearance of the building would be contemporary in nature as a
result of the flat roof design, large areas of glazing and various
balconies. The material palette includes render, coursed stone,
brickwork, timber boarding and aluminium windows/doors.
1.4

Associated with the hotel would be a pier/jetty to provide access to the

hotel and the residential units from the River Medina. This pier would
extend approximately 110m out from the shore to a landing stage 50m
in length. This would be a 2m wide deck with handrails set on 400mm
diameter piles set at approximately 4m centres. Associated with this
would be a single storey building which would act as a pier
management facility.

1.5

The residential element of the scheme would comprise 99 residential

units in total, full details in respect of layout, scale, design/appearance
and landscaping have been provided in relation to each plot. The
residential development would comprise 82 detached units and a block
comprising 17 apartments. This would be broken down as follows:
Northern part of site:

21 x 2-storey 4bed units

20 x 2.5-storey 3bed units
16 x 2 storey 3bed units

Southern part of site:

18 x 2-storey 2bed units

6 x 2-storey 3bed units

Gatehouse 1 x 2-storey 2bed units

Apartments - 17 x 2-bed units. This block would comprise 3/4 storeys
of accommodation over an under-croft parking area. This would be
located to the east of the proposed hotel.
The residential design and appearance seeks to reflect the
contemporary approach adopted for the hotel so that all elements
appear cohesive and of a similar theme.
1.6

The scheme also includes for a 2 storey office building which would be
associated with the gatehouse. This building would be approximately
30m x 8.7m and would be located at the main entrance to the site. This
would provide a facilities building associated with the management,
maintenance and operation of the site generally both during and
post-construction. This building would be of a barn-style with reception
and storage areas at ground floor and offices at first floor level.

55

1.7

1.8

The scheme includes a detailed package of environmental mitigation

measures, the key aspects of which include:

Provision of a purpose built bird-hide/interpretation space with

associated decking. This would be a curved roof single-storey
structure located adjacent to the boundary with the Medina
Mariners.

Works to the foreshore to remove existing hard-standing and

deposited material and create a more natural foreshore
environment. This would include the creation of "bird island" within
an area of foreshore access to which would be restricted. A public
"Riverside lawn" would be located between the proposed
buildings and the restricted area.

Works to Padmore SINC include restoration works including the

reintroduction of sheep grazing over approximately a third (the
eastern corner), and a management regime of mowing and scrub
management over the remainder to improve botanical diversity. A
new pond will be created in the north-east corner, an artificial
badger sett within the woodland section , would all form part of the
overall managed provision of habitats for refuge, forage and
breeding to be delivered across the site's ownership. The natural
regeneration of broadleaved woodland spreading into the field
would also be encouraged to establish a maturing tree screen
over the life of the phasing programme.

Works to woodland areas on-site mainly comprise management of

the wooded environment to allow the retention of these significant
landscape features which provide the setting and screening of the
site. Some removal of successional vegetation would be required
in order to encourage the longer-term regeneration of
broadleaved species. These areas would form important areas for
biodiversity, along with providing opportunities for play spaces.

In terms of other infrastructure the scheme also includes works to Folly

Lane. The existing road is a private road falling within the ownership of
the application site, whilst serving the existing residential, commercial
and leisure uses. It is proposed that the scheme would include for the
provision of:

A new junction between Beatrice Avenue and Whippingham

Road. This would be signal controlled.
A new junction on Beatrice Avenue, leading to a new upper
section of Folly Lane between the existing route and Beatrice
Avenue. This would cross an existing field to the east of Malacca
The existing road from the front of Malacca would then be
resurfaced and reconstructed within its existing footprint. A new
footpath would be provided within the adjacent fields (behind the
hedgerows) to provide a dedicated walking/cycling route.

56

The existing upper section of Folly Lane (between the junction

with Whippingham Road and Malacca would be closed to traffic
with the exception of the existing properties and business at
Padmore Farm.
A new main entrance to the application site would be provided to
serve the hotel and the residential units. A secondary access to
the hotel car park would also be provided direct from Folly Lane.
The business units would be accessed from Folly Lane, as would
the hotels service yard.
Pedestrian access to the frontage of the site would be provided at
the south-western corner of the development site where the
existing vehicle arrangement is.
Further improvement works would be undertaken to the existing
public right of way which crosses the site and Padmore SINC to
create a footpath and cycleway.

1.9

The submitted documents identify that the whole of the site would
become a managed environment, with the majority of the residential
units benefitting from access to the communal grounds and open
spaces which comprise a mix of open grounds, foreshore environment
and equipped play spaces. It is identified that there would be a linkage
between the occupants of the residential units and the ability to use the
facilities that would be located within the hotel.

2.

Location and Site Characteristics

2.1

The existing Folly Works (or SARO) site is located on the eastern bank
of the River Medina. Located within the parish of Whippingham the site
falls approximately half-way between East Cowes and Newport. As a
consequence of this location it falls within the Medina Valley Key
Regeneration Area.

2.2

The site is currently accessed via Folly Lane which is a private road
falling within the control of the application site. Folly Lane shares a
junction with the strategic road network and the A3021 (Whippingham
Road). The lower section of Folly Lane (immediately adjacent to the
application site) forms footpath N199, and footpath CS24 runs through
the north-eastern corner of the site across Padmore SINC.

2.3

The site represents a significant land holding comprising predominantly

of the former industrial works along with surrounding fields. The
submitted plans also indicate that in addition to Folly Lane, there is
control over other areas of land on approach to the site which are
included as part of the overall scheme of infrastructure and
environmental works. The total application site is circa 14hectrares.

2.4

Folly Works (also known as SARO) is a large, waterfront, former

industrial site which was formerly operated by Saunders Roe. For the
construction and manufacture of various marine and aviation craft. The
site and its associated factories also played an important role during

57

World War 2. In 1960 a large fire at the site destroyed large parts of the
site. This coupled with dwindling production and changes to modern
fabrication methods saw the decline of the works as a large employer,
and eventually production ceased at the site in 1996.
2.5

As a result of its closure and subsequent unauthorised occupation and

vandalism, the site is visually representative of a derelict and
abandoned site. The site is enclosed on all sides by security fencing.
There are a number of large structures which are in poor states of
repair, there are large areas of un-used hardstanding and the various
areas of woodland and open areas have been left unmanaged and
where natural succession has occurred.

2.6

Within and immediately around the site are various landscape and
ecological designations, these include:

River Medina SAC, SPA/RAMSAR, SSSI

Padmore SINC
Claypitts Copse TPO

In addition the water frontage is designated as Flood Zone 2/3.

2.7

Neighbouring uses include The Folly Inn (Greene King) which is

located to the south of the development site. This benefits from a pier
and landing platform out to the Folly Marina which itself forms part of
the wider Folly Reach which provides circa 3000 berths. Also to the
south is the area operated by Medina Mariners which includes a
boatyard, pontoons, and public slipway. To the east of the site is
Medina Park which is a complex of retirement homes.

3.

Relevant History

3.1.

There is considerable planning history relating to the former use of the

site, however this is considered to be of no relevance to the current
proposal.

3.2

More recently (2012) 2 temporary permissions have been granted to

allow existing buildings on site to be used as storage in connection with
a rowing club and commercial storage. These will expire at the end of
2015.

4.

Development Plan Policy

National Planning Policy

4.1.

National Planning Policy Framework (NPPF) constitutes guidance for

local planning authorities and decision-takers both in drawing up plans
and as a material consideration on determining applications. At the
heart of the NPPF is a presumption in favour of sustainable
development.

58

4.2

The NPPF sets out three roles (economic, social and environmental) that
should be performed by the planning system. The Framework states that
pursuing sustainable development involves seeking positive improvements in
the quality of the built, natural and historic environment, as well as in peoples
quality of life, including (but not limited to):

encouraging economic-led development

making it easier for jobs to be created in cities, towns and villages
moving from a net loss of bio-diversity to achieving net gains for nature
replacing poor design with better design
improving the conditions in which people live, work, travel and take
leisure and
widening the choice of high quality homes

Local Planning Policy

4.3

The application site is located outside of a defined settlement boundary but

within the Medina Valley Key Regeneration Area. The following policies are
relevant to this application:

SP1 - Spatial Strategy Supports development on appropriate land

within or immediately adjacent the defined settlement boundaries of the
Key Regeneration Areas, Smaller Regeneration Areas and Rural
Service Centres. Provides priority for the re-development of
previously-developed land.

SP3 Economy States that economic growth on the Island will be

focussed upon employment, retail and high quality tourism and that
development will be primarily located in the Key and Smaller
Regeneration Areas.

SP4 Tourism States that the Council will support sustainable growth
in high quality tourism proposals. The policy states that proposals for
tourism related development should utilise the unique characteristics of
the historic and natural environment and that the Council wishes to see
the Island become an all year round tourism destination.

SP5 - Environment Offers support for proposals that protect, conserve

and/ or enhance the Islands natural and historic environments, and to
protect the integrity of international, national and local designations.

SP7 - Travel - Offers support for proposals that increase travel

opportunities and provide alternative means of travel to the car.
Development proposals should not negatively impact on the Islands
strategic road network, or the capacity of lower level roads to support
the proposed development.

AAP1 Medina Valley States that the Council wants to see the
Medina Valley strengthen its position as a focal point for residential and

59

economic growth on the Island.

DM2 - Design Quality for New Development Gives support to

proposals for high quality and inclusive design to protect, conserve and
enhance the existing environment whilst allowing change to take place.
The policy states that relevant information relating to the site size,
location and context is required and that proposals will be expected to
provide an attractive, functional and adaptable built environment,
optimise the potential of the site taking into account constraints, be
appropriately landscaped and compliment the surrounding area.

DM3 - Balanced Mix of Housing - The Council will support development

proposals that provide an appropriate mix of housing types and size, in
all new development, in order to create inclusive and sustainable
communities.

DM4 Locally Affordable Housing - In this location the Council expects

that the development will provide 35% of the dwellings as on site
affordable housing. The target mix of 70% of affordable housing to be
social / affordable rented and 30% for intermediate tenures.

DM8 Economic Development States that the Council will, in principle

and in line with National Policy, support proposals for rural economic
opportunities.

DM11 Historic and Built Environment States that the Council will
support proposals that positively conserve and enhance the special
character of the Islands historic and built environment.

DM12 Landscape, Seascape, Biodiversity and Geodiversity: States

that the Council will support proposals that conserve, enhance and
promote the landscape, seascape, biodiversity, and geological interest
of the Island.

DM13 Green Infrastructure: States that the Council will support

proposals that protect, enhance and manage the Islands diverse
network of Green Infrastructure assets. This includes increasing
accessibility and delivery of appropriate mitigation.

DM14 Flood Risk States that the Council will expect development
proposals to reduce the overall and local risk of flooding on the Island
and that development proposals should meet the aims and objectives of
the Councils Strategic Flood Risk Assessment.

DM17 Sustainable Travel Supports proposals which increase travel

choice and reduce the reliance on the private car.

DM21 Utility Infrastructure Requirements: Supports proposals for

improvements to infrastructure and requires proposals to demonstrate
that there is sufficient capacity to accommodate development or to

60

provide additional capacity where required.

DM22 Developer Contributions: Outlines the Councils approach to the

assessment of viability and the requirement for developer contributions
which would be secured through Planning Obligations.

4.4

The Solent Special Protection Areas (SPA) Supplementary Planning

Document (SPD) (2014) requires that the impacts upon the Solent SPA from
recreational pressure, resulting from residential development, are
appropriately mitigated, in accordance with the Solent Disturbance Mitigation
Project.

4.5

The Childrens Services Facilities Contributions (CSFC) Supplementary

Planning Documents (SPD) (2014) requires that for developments of 10 units
or more, where it is confirmed that the availability of school places is required,
contributions will be sought in relation to each additional dwelling proposed.

5.

Consultee and Third Party Comments

Internal Consultees

5.1

The Councils Ecology Officer has advised that the project has evolved over
many months in close consultation with Natural England and the local
authority, and in liaison with RSPB and Hants and IW Wildlife Trust. This
iterative process has resulted in a series of changes, modifications and
proposals to reach the current position. Detailed assessment of the information
leads to the conclusion that the site can be developed in a manner which is
legally compliant with European and UK wildlife legislation and offers a range
of mitigation and enhancement measures. Subject to the imposition of
appropriate conditions and the SPA contribution.

5.2

The Councils Tree Officer has provided detailed comments on the application,
some areas of concern are identified in terms of plots 15, 16, 31 and 57. .

5.3

The Councils Environmental Health Officer has provided detailed comments in

relation to contaminated land, noise, odour, light and has raised no objections
subject to the imposition of appropriate conditions.

5.4

The County Archaeologist has raised no objections to the scheme subject to

the imposition of a condition requiring a scheme of archaeological works to be
agreed. The site is noted for its industrial/ socio- economic and historical
significance. The Environmental Statement accompanying the application
provides a rigorous assessment of significance and potential of the site. The
accompanying archive of over one hundred photographic images will ensure a
lasting record of the site as it stands will be recorded on the County HER. The
existing remains are not worthy of preservation under policy DM11. The access
road will require a significant engineering works which have the potential to
encounter previously unknown archaeological remains from all periods, a
condition requiring that these works are monitored by a competent professional
archaeologist is required.

61

5.5

The Crime Prevention Design Advisor has advised that they neither object or
support the proposals. They have queried the security of rear gardens and
concerns regarding the design of the units (a need to leave windows open to
aid ventilation) and have commented on the potential lack of natural
surveillance of the access road.

5.6

The Highway Engineer from Island Roads on behalf of the Highway Authority
recommends conditions, should consent be granted.

5.7

The Public Rights of Way Team have neither objected to or support the
proposals but have provided detailed comments which highlight the following:
Public Footpath N199 - For the reason of health and safety, there should be no
increase in the volume of motor vehicles using this path..
Public Footpath CS24 - Full details of the proposals to upgrade this path both
in terms of surfacing and adjoining landscaping, planting, fencing are required.
Rights of Way have no objection to this surface being upgraded to cycle track
width and standard but consider that it should not be promoted as a cycling
route at this stage. There is an aspiration of the Council/LSTF board to create
a cycle route from Island Harbour to Whippingham/East Cowes which is at an
early stage.
General - While the remainder of Folly Lane leading to Whippingham Road
(and the proposal for an additional section leading to Beatrice Avenue) are not
Public Rights of Way, the Lane is used by walkers and pedestrians to gain
access to Public Footpath network and other locations/facilities. Rights of Way
therefore consider it essential that any improvements to the Lane (and any
additional new sections) are improved/designed to ensure that it can be safely
used by pedestrians and cyclists.
In order to promote sustainable travel in the area and to mitigate against
development impacts, Rights of Way request that a contribution be made
available to improve the existing public rights of way in the area, in particular
funding be made available to improve N199, N122 leading to Island Harbour
and the remaining section of CS24 leading to Whippingham
Church. Improvement works would include vegetation clearance, surfacing,
boardwalks, bridges and gates, all of which would promote sustainable travel
and easy access routes.

5.8

The Councils Economic Development section raise no objections. They

welcome the development in that it delivers economic use on a long term
brownfield site. Appropriate mechanisms are required to ensure that the hotel
and business units are delivered. A request is made to secure an appropriate
employment and skills plan.

5.9

The School Organisation Officer has identified that this development would be
expected to yield 25 additional primary pupils which would increase pressure
for places locally. A contribution of 421,400 is identified as being required

62

which would be used towards the cost of additional infrastructure at local

primary schools. No contribution is required for secondary schools.
External Consultees
5.10

Natural England highlight that the site is partly within and adjacent to habitats
which form part of the Medina Estuary SSSI. The SSSI is part of the Solent
Maritime Special Area of Conservation (SAC), Solent and Southampton Water
SPA and is a Wetland of International Importance under the RAMSAR
Convention. Natural Englands have previously requested additional
information and having reviewed the additional documentation have confirmed
that they raise no objection to the scheme. They have identified that subject to
the imposition of conditions and the requirement for mitigation as required by
the Solent Mitigation and Disturbance Project (SMDP) SPD, the scheme would
be would be unlikely to have a significant effect.

5.11

The Environment Agency has raised no objection to the proposal as submitted

they have requested conditions in relation to flood risk, restrictions regarding
piling, provision of a Construction Environmental Management Plan,
contaminated land and methodology for removal/long-term management of
Japanese Knotweed. They have identified that additional licenses may be
required in relation to other legislative regimes including Water Framework
Directive, Flood Defence Consent, Environmental Permitting and a Marine
License.

5.12

English Heritage originally commented on the application and requested

additional information in order to make an informed assessment. They have
neither objected or supported the proposals and have commented that the
additional information has enabled a better understanding of the potential
impact on the setting of St. Mildred's Church. In views from the church the new
development is not likely to be visible, in views back
towards the church the new development would remain intrusive however this
is considered to represent a low level of harm to the significance of the listed
building.

5.13

Visit IOW have identified that they support the proposals which would provide
a quality tourism offer. They feel the proposals would fit with the Medina Valley
AAP and would achieve the aims of the DMO and the Core Strategy.

5.14

Southern Water have highlighted the indicative positions of public sewers

within the locality. They indicate that there is currently inadequate capacity in
the area to serve the development but recommend an informative in relation to
foul drainage provision. Regarding surface water they have requested a
condition to ensure that the SUDS approach is appropriately designed which
could include an element of surcharging into the public sewer to prevent
flooding. They have also requested appropriate consideration of requirements
for treatment of water from the swimming pools and filters for grease-traps for
kitchen waste which could be controlled through conditions. No objection is
raised.

63

Parish Council Comments

5.15

Whippingham Parish Council have advised that they support the scheme and
welcome the proposal to regenerate this derelict site. They feel it would
rejuvenate the village and correct the age balance and would also offer
opportunities for job creation and recreation facilities. The Parish Council
appreciate the extent of public engagement and wish to see this continue.
They request a small memorial/monument to recognise Saunders Roe links to
the site.

Third Party Representations

5.16

The application has undergone 2 rounds of consultation, the following

responses were provided.
2 letters of support have been received.
4 letters offer support to the principle of development but raise concerns and
request conditions or changes to the scheme.
20 letters of objection have been received which raise various concerns which
can be summarised as follows:

5.17

Over-development
Poor design and density
Concerns regarding traffic lights on Beatrice/Whippingham junction
Lack of infrastructure locally and Island-wide
Impact on the setting of Padmore House
Impacts on ecology
Increased disturbance
Impact on Rights of Way
Concerns regarding viability of Hotel and impact on the Folly
Impact on river-scape
Contrary to policy
Lighting concerns
Impact on residents of Medina Park

Hampshire and IOW Wildlife Trust raise objections to the application in relation
to the following:

Contrary to policy loss of marine-related industrial site

Jetty would impact upon the SPA/SSSI
Impact on the River Medina and concerns regarding sustainability of the
site for the proposed use

Mitigation measures are insufficient to offset the impacts of development.

Concerns regarding bird island mitigation due to flooding

64

Concerns regarding disturbance and impact on wintering waterfowl

reference is made to potential prejudicing of the success of other sites.

Additional information provided is insufficient to address concerns

5.18

RSPB raise objections to the application in relation to the following:

Insufficient justification for the proposed jetty. Insufficient mitigation

proposed.

Concerns regarding bird island and long-term management and success

of this feature due to tidal inundation.

Lack of information regarding the Benthic environment which supports

waterfowl using the area.

Contrary to planning policy contrary to historic policies relating to this

site.

Increased disturbance and risk to the SPA. Lack of justification or

mitigation.
Additional information provided is insufficient to address concerns

5.19

The Campaign to Protect Rural England (CPRE-IW) are pleased to see the
re-use of a brownfield site, but raise concerns regarding:

The amount of development

The modern design approach
Light pollution

They support what they believe to be a bold and innovative scheme and
support the views of the Parish Council.
5.20

Island Watch support the principle of development and the ecological

enhancements, but object to the design and density.

6.

Evaluation
Principle of development

6.1

The Island Plan Core Strategy identifies the application site as being within the
boundary of Medina Valley Key Regeneration Area, but outside of a defined
settlement boundary. The proposal falls within the rural part of the Key
Regeneration Area. New development in such locations will be considered
principally against the starting point of Policy SP1 of the Core Strategy.

6.2

Policy SP1 (Spatial Strategy) of the Core Strategy states that economic led
regeneration will be supported on appropriate land within or immediately
adjacent to the defined settlement boundaries of the Key Regeneration Areas,
prioritising the redevelopment of previously developed land where such land is
available, suitable and viable for the development proposed. Unless a specific
local need it identified, development proposals, outside of and not immediately
adjacent to the boundaries of Key Regeneration Areas will not be supported.
Para 5.17 of the supporting commentary indicates that the Wider Rural Area

65

constitutes the rest of the Island outside the Key Regeneration Areas and the
identified settlement boundaries of the Smaller Regeneration Areas and the
Rural Service Centres. Policy SP1 also confirms that proposals for tourism
related development will be supported in accordance with policy SP4.
6.3

As outlined by policy SP1, SP4 (Tourism) offers support for sustainable growth
in high quality tourism across the Island. Although this matter will be evaluated
in greater detail in the later sections of this report, it is considered that this
policy outlines support for the tourism related elements of this scheme.

6.4

In considering the broad principle of development Officers consider that this

would be acceptable. The site is previously-developed and located within the
Medina Valley Key Regeneration Area and would provide for tourism,
commercial and residential development that would be in accordance with
policies SP1, SP2 and SP4 of the Island Plan.
Economic considerations (including loss of a waterfront employment site and
provision of tourism)

6.5

Given the nature and scale of the development that is proposed there are
numerous economic factors which require consideration including the loss of
this former employment site which has waterfront access, the tourism issues
including the quality and type of accommodation, and the general economic
impacts of the proposed scheme.

6.6

These issues are to be considered against policies SP3, SP4, AAP1, and DM8
of the Island Plan, in conjunction with the NPPF (and NPPG).
Loss of existing employment site:

6.7

Concerns have been raised by third parties that the scheme would result in the
loss of a large employment site with waterfront access and that the scheme
would therefore be contrary to historic and current planning policies. In
considering this issue, the starting point must be the adopted policies of the
Island Plan Core Strategy (in particular SP1, SP3, AAP1 and DM8) and where
the plan is silent appropriate weight is afforded to the NPPF and NPPG.

6.8

The application recognises that the site was previously part of the industrial
history and heritage of the River Medina, Whippingham, Osborne and East
Cowes. At its peak this site was a major local employer and was occupied by a
number of large manufacturing buildings and utilised the access to the
waterfront. In 1960 a large fire destroyed large parts of the site. This coupled
with dwindling production and changes to modern fabrication methods saw the
decline of the works as a large employer, and eventually production ceased at
the site in 1996 and in that year the site was vacated. The site has not been
utilised meaningfully for employment purposes since 1996 and has fallen in to
a state of dereliction owing to a lack of use and previous vandalism. There is
currently a modest level of employment use on the site owing to the temporary
storage operation which was approved in 2012.

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6.9

The employment policies of the Island Plan are considered to be consistent

with the policy approach advocated by Government through the NPPF.
Policies SP3 and DM8 seek to support proposals which would bring about
economic regeneration and sustainable economic growth, with growth being
focused towards the Key Regeneration Areas.

6.10

In terms of loss of employment, Policy SP3 resists the loss of employment

sites of one hectare or above where they are important to sustaining the local
economy or where mixed use redevelopment would not maintain the scale of
employment opportunities on site. Whilst AAP 1 (bullet 7) highlights the
AAP process will offer the opportunity to examine the requirement to ensure
that appropriate water access for employment uses is maintained (see para
6.26).

6.11

The application site is greater than 1 hectare and also benefits from water
access to the River Medina, in this regard, the potential impacts of its loss must
be considered.

6.12

As has been identified the application site, the has not been occupied as a
large scale employer for a significant period of time, its buildings and grounds
are in a poor state of repair and to return it to a large scale economic use
would require significant investment. This investment would also be required to
address issues relating to contamination, and utility infrastructure and would
give rise to significant development costs. In addition, the site is constrained by
virtue of its restricted road access (based on the current width, alignment, and
construction of Folly Lane coupled with the junction to the Whippingham Road)
which in Officers opinion would not be conducive to a modern employers
needs. In terms of the access to the water, the site could benefit from tidal
access to the River Medina, however to enable this access to return would
again require significant investment and would also be likely to be constrained
by virtue of the ecological designations and sensitivity of the surrounding
environment and the need to comply with current policies and legislation. In
Officers view in the event that an end user could be found there are significant
hurdles in terms of development cost and infrastructure coupled with the
characteristics of the site and the surrounding environment which would hinder
potential for employment use to return. As such it is considered that there is
little prospect of a large scale employment use returning to this site.

6.13

What cannot be ignored is that the scheme proposed would create

employment opportunities (as evidenced within later sections) albeit these
would not be within the traditional B1,B2,B8 meaning of employment as
indicated by policies SP3 and DM8. The proposed scheme would result in the
creation of an alternative employment model for the site, working with the
existing constraints and opportunities offered by the site and its surrounding
environment and which would have the potential to contribute significantly to
the tourism and leisure economy on the Island as advocated by policy SP4.
The scheme is proposed as a mixed-use scheme to provide a viable scheme
for re-development which can address the high development costs associated
with the site and this could be appropriately controlled through phasing. As
such, Officers consider that this would mean the scheme is in accordance with

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policy SP3 (see para 5.138 and 5.139) as it would provide alternative
opportunities for job creation and employment through a mixed-use scheme.
6.14

Further to the above, Officers advise that the Councils assessment of this site
would be in accordance with the principles of the NPPF (para 22) which
requires that planning policies should avoid long-term protection of sites for
employment use where there is no reasonable prospect of use for that
purpose. The NPPF advocates that applications should be determined on their
own merits with regard to market demands and the need for different uses to
support sustainable communities. Due regard must also be given to the
approach of the NPPF to support the re-use of previously-developed
employment sites for residential development. As such, Officers consider that
the approach to the provision of a mixed-use re-development of the site
comprising employment opportunities alongside residential development would
be in accordance with the NPPF.

6.15

Based upon the above, Officers raise no objections to the re-use of this
redundant and derelict site for the mixed-use approach that is presented by
this proposal.
The proposed scheme:

6.16

The aspiration for the proposed development is to deliver high quality

regeneration of the site including the ecological enhancement and habitat
creation which are essential to the aim of creating a unique tourism destination
at the site. The residential aspects principally acting as an enabling factor to
ensure delivery, whilst also forming a small sustainable community which
would support the non-residential facilities that are proposed.

6.17

Focusing specifically on the tourism element of the proposal, the proposed

development has the potential to create a tourism hub with several unique
offers, including the nature conservation interest of the Special Protection Area
and the enhancements the scheme will bring in the form of the proposed zone
of tranquillity and Bird Island. The site is identified as being uniquely placed to
provide access to the countryside (and associated leisure activities such as
hiking and cycling) and to take advantage of a location along the Medina to
appeal to yachtsmen and other water-users, and events unique to the Island
such as Cowes Week, Round the Island Race and Little Britain Challenge,
along with further interest through its military heritage, which will be highlighted
by interpretive visitor displays featuring on the site. In Officers opinion the
scheme has the potential to build on the existing popularity of the adjacent
Folly Inn and moorings as a tourism destination.

6.18

The Isle of Wight Hotel Futures Report sets out needs and recommendations
for the hotel sector on the Island, and highlights market potential for several
hotel types including boutique hotels, spa hotels and luxury family hotels. The
hotel element of the Folly Reach proposal (comprising a 64 bedroom 4* hotel,
including restaurant, function areas, pools, spa and gym facilities) would
clearly assist in meeting the requirements of multiple customer groups where
market potential has been identified. The proposal accords with the

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recommendations that support newer hotel developments whilst distorting the

existing hotel offer on the Island; by focusing on attracting new markets.
6.19

The ES indicates that the 4* hotel at Folly Reach is expected to accommodate

around 3,593 unique visitor trips in the first year of operation, and value of the
site as a tourism destination is forecast to rise to 0.93 million in visitor
expenditure by the fifth year of operation, assuming 100% domestic visitors.
However this figure is anticipated to be increased as a result of the potential to
attract a substantial proportion of overseas visitors, along with the attraction of
new business that doesnt exist at present.

6.20

In Officers opinion it is clear that the hotel element would be in accordance

with Policy SP4 in that it would contribute towards sustainable growth in high
quality tourism and proposals that increase the quality of existing tourism
destinations and accommodation across the Island, which utilise the unique
characteristics of the historic and natural environments.

6.21

The supporting documentation (including ES) robustly considers the potential

economic impacts as a result of the scheme. In terms of employment creation,
this identifies that there is the opportunity to create up to 164 full-time
equivalent (FTE) positions plus a further 13 full-time apprenticeships, with an
estimated gross salary of circa 4million per annum. The positions that would
be created would cover a wide spectrum of sectors including construction
(estimated 23 FTE pa); those linked to the hotel - management,
service/hospitality, housekeeping, accounting, security etc; general site
services ground/property maintenance, cleaning, security etc;
leisure/seasonal positions on-site shop, caf, water-user facilities, jetty
services. The variety of job types to be created is also broadened by the
proposed business units (including the site management office and serviced
lettings office) which present opportunities for a wide variety of business-start
up or expansion initiatives.

6.22

In terms of new businesses there is the potential for up to 21 new enterprises

to be created at the site. Businesses will be created at various points in the
delivery of the scheme as follows:

1 x Executive office of the project developer;

1 x Site reception, central facilities and sales office;
1 x Serviced lettings business;
1 x Facilities building
1 x Shop and Cafe;
1 x 4* Hotel;
1 x potential new businesses in connection with construction work;
14 x business units available for occupation by start-up businesses
Plus, ongoing potential for businesses to be created associated with the
new status of Folly Reach as a leisure hub, such as:
o Cycle hire / repair business

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o Yachting and other water-based activities businesses

o Equestrian businesses
6.23

The scheme identifies that it would have significant local economic impacts as
a result of the increased demands for goods and services. The construction
phase will create very large requirements for construction materials, haulage
and delivery, plant and machinery hire and labour which given the scale of the
development and the long term nature of the construction phase should be
expected for the duration of the construction phase, which would be sustained
following the occupation of the proposed housing and operation of the hotel
use. The mix of uses proposed would have the potential to positively impact on
the demand for goods in the local economy, with strong benefits for supply
chains on the Island, which are expected to grow over time. The potential for
the future expansion of the capacity of the hotel should also be taken into
account when considering the long term economic impacts of the scheme. In
addition the residential and business rates which would be generated by the
scheme, it is clear that significant public revenues amounting to approximately
369,650 per annum will be produced alongside the substantial benefits which
will be brought to the local private sector economy.

6.24

It is recognised that the Parish Council support the scheme on the basis of its
potential benefits to the local economy and in Officers opinion the proposed
scheme would have the potential to bring about significant economic benefits
in terms of both job and business creation, this would be in accordance with
policies SP3 and DM8 of the Island Plan.

6.25

In concluding the employment issue, Officers consider that there is no

sustainable basis to resist the regeneration of this site for mixed-use purposes
or to seek to require it to be retained as a traditional water-frontage
employment site. The scheme has the potential to offer an alternative
employment model on the site which would be more appropriate to its location
and characteristics. The uses proposed have the potential to create a
significant visitor location and cater for a new tourism market which would
supplement the Islands existing offer, alongside creating various opportunities
for small-business creation. As such, Officers consider that the scheme would
be in accordance with policies SP1, SP3, SP4 and DM8 of the Island Plan.
Matters relating to housing provision and need

6.26

Policy SP1 identifies that there is a priority for the re-development of

previously-developed land within Key Regeneration Areas, but also requires
that sites outside of and not immediately adjacent to a settlement boundary
must identify a local need. In this regard, the application site is a
previously-developed site within the Key Regeneration Area but outside of a
settlement boundary.

6.27

Policy SP2 (Housing) outlines the need to provide 8,320 dwellings for the Isle
of Wight in the period of 2011 2027, which is an average of 520 per year.
The distribution of these dwellings would see the need for 1,350 within the
Medina Valley, where the site is located. The policy goes on to state that to

70

ensure these targets are met, the Council will permit development in
accordance with the provisions and policies of the Core Strategy.
6.28

Policy DM3 (Balanced Mix of Housing) states that proposals will be expected
to reflect the most up-to-date Strategic Housing Market Assessment, contribute
to meeting the identified housing need for the local area and contribute to
meeting specialist housing requirements. It also outlines that the final mix will
be negotiated with the developer.

6.29

Due regard must also be given to principle 6 of the NPPF which seeks to
provide a wide choice of high quality homes, focusing on the need to ensure
housing delivery to meet the needs of the community and the priority that is
given to the re-use of previously-developed land.

6.30

The application, in very general terms, seeks to achieve a proportion of this

requirement although it is also identified that the residential development and
the hotel are linked in that the residential elements would act as an enabler to
ensure that the overall scheme is deliverable as a result of the development
costs. It proposes a total of 99 units comprising of 82 detached units and 17
flats. These would cater for a mix of unit sizes ranging from 2-bed to 4-bed.

6.31

The submission identifies the proposal as a unique opportunity to provide an

increased choice of homes within the Medina Valley and due its high
specification and unique location the proposal would encourage competition.
The mix of housing proposed on site will accommodate a range of family sizes
and individuals and the supporting information concludes that the scheme
would comply with policies SP1, SP2 and DM3.

6.32

Policy DM3 of the Core Strategy confirms that proposals need to reflect the
most up to date Strategic Housing Market Assessment (SHMA). The latest
SHMA was published in August 2014 and follows the NPPG in that it looks at
future population growth over the plan-period based on demographic change.
The SHMA broadly confirms that the Councils current position in respect of the
overall level of housing delivery required on an annual basis (520dwellings)
over the plan-period as set out in policy SP2 is broadly reflective of the current
and future trends of the housing market on the Island.

6.33

It identifies that whilst the focus should be for smaller (2/3-bed properties)
within both market and affordable housing to meet a wide and flexible need (ie
new households, young families, downsizers etc), there should be
areasonable degree of flexibility to ensure that, in applying mix to individual
development sites, appropriate regard can be given to the nature of the
development site, the character and existing housing stock of the area as well
as the most up-to-date evidence of need/demand.

6.34

The SHMA confirms that Whippingham Parish forms a sub-market area with
East Cowes. Within the East Cowes housing sub market the SHMA estimates
that there is a need to provide 34units per annum to meet the total newly
arising need (newly forming households and changing circumstances i.e.
accommodation is too small) plus 15 units of affordable housing per annum.

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Therefore a need for 49 units per annum within this sub market area is
required to meet the identified housing need.
6.35

In terms of unit sizes, the SHMA identifies that within the sub-market, the unit
sizes for future market housing should be:

1-bed - 6.1%
2-bed 45.6%
3-bed 41.6%
4+bed 6.7%

The proposed scheme would provide:

1-bed 0%
2-bed 35%
3-bed 44%
4-bed 21%

In Officers opinion with the exception of the 1 and 4-bed units, the proposal
would be in broad accordance with the mix advocated by the SHMA.
6.36

Having considered the proposed scheme, Officers are of the opinion that the
given the characteristics of the proposal (aka a high quality, high value housing
product) the scheme would be unlikely to specifically meet an identified local
need and would be aimed at meeting a market-demand. That said, Officers
accept that in theory the number and mix of unit sizes would contribute
towards meeting the needs identified by the SHMA. Further the units proposed
would contribute towards meeting the overall housing figures for the Medina
Valley Key Regeneration Area and would be developed on
previously-developed land which is considered to be preferential to the
development of greenfield sites. As such, it is considered that there is sufficient
justification for the delivery of residential development on this site based upon
the mix and number of units proposed.

6.37

It is also recognised that the supporting submissions indicate that the proposed
dwellings would have the potential to provide family housing for economically
active individuals on a large scale within Whippingham. Officers recognise the
comments of the Parish Council who support the proposals on this basis as
they consider that the scheme has the potential to address the age profile of
the Parish.

6.38

In addition, it must be remembered that the number and mix of units proposed
has been developed to ensure that the scheme generates sufficient value in
order to enable the non-residential aspects of the proposals to be brought
forward. Having tested this through the development appraisal and viability,
Officers are confident that this position has been robustly presented.

6.39

The final consideration in respect of housing need relates to the requirements

for Affordable Housing as set out in policy DM4. This requires provision of 35%
on-site (split 70% affordable/social rented and 30%intermediate tenures) for

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developments of 15units or more. The policy does allow for flexibility subject to
open-book appraisal.
6.40

Due to the viability of the scheme and its high development costs, this scheme
does not include provision of Affordable Housing on-site and does not propose
a contribution towards Affordable Housing. This is based upon a detailed
open-book viability appraisal which identifies that the scheme would be
unviable if either on-site Affordable Housing or a financial contribution were
sought. This has been the subject of detailed discussions and negotiations with
the developer throughout the determination of the scheme. It should be noted
that based upon the information within the appraisal, the scheme as presented
would see the developers return being 13.5% which is considerably below the
20% return that is advocated by the RICS guidance.

6.41

Having considered the viability appraisal, Officers are of the opinion that the
appraisal is robust and Officers are in agreement with its outcomes. Officers
have entered into a negotiation with the developer regarding planning
obligations (as set out in detail later in this report), but in relation to Affordable
Housing the applicant has however indicated agreement to clauses within the
Section 106 agreement to secure an overage arrangement. This
arrangement would ensure that a percentage of any increase in the end value
(Gross Development Value) of the residential units is captured, with the
maximum figure being capped at 1million. This overage would only relate to
Affordable Housing and thus any contributions that were received through
these clauses would be ring-fenced for the purposes of providing off-site
Affordable Housing.

6.42

Given the characteristics of the development, the viability and the offer that has
been presented, and the location of the development it is considered that the
approach that has been presented in respect of Affordable Housing is
agreeable in this instance. Officers consider that there are wider public benefits
to the provision of this development as a whole that place significant emphasis
on the provision of a deliverable scheme as opposed to the provision of
Affordable Housing in this instance. Given this and the opportunity to collect a
contribution based upon overage Officers consider that the scheme has
sufficiently demonstrated that the requirements of DM4 should not be strictly
applied in this instance.

6.43

Overall in terms of housing issues, it is considered that the proposals would

provide enabling development to allow the re-development of this brownfield
site within the Key Regeneration Area. The mix and number of units would
reflect the overall requirements for housing provision within the sub-market and
the Medina Valley. As such it is considered that the scheme would comply with
policies SP1,SP2 and DM3. Whilst the proposals would not provide for
affordable housing as required by DM4 this has been robustly demonstrated
through a viability appraisal.

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Impact on the character and appearance of the area (including heritage

matters)
6.44

The application site is located on the eastern side of the valley which forms the
River Medina. This site has views in both directions along the river and thus is
visible from the river, views of its full extent are limited with the majority of the
site only being able to be seen from the western side of the river. The context
around the site is of a typical rural landscape comprising fields with established
hedgerow boundaries and interspersed with trees and copses, along with
clusters of built form. The landscape is not protected by any formal
designation. Within the locality are St Mildreds Church Grade 1 which is circa
400m from the site, Padmore House Grade 2 which is circa 400m from the site,
and the Whippingham Conservation Area which is circa 500m from the site.

6.45

In considering these inter-related issues, Members should have regard to

policies DM2, DM11 and DM12 of the Island Plan, along with the objectives of
the NPPF, and sections 66 and 72 of the Planning (Listed Buildings and
Conservation Areas) Act 1990.

6.46

The application has been submitted in detailed form with full details of the hotel
(and associated structures) and all of the residential units having been
provided. As part of the Environmental Statement (ES) detailed assessments
in relation to the landscape impact and the impact on heritage assets (and their
settings) has been provided. In addition, it should be noted that the scheme
has been revised during negotiations (particularly the hotel design) and
additional information provided to address concerns raised by Officers
regarding the impact of the scheme on the landscape and the heritage assets.

6.47

As has been previously stated the site is currently derelict, with large areas of
hard standing and a number of significant buildings remaining on site which
have fallen in to disrepair, with some natural succession of vegetation growth
having occurred. The site is enclosed by mesh security fencing and it is
acknowledged that the presence of established mature trees both within and
surrounding the site provide significant screening which soften the visual
impact. When viewed from the west, owing to the topography of the site
combined with the extent of hardstanding, the location and scale of buildings
that remain and their state of repair, the site appears as a large, layered area
of built form set against a backdrop of mature trees and fields which glimpses
of other development such as St Mildreds, Padmore House and Malacca which
occupy background positions at higher level. In Officers view the site does not
positively contribute to the surrounding character or appearance of the area
and sits in stark contrast to its immediate surroundings. In addition to the site,
Folly Lane has a typically rural lane feel owing to its limited width, its winding
alignment and the established hedgerows and trees which form its boundaries.

6.48

Historic images indicate that previously the site was occupied by a larger
number of more significant structures than presently exist. These included
large industrial buildings located on the waters edge, a light railway, pontoons
and slipways, bunkers and air-raid shelters and were reflective of the sites
importance at the time.

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6.49

The north, east and south perimeters of the industrial site are characterised by
significant mature tree lines and blocks of well-established woodland which
together create an effective screen from all viewpoints on the east bank of the
Medina other than those within the site itself or very close to its margins. From
the west bank of the river there are some views of the site between Medina
Wharf and Medham to the north and Stag Lane to the south (courtesy of the
Cowes to Newport cycleway) but these are obscured by vegetation, the
distance and angle of view. There are only two vantage points from where a
clear and direct view into the site is possible: from boats on the Medina
(depending on where they are and the season), and from the cycleway directly
opposite, at the creek north of the property Pinkmead.
The valley setting of the site itself differs north and south of Folly Works on
both sides of the river. To the north the land is managed pasture and some
arable, with separating hedgerows and field trees creating a well-defined
lowland farmland landscape as far as the new residential development at
Hawthorn Meadows on the southern edge of East Cowes. The skyline includes
the prominent spire of St. Mildreds Church at Whippingham. The landscape is
described as having a pastoral quality along with shoreline to the west and the
wooded and arable hinterland. Cutting across all significant views are the very
prominent high voltage cable and pylon arrays. To the south the residential
and tourist developments of Medina Park and Island Harbour dominate the
vista. These features run on into the urban fringe of Newport at Seaclose on
the east bank.
The Vestas building dominates the west bank and is the most prominent object
in most views of the central valley merging with the smaller Dodnor Lane
residential, industrial and commercial development on the northern reaches of
Newport. On the east bank of the river the Folly Works marks a boundary
between a scattering of urban fringe features north of Newport and the
riverside green gap between Whippingham and East Cowes.

6.50

The layout of the development has sought to work with the established
constraints created by the topography, size and extent of the site, and
presence of established landscape features (such as the band of oaks) which
are to be retained.

6.51

As a consequence, the proposed development comprises:

The hotel (and associated uses) clustered together in the south-west

corner of the site, adjacent to the river frontage and Folly Lane. This
would form a hub of activity/connection with the Medina Mariners and the
Folly Inn.

The apartment block would be located directly to the north-east of the

hotel so that the scale of this larger building is balanced by the scale of
the hotel and the retained band of oaks to the south.

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A cluster of 25 detached dwellings formed as a small estate located within

between the retained band of oaks, Claypitts Copse and Folly Lane.

The main part of the residential development would be aligned in a linear

fashion comprising a series of 4 terraces. These terraces would take
advantage of the existing topography on the site, and in combination with
the alignment of the dwellings would seek to maximise the available
views for these units. Communal gardens would be located on the
western side of the residential units to provide separation to the terrace
below / above.

All roads would be located to the eastern side of the development to enter
the scheme from the rear so that cars would be hidden from views from
the west/river.

Additional screening is proposed to the eastern boundary with the SINC

and to the access road to ensure that the development would be hidden
on approach.

6.52

In terms of the layout that is proposed, in Officers opinion the development

would not appear cramped or over-developed. Whilst spatially this amount of
built form would appear somewhat alien within this environment, it must be
remembered that this is a previously-developed site within a rural context and
there is no clear vernacular or spatial pattern which the development must
follow. Also, when travelling along the River Medina it is not unusual to
experience pockets of built environment within an otherwise rural setting; for
example Medham, Island Harbour, Medina Park etc. It is considered that the
approach to layout would be consistent with the requirements of DM2, in that it
works with existing constraints and opportunities offered by the site and its
surroundings and as such, it is considered that there are no sustainable
grounds for refusal on the basis of layout.

6.53

Looking at the scale of development that is proposed, this would be as follows:

The hotel proposed would be the largest building on site in terms of its
footprint and its overall scale. It would have an irregular footprint and in
terms of building envelope the main core of the hotel structure would be
80m x 44m with a further bedroom wing extending a further 46m north.
The design of the building incorporates a stepped approach to terrace the
building back towards its core, as a consequence the overall scale of the
hotel does vary. In terms of overall height the building would have a
maximum height of 14m within the main core, albeit when viewed in
elevation from the west the building would appear larger. The building
would be set 5m back from Folly Lane and within this view the scale of
the building would decrease owing to the topography of Folly Lane.

The apartment block would be located to the north-east of the hotel, with
4m separation between the two structures. The block would have an
envelope of 53m x 16.5m and would be 15.7m at its highest. As with the
hotel, owing to the prevailing topography the scale of the building would

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vary when viewed from surrounding vantage points.

The offices would be 7.3m to ridge (3.5m eaves) and of a footprint of

8.7m x 30m.

The gatehouse would be 6.1m to ridge (4m to eaves) and of a footprint of

9m x 5m.

The residential properties would comprise a variety of house-types:

6.54

HT1 - Would be 2storeys and of a footprint measuring 11m x 7.8m (plus

3m terrace). The building would be of a mono-pitch roof with a maximum
ridge of 6.5m. These units would be raised about the finish ground levels
by approximately 2.5m owing to their river frontage position and need to
meet the requirements of the Flood Risk Assessment.

HT2a Would be 2 / 3storeys and would be 9.9m x 7.2m (plus 3.3m

terrace), with at its highest a 10m ridge (7m eaves).

HT2b - Would be 1 / 2storeys and would be 9.9m x 7.2m (plus 3.3m

terrace), with at its highest a 8.1m ridge (5m eaves).

HT3 - Would be 1 / 2storeys and of an T-shaped footprint measuring

8.7m x 7.6m with a 6.4m x 7.6m wing. The building would be of a
mono-pitch roof with a maximum ridge of 7.3m.

HT4 Would be 2storeys measuring 9m x 5m with a ridge of 6.2m (4.5m

eaves).

HT5 - Would be 2storeys and of an L-shaped footprint measuring 10m x

5.1m with a 3.6m x 4m wing. The ridge would be 7.3m (5m eaves).

HT6 - Would be 2storeys of a footprint measuring 9.5m x 5.2m, the ridge

would be 6.2m (4.2m eaves).

In Officers opinion the application site can satisfactorily accommodate the

scale of development and extent of change that is proposed owing to its
position and the established landscape character. The site is heavily screened
by established, mature trees and the prevailing topography to the north-east.
Having undertaken a detailed landscape analysis there would only be limited
vantage points where the development as a whole could be seen as a
collective form. This would be from the River Medina (directly in front of the
site) and from the western bank in glimpsed, distant views from the cycle-track.
Within this view the extent of scale and overall amount of built form would be
seen, but as with the existing situation this would be seen against a backdrop
of the mature trees and rising land to the north-east. Within this view the
development would appear to be layered owing to the position and
arrangement of the built form and its increasing scale and thus in Officers
opinion it would somewhat reflect the character of the existing site.

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6.55

Officers recognise that the hotel and the apartment block would be significant
structures within the landscape, however, it is considered that the landscape
can absorb these structures without a harmful effect. In addition owing to their
stepped design, their architecture and effective use of materials the overall
bulk and massing of these structures would be mitigated and would be seen
against a backdrop of rising ground.

6.56

In Officers view the approach to the layout, and landscaping proposals are also
integral to ensuring that the scale of development is not excessive or harmful
and that the overall bulk and massing of built form is softened.

6.57

Whilst there can be no doubt that this development would result in the
large-scale re-development of this prominent water frontage site, and that this
in itself would result in change to the visual aesthetic of the area this is not in
itself considered to be harmful. The development has the potential to become
a landmark site along the River Medina, and in Officers opinion the scheme
that is proposed would complement other clusters of prominent or large
development which occupy similar positions (such as Island Harbour). In this
respect it is considered that the scale of development would be acceptable for
the site.

6.58

In terms of design and materials, the development seeks to apply a

contemporary approach to architecture with large areas of glazing,
overhanging roof-forms, split-levels, balconies and terraces all incorporated
throughout the development to provide it with its own unique identity. This
approach seeks to compliment the unique character and opportunities created
by the site as a result of its location, riverside position and prevailing
topography. Having given due regard to policies DM2 and DM12, and the
requirements of the NPPF to ensure good design but to prevent innovation
from being stifled, Officers consider that the scheme would be appropriate.
Given the location of the site there is no defined architectural vernacular, and
Officers consider that the architectural / design-approach would be acceptable.

6.59

The scheme seeks to utilise a consistent palette of materials throughout the

development, this would include:

Pre-weathered graphite standing seam zinc roofing

Pre-weathered grey gutters, soffits, banding and feature frames
Dark Grey aluminium windows and doors with associated solar shades
Stonework cladding
White render
Glass balustrading
Hardwood doors and decks

The hotel seeks to expand on these materials and would seek to use:

Textured coursed stonework

Smooth-face stonework
Brickwork

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Coloured render
Frameless glass balustrading
Aluminium windows and doors, louvres and bris soleils
Polished granite
Zinc standing seam roofing
Composite timber boarding

All of these materials are considered to be sufficient quality to ensure that the
proposed development would be of a high standard of finish and appearance
and would complement the quality of the development that is proposed. The
materials would be used in a cohesive yet varied manner to provide a contrast
throughout all structures in order to break down and soften the massing of all
built forms that are proposed. Appropriate conditions relating to control of
materials and finishes are recommended.
6.60

The application is supported by detailed landscape plans, including an overall

Landscape Masterplan for the site. The approach is to use landscape
measures to break-down and soften the development so that it appears as a
layered series of component parts rather than one large development. This
landscape strategy has been applied on a consistent basis throughout all
elements so the scheme from the main body of the site, to the access road,
and to the works to Folly Lane. The landscape plans provide significant detail
in terms of number, density, mix and type of planting and details regarding
surface treatment.

6.61

For the main residential development (the northern area) the approach would
be to use feature trees to populate the frontages of the properties and those
spaces between dwellings. These units would benefit from communal grounds
and these spaces would be delineated by new hedgerow planting.

6.62

For the southern residential development (25units) this would be approached

as an inward looking cluster, screened from public view by established
boundary screening which would be supplemented and improved. These units
would benefit from private rear amenity spaces, with post and rail fencing and
hedgerow planting proposed to delineate the boundaries.

6.63

The area around the hotel would be predominantly comprised of

hard-surfacing, with open spaces around those mature trees to be retained.
The car park would be tarmac with sett edging and would be broken up by
feature tree planting.

6.64

The frontage of the site adjacent to the river would comprise a riverside lawn
on the western side of the new residential properties proposed. There would
then be a post and rail fence to delineate the boundary between the
communal/public lawn and the Zone of Tranquility and Bird Island together
form the area of reclaimed land that would be offered as ecological mitigation.
This area would be a private area with no public access.

6.65

The scheme proposes that the new footpath (running the length of Folly Lane
including the new section) would be located behind existing trees and

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hedgerows and would be bounded by a post and rail fence adjacent to the
fields. Additional planting comprising of native species would be proposed
between the footpath and Folly Lane. For the new upper section of Folly Lane
that is proposed the scheme seeks to replicate the existing character of Folly
Lane with boundary hedgerow planting and feature trees. In addition, a new
hazel copse is proposed to the south-west of Malacca to supplement the
existing copse in this area.
6.66

One of the key landscape themes is the sustainability of the landscape. As part
of this the following measures are proposed:

Re-use existing material on-site and use of topography where possible

Permeable paving to reduce run-off
Use of local materials and indigenous species where possible
Creation of robust planting which would be of high amenity value
Re-use/transplantation of young oaks found within the SINC
Creation of green corridors and inclusion of species to support
biodiversity and natural succession
Creation of areas for colonisation
Creation of a vibrant and attractive place which people want to enjoy
Woodland management to ensure longer-term amenity value
Centralised management structure to ensure that the site is managed and
maintained on a common basis to ensure that the long-term vision is
achieved and sustained.

6.67

Overall, Officers consider that the landscape strategy and approach that has
been presented is a robust and well-considered approach which reflects the
requirements of policy to ensure that proposals work with the existing
constraints and opportunities presented by a site and its surrounding
landscape. It is considered that the scheme would successfully use
landscaping to soften and break-up the considerable areas of built form that
are proposed and that this approach would acceptable ensure that the scheme
integrates into the surrounding landscape. In this respect, it is considered that
the proposals would comply with policies DM2 and DM12.

6.68

Looking at the scheme on a collective basis, the aim of the scheme is to create
a unique and identifiable, landmark development within this part of the Medina
Valley. The conclusion of the landscape impact assessment is that the
development can achieve these objectives without significant effect upon the
quality and character of the landscape that the site forms a component of. The
site would be secluded in almost all views other than those from the river.

6.69

The site is within a Landscape Improvement Area with no clear character or

definition and therefore subject to proposals being of high quality it is
considered that the landscape can absorb change. Officers are in agreement
with the findings of the landscape assessment and conclude that whilst the
scheme would result in a significant change to the environment, clearly the
removal of the existing structures and the regeneration of the site with a viable
and potentially vibrant destination with its own unique character would

80

represent landscape gains. As such, Officers consider that the scheme would
be compliant with policy DM2 and DM12.
6.70

Concerns have been raised in relation to lighting and the impact upon Dark
Skies owing to the large areas of glazing that are proposed and the
considerable levels of lighting that would be associated with the development.

6.71

Officers appreciate that lighting can lead to significant change, and again this
has been considered within the landscape assessment. The Folly Inn, Medina
Park and boats in Folly Reach marina all contribute sources of lighting in the
area, and within the Medina Valley generally there are a variety of light sources
which can be seen including Vestas, and the backdrop hue of East Cowes,
Cowes and Newport.

6.72

The proposed scheme identifies a dark skies approach is to be used with:

No external lighting on individual properties

No external lighting of riverside lawns, shorelines or the hotel front
Lighting of roads, shared paths and spaces would be carefully examined
to consider need.

These principles would be applied to an overall lighting strategy for the site
which can be secured by condition. It is accepted that given the location of the
site, low-level lighting would be screened by the topography and landscape
features, but equally a sensitive approach is required in order to minimize
disturbance to the estuary and the surrounding landscape and the wildlife
which can be found locally.
6.73

Within the landscape there are a number of heritage assets, all of which have
been considered in detail within the Environmental Statement. Those of most
relevance in terms of impact are considered to be:

St Mildreds Church (Whippingham Church) Grade 1

Padmore House Grade 2
Whippingham Church Conservation Area
The Folly Inn un-designated heritage asset

6.74

St Mildreds Church is the most significant asset owing to its Grade 1

designation. At its closest there is 390m between the nearest built form that is
proposed and the churchyard. The church is set at a higher level within the
landscape owing to its relationship with Beatrice Avenue, and forms a
prominent landscape feature owing to its spire.

6.75

English Heritage originally commented on the application and requested

additional information in order to make an informed assessment. Having
reviewed the submitted information they have neither objected or supported
the proposals and have commented that the additional information has
enabled a better understanding of the potential impact on the setting of St.
Mildred's Church. They specifically identify that in views from the church and
its grounds the new development is not likely to be visible, in views back

81

towards the church the new development would remain intrusive however this
is considered to represent a low level of harm to the significance of the listed
building.
6.76

The Church and the cluster of buildings and features that are recognised as
significant through the mechanism of the designated Conservation Area are
together an intimate setting. They are experienced together as a distinct
Victorian enclave set amongst mature trees that enclose and concentrate the
sense of place and distinctiveness apart from the rural and urban fringe
landscape though which it is reached. That same sense of enclosure also
defends views from the church and associated buildings outward, keeping
perspectives close and obscuring and deflecting contact with the surrounding
landscape.

6.77

Concerns were previously expressed regarding the impact of the apartment

block and hotel owing to the large scale and height of these structures and
their potential to conflict with views from St Mildreds (and the Old Rectory,
Padmore House and the Conservation Area). However, the additional
information (an indicative section through the site), shows that the
development would be sufficiently screened from St Mildreds and it is also
possible to conclude that it is highly likely that views of the development from
the other assets listed above would also be sufficiently screened by the
existing band of trees.

6.78

When considering views towards these assets from the west, initial concerns
were raised about the potential visual impact of the housing (due to the
density) and the potential impact from the scale of the proposed apartment
block and hotel, the combination of which could have adversely affected the
setting of those assets which benefit from a prominent/elevated position above
the river (St Mildreds). Whilst the ES indicates the level of impact to be minor
it is considered that this should be ranked as moderate.

6.79

English Heritage have advised that:

The setting and special character is already affected by the surrounding built
forms towards East Cowes. It is the church spire emerging from the canopy of
the surrounding/intervening trees which creates the visual connection and
importance of the asset, whilst this is also compromised in medium range
views by the crosscutting of power lines and the vertical presence of pylons.
Despite these disadvantages, the Church spire remains a clear and
distinguishable feature on the skyline and it is experienced as exactly that.
Although the proposals would result in a development of considerable scale,
owing to the established topography and established screening it is concluded
that the development would be unlikely to compete with this asset in terms of
landscape presence and would be more likely to be read as two elements seen
and experienced in different ways within the same visual landscape.

6.80

Officers recognise the current visual characteristics of the site and also the
historic presence of a number of large scale, prominent industrial buildings
which would have negatively impacted upon the setting of the assets from the
west. However, owing to the material palette and colouration of the buildings,

82

these do appear to blend more seamlessly into the vegetated backdrop. Whilst
Officers recognise that the development would result in a significant change to
the visual aesthetic and character of the immediate environment when viewed
from the River and the west, Officers do not consider that the proposals would
result in substantial harm to the setting of the principal asset that is St
Mildreds Church. This asset would still be read as a prominent feature within
the landscape. Further it is considered that the revisions to the scheme
(including landscape changes and softening of the hotel design) would aid in
mitigating the visual impact. In conclusion Officers consider that the scheme
would be acceptable in relation to the setting of St Mildreds Church.
6.81

It is concluded that given the separation distances, and lack of visual

connection the development would be unlikely to have any adverse impact
upon the Whippingham Conservation Area. Concerns have been expressed
that the development would be likely to give rise to increased traffic within the
Conservation Area owing to the new access arrangement and lead to rat
running and concerns regarding the effect on the sense of place. Officers do
not consider that this would be likely to result in any significant impact as the
proposed arrangement with access onto Whippingham Road would be
considered to be the preferential route. This arrangement is considered to be
acceptable to the highway authority in terms of both safety and the free flow of
traffic. It is noted that some existing rat running can occur at times of
congestion, and in association with the operation of Priory School, however,
the proposed development would be unlikely to significantly contribute to this.
As such, Officers consider that there would be a negligible impact upon the
setting or sense of place of the Whippingham Conservation Area.

6.82

Regarding Padmore House, this property has a historic connection with the
site owing to the former owner being S.E Saunders who founded the Folly
Works site. This property benefits from an aspect and orientation facing
southwards down the river with views out across the landscape. It is located
approximately 500m away from the site.

6.83

As with St Mildreds, Padmore House occupies a prominent position within the

landscape, albeit as a result of its overall scale it is a relatively discreet
element. As has been concluded above, views of the development from this
asset would be at considerable distance and would be likely to be screened by
the mature intervening trees which would be retained and form part of the
managed environment at the site.

6.84

In views back from the western side, again whilst the presence of the new
development would result in a significant change to the vistas from the west,
particularly in terms of the prominence of built form within the foreground,
Officers conclude that the scheme would be unlikely to have a significant
impact upon the setting of Padmore House from this direction. In essence
Padmore would still be recognised as a component of the overall landscape
being a domestic scale property set in an elevated position forming the
backdrop to the development which comprises of the changes in topography
and the substantial vegetation. Given the physical characteristics of the
landscape and the considerable separation distance, it is considered that the

83

landscape setting of Padmore House can accommodate and absorb the

change that is proposed through this application and as such, Officers
conclude that there would not be substantial harm to Padmore House.
6.85

The Folly Inn is an unlisted building of local importance and so is ranked low in
significance in comparison to the other assets whilst the magnitude of the
impact of the development proposals would be likely to be high owing to their
immediate proximity to the Inn and its facilities. The level of impact upon the
heritage assets is therefore ranked as minor. The scheme would retain an
important and distinguishable separation between the proposed development
and the Folly Inn. This is provided by the tree screen along the north of Folly
Lane at its riverside, the individual trees within the grounds of the pub, and the
mixed public and community realm, a shared space that will be created
through the development. The latter will function both as a physical separation
between the sites but also as a zone of potential interaction given the
commonality between the recreational function of the hotel, public space
connected to the East Medina Greenway, and the pub and its boatyards and
slipway. Mitigation upon the Folly Inn is built into the scheme design through
enhancements to recreation and access to the hub at the riverside of Folly
Lane. The function and role of the Folly Inn, consistent with its heritage and the
public experience of its character, is emphasised in this way. It remains
distinguishable as a place and location of its own but is applied to the changing
patterns of public recreational activity on its doorstep. In Officers opinion the
setting will be conserved by the public realm created and by the management
of the Folly Lane hedge and tree screen at its riverside, separating the hotel
from the Inn. As such the proposal would not result in any significant harm.

6.86

In relation to the heritage impacts, it is considered that the Environmental

Statement and supporting information has appropriately considered and
categorised the potential impacts upon heritage assets which form part of the
immediate landscape around the site. Whilst the proposals would result in
change to the general landscape, it is considered that the setting and character
of heritage assets would not be diluted and would not be adversely affected.
As such, the scheme is considered to have appropriately demonstrated that it
would be in accordance with the requirements of policy DM11 and the NPPF in
relation to the consideration of heritage assets.

6.87

In conclusion, it is considered that the development proposed is of an

acceptable amount, layout, scale and design/appearance that can be
satisfactorily accommodated onto the site and within the landscape without
resulting in any significant detrimental impacts or harm. The proposals would
result in change through the regeneration of the site and would result in a
significant scale of development, however, currently the site has a negative
landscape impact and thus the proposals would result in a landscape gain. The
development would represent an enclosed site shielded by the established
screening combined with the prevailing topography. The proposals would also
be unlikely to result in substantial harm to any heritage assets within the
surrounding landscape. As such, the proposals are considered to be compliant
with policies SP5, DM2, DM11 and DM12 of the Island Plan.

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Impact upon neighbouring uses

6.88

Neighbouring uses include The Folly Inn (Greene King) which is located to the
south of the development site. This benefits from a pier and landing platform
out to the Folly Marina which itself forms part of the wider Folly Reach which
provides circa 3000 berths. Also to the south is the area operated by Medina
Mariners which includes a boatyard, pontoons, and public slipway. To the east
of the site is Medina Park which is a complex of retirement homes.

6.89

Owing to the layout of the site and the separation distances involved it is
considered that the proposals would not result in any detrimental impacts as a
result of overshadowing or overlooking. In terms of dominance, the only area
of concern in this respect has been the hotel and its proximity to Folly Lane
and the Folly Inn. The revisions to the scheme have seen this reviewed and
reduced and in Officers opinion the revised scheme would not result in a
dominant or oppressive form of development that would impact upon either the
amenity of Folly Lane or the Folly Inn.

6.90

Concerns have been raised in respect of the amenities of residents of Medina

Park owing to increased traffic, noise and disturbance and construction
impacts. All of these impacts have been carefully considered within the
Environmental Statement and Officers are in agreement with its findings.
Officers consider that whilst there would be potential impacts in relation to all of
these factors, these can be acceptably controlled through the proposed
mitigation measures (such as improved access arrangements, contribution to
local bus infrastructure, landscaping etc) and conditions. In particular,
construction impacts would be managed through a Construction Environmental
Management Plan which would be controlled through conditions. The site
would become a managed environment and this would also help to control any
detrimental impact in relation to the amenities of neighbouring uses.

6.91

The Councils Environmental Health Officers have appraised the scheme and
have raised no objections in relation to the amenities of neighbouring uses,
subject to the imposition of appropriate conditions as recommended.
Highway considerations

6.92

The site is currently served by Folly Lane an un-adopted road that forms a
junction with the A3021 Whippingham Road. This road also serves the Folly
Inn, Medina Park (158 dwellings), Padmore Farm, a number of residential units
and marine based facilities including for a public slipway. It should also be
noted that the lower section of Folly Lane is also designated as a public right of
way. Folly lane is also on the number 34 bus route.

6.93

The Highway Engineer from Island Roads has appraised the scheme and
raises no objections to the proposal. The key elements of their comments have
been broken down into sub-sections and summarised as follows.

6.94

The existing Folly Lane / A3021 junction to be substandard in respect to

visibility and width, and the width of the junction, also prohibits the ability of

85

two vehicles to pass (caused predominantly by the funnelling down of the

lane) promoting the hazard of standing vehicles on the public highway, in
particular those approaching from the north and turning into Folly Lane. Folly
Lane varies in width along its length with localised narrowing to just below
3.0m and limited passing facilities. There are no designated segregated
pedestrian routes within Folly Lane, the road acts as a shared surface.
6.95

Proposed scheme - summary:

This proposal acknowledges the existing deficiencies of Folly Lane and seeks
consent to restrict the use of its first 235.0m from the junction with the A3021
Whippingham Road through to a point south of Malacca so that is serves just
Padmore Farm and the handful of adjacent properties; and includes for the
provision of a turning head to enable service vehicles to enter and exit the
adjoining public highway in forward gear.
It is proposed that all development based traffic and other existing users of
Folly Lane will use a new junction formed with Beatrice Avenue just east of its
junction with the A3021. The existing Beatrice Avenue / A3021 junction is
detailed to be remodelled so as to form a signalised junction with associated
pedestrian crossing facilities. The remainder of Folly lane through to its
southern most point is to be remodelled and upgraded to include for the
provision of a footway / cycleway between Beatrice Avenue and the
proposed residential development along with the upgrading of public right of
way 24 to cycleway standard.

6.96

Junction with Beatrice Avenue:

Revised plans show a 43m visibility splay to the west of the junction which is
taken to the centreline. This is acceptable and can be controlled by a Grampian
style condition is imposed should consent be granted. The junction is
considered to be of sufficient width to allow larger vehicles to enter and exit
and pass other vehicles.

6.97

Junction with A3021 (Whippingham Road):

All aspects of this junction are deemed to be satisfactory with the lane widths
on the A3021 being upgraded, the bus stops and associated western layby
being remodelled and auto-tracked and the traffic signals being repositioned to
provide adequate levels of forward visibility. It is also acknowledged that the
applicant has upgraded the width of the proposed footway cycleway shown to
run parallel to Folly Lane to 2.50m in order to minimise conflict between
pedestrians and cyclists.

6.98

Remodelling of upper Folly Lane:

The proposed remodelling of Folly Lane itself from the proposed junction with
Beatrice Avenue to a point south of the property Malacca complies with
designs standards providing adequate carriageway and footway/cycleway
width and appropriate visibility splays about each of the proposed field gates
/ private vehicular access points reflective of a 30mph environment.

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6.99

Main site works:

The main development is proposed to be served via access road shown to
be created just above the initial entrance to Medina Park. The access road has
been modelled to promote low speeds giving rise to localised narrowings of
3.70m with associated passing bays and appropriate levels of forward
visibility. The onsite layout gives rise to an average road width of 4.80m
providing adequate provision for the passing of two private motor vehicles.
Visibility splays of are readily achievable.
The residential development provides for a minimum of two parking spaces
per dwelling all of which are shown to comply with minimum design standards
(2.40m by 4.80m).
The proposed layout of the car park and vehicle accesses serving the
proposed business units and h o t e l is fully compliant with design standards.
An appropriate condition could be imposed to secure the vision splays.
Footway / cycleway links:
In addition to the link which runs parallel to Folly Lane the applicant proposes
to upgrade the existing public footpath (no. 24) to cycleway standard in order
to assist with the IWCs aspirations to create a link through to Beatrice
Avenue (alongside St Mildreds Church). In the interim the cycleway would not
provide a through route for cyclists, whilst the cycleway should continue to be
constructed as shown, the applicant will need to install a cyclist restriction
feature at the point in which the cycleway joins the northern side of the onsite
access road, which may take the form of a staggered barrier with potential
signage.

6.100

Capacity /Traffic Impact

A comprehensive Transport Assessment that evaluates the potential impact of
the proposed development on the wider and immediate highway network has
been provided. Junction and traffic counts were undertaken in order to
establish a set of baseline data to predict the potential impact of the
development on the highway network. It is estimated that currently Folly Lane
carries 900 vehicles per day split between Median Park, Folly Inn and the
other units / residential dwellings served by this road.
TRICS data has been used to establish the predicted level of development
based traffic which is estimated to be 791 two-way vehicle movements. The TA
has also assessed the level of traffic that maybe generated should the site be
brought back into use in its current format using the existing layout of Folly
Lane. Again the TRICS data base has been used which estimates a daily
figure of 1,084 two-way movements.
Therefore it is acknowledged that the current proposal would represent a
reduction in movements that could be brought about by commercial
development. However, the constraint offered by the characteristics of Folly
Lane to any future employment use of the site are noted.
To mitigate any negative impact upon the operation of the junction between
Beatrice Avenue and A3021 as a result of the development, offsite
improvements in the form of the signalisation of this junction are proposed.

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These would not have any significant impacts upon the wider highway
network.
There are 5 recorded accidents within the last 3 years, 4 of which relate to
vehicles turning in to the existing Folly Lane. This situation would be improved
as a result of the revised junction arrangements and creation of a new section
of Folly Lane linking to Beatrice Avenue.
6.101

Mitigation Measures / Offsite Improvements

The following works have been
the existing highway infrastructure:

identified

in

order

to

improve

Signalisation of Beatrice Avenue with the A3021 including for associated

pedestrian crossing
Provision of a bus layby on the eastern side of the A3021
Provision of a right turn lane on the southern approach to the traffic lights
Widening of the A3021 and realignment of the existing footway north of
the junction with Beatrice Avenue
A need to link the existing signal controlled pedestrian
crossing north of the proposed junction to the proposed junction via a
MOVA system
Provision of a new priority junction off Beatrice Avenue with associated
footway links

6.102

Construction Impact
Currently there are no vehicle width or loading restrictions imposed on Folly
Lane; however access for construction vehicles will be limited due to the
existing geometry of the road. It is recommended that prior to commencement
of the residential, retail or commercial elements of this development Folly lane
be remodelled from the junction with Malacca through to Beatrice Avenue
including for the signalisation of the junction of Beatrice Avenue with the
A3021 Whippingham Road. Appropriate conditions to prevent mud on the
highway are also recommended.

6.103

The Highway Engineer concludes that the proposed offsite improvements have
the ability to offer an element of betterment by significantly reducing the level of
traffic currently using the junction of the A3021 with Folly Lane that is
substandard in respect to width and visibility. It is considered that the
scheme would comply with policies SP7, DM2, DM13, and DM17 of the Island
Plan subject to conditions which have been recommended.

6.104

In terms of highway impact, the proposal seeks to offer substantial

improvements to Folly Lane and connectivity both in terms of vehicular access
and access to the site by alternative transport methods. These factors form
part of the overall creation of a visitor destination.

6.105

Folly Lane is currently an unmanaged private road, it is constrained in terms of

its alignment, width and junction and until relatively recently has seen no

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significant investment towards its maintenance. The proposed scheme seeks

to provide a new upper section with a principle access from Whippingham
Road via a new signalised junction and dedicated junction to Beatrice Avenue.
The remainder of the road would be resurfaced within its width to reflect its
existing character with a new footpath/cycle link running behind the existing
hedgerows. The existing upper-section would effectively become a cul-de-sac
serving Padmore Farm. In the longer-term Folly Lane is indicated to be within
the management responsibilities associated with the occupation and operation
of the main-site. In Officers view it is considered that the proposed alterations
to Folly Lane would be beneficial improvements to the immediate highway
network and its associated users, further the ongoing management and
maintenance of the route as part of the management of the overall site is
considered to be beneficial.
6.106

The scheme would include for improvements to both pedestrian and cycle
connectivity along the existing public right of way and alongside Folly Lane.
These would aid sustainable transport connections. In addition to physical
works, the scheme also includes for the provision of these routes as
greenways, along with provision of bus-stops within and adjacent to the site.
The S106 contributions also include for 25k towards off-site improvements to
aid in the creation of a continuous cycle-link between East Cowes and
Newport. A further contribution of 40k is also identified to support the existing
community bus service in the interim period, albeit it is hoped that the
additional development at the Folly Works site and the provision of a high
quality tourism/leisure destination would be likely to attract more visitors and
therefore attract more potential users of the service which would make it more
sustainable in the longer-term.

6.107

Concerns have been expressed regarding the impact on Beatrice Avenue and
potential for rat-running. This potential concern has been considered within the
Transport Statement, Officers consider that this development is unlikely to
significantly increase the potential for rat-running owing to the proximity of the
new upper section of Folly Lane to the A3021 (Whippingham Road) which
would be readily accessible via the new traffic light junction. Some rat-running
currently occurs on this route during periods of congestion on the main network
owing to the ability to connect from Beatrice Avenue to Hawthorn Meadows
and to the centre of East Cowes. The new junction arrangement has been
carefully considered by Officers including the Highway Engineer and would not
be likely to adversely impact upon the free-flow of traffic on the strategic
network, and therefore in Officers opinion it is unlikely that this situation would
give rise to significant increased traffic along Beatrice Avenue. As such,
Officers do not consider that this is a sustainable objection to the scheme.

6.108

Concerns have also been expressed regarding the junction design and
potential conflict with the Priory School and its associated traffic at
pick-up/drop-off times. Officers consider that the new junction arrangements
should improve safety about the junction owing to the realignment and
signalisation, whilst the new section of Folly Lane would also allow
opportunities for parent pick-up/drop-off parking on the new road which would
be unlikely to interrupt the free flow of traffic. When taking these improvements

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into consideration, along with the nature of the uses proposed and potential
timing of associated movements, it is not considered that there would be likely
to be a detrimental impact in terms of highway safety. As such, Officers do not
consider that these represent sustainable objections to the scheme.
6.109

Third parties have also questioned whether a roundabout would be more

suitable solution than signals on the principal network. Officers have
considered this issue and identified that the junction design that has been
proposed is deemed to be appropriate in terms of highway safety and the free
flow of traffic and whilst a roundabout may be an alternative approach, that is
not to say it is the most appropriate solution. Both approaches would have
merits and disadvantages, a roundabout would be a costlier solution requiring
a greater land-take for example, however, the crux of the matter is that the
proposed signalised solution is deemed to be acceptable to the Highway
Authority. As such, Officers consider that this approach is acceptable in
relation to policy SP7.

6.110

In conclusion, Officers consider that subject to the imposition of the

recommended conditions to secure the highway works proposed and
associated terms within the S106 agreement in relation to contributions and
provisions in relation to highway agreements and accrual costs, Officers
consider that the proposals would be acceptable in relation to highway matters,
and the scheme would be compliant with policies SP7, DM2, DM13 and DM17
of the Island Plan.
Ecological and Arboricultural implications

6.111

This is a complex development in an environmentally sensitive area, supported

by an Environmental Statement. The site lies alongside of (and partly within)
the Solent and Southampton Waters SAC, SPA and Ramsar site and the
Medina Estuary SSSI. The site boundary includes a Site of Importance for
Nature Conservation (SINC C280, Padmore Fields, Whippingham). In addition,
there are a number of protected species on site and other wider biodiversity
issues.

6.112

The project has evolved over many months in close consultation with Natural
England and the local authority, and in liaison with RSPB and Hants and IW
Wildlife Trust. Over this course of time, an iterative process has resulted in a
series of changes, modifications and proposals to reach the current position in
which the applicants are confident that all of the nature conservation impacts
have been addressed. Many measures have been included with the intention
of minimising impacts and there are also a whole suite of mitigation measures
proposed. These include new water bird habitat creation (SPA); improvements
to the Medina foreshore (SAC, SPA, SSSI); and management of part of
Padmore Meadows (SINC). Additional information (Appendix 10
Supplementary Intertidal Assessment information has been submitted (July
2014) to better clarify the extent and nature of intertidal mitigation. The project
intends to deliver the mitigation proposals in the first phase of development, in
advance of construction of the residential and hotel elements.

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6.113

The proposals have been objected to by the RSPB and the Wildlife Trust on a
range of issues including the necessity for a new jetty into the SAC / SPA, the
functionality of the bird island, the location of the bird hide and the need for
further information on the invertebrate benthic communities in the intertidal
muds. Objections have also been raised by Third Parties in respect of the
impact upon ecological features and protected species.

6.114

At this juncture it should be noted that Natural England, and the Environment
Agency have not objected to the proposals, subject to the imposition of
recommended conditions. Similarly the Councils Ecologist has not objected to
the proposals.

6.115

Natural England advises that the proposal is not likely to have a significant
effect on the interest features for which the SSSI/SAC/SPA/Ramsar sites are
designated, either alone or in combination with other plans or projects. They
also consider that development proposals will avoid impacts upon the interest
features of the Medina Estuary SSSI. Natural England do request a series of
appropriate conditions to reflect the complex nature of the scheme and to
ensure that the mitigation proposals are delivered. They also highlight that the
contribution of 172 per unit in accordance with the Solent Disturbance
Mitigation Project SPD (SDMP SPD) would be sufficient to ensure that
appropriate mitigation would be provided in relation to increased recreational
pressure from the residential elements.

6.116

The following paragraphs seek to evaluate the impact of certain elements of

the proposal based upon sensitivity and will focus on those elements which
have been objected to by various parties.
The new jetty and foreshore debris removal

6.117

New structures within the SAC are generally considered to be unacceptable

except under exceptional circumstances. Those exceptional circumstances
would be that any new structure did not impede natural estuarine processes
and that the footprint of the development could effectively be mitigated for by
the removal of other man-made structures within the SAC by an order of
magnitude significantly greater than the new structures. Additionally, the
physical presence of a new jetty could have an SPA impact by deterring water
birds from feeding within the vicinity of the structure.
The justification for a new jetty has been provided by the applicant. The direct
footprint of jetty is calculated as less than 1square metre. A walkover of the
collapsed material along the shoreline suggests that there is at least 1800m2 of
obstructed mudflat to be uncovered by debris removal from within the intertidal
SAC. Further, more detailed study of the extent and nature of the mitigation
proposed (Appendix 10) has demonstrated that the area of mitigation will in
fact be of the order of 2880 m2, substantially greater than the 2:1 replacement
initially proposed.
The mitigation comprises the removal of debris from the Folly Works foreshore
including the remains of a floating platform wedged at the entrance of the small

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creek along the north side of the site and de-culverting the Padmore Luck at
the point where it enters the creek. Appendix 10, together with further
information subsequently submitted, addresses the nature of the substrates to
be reclaimed in order to establish whether or not the proposed mitigation will
provide functionally equivalent replacement habitat for that lost to the new jetty.
Clearance of debris from the collapsing bank fronting the estuary will expose
substrates of a very similar nature to intertidal mudflats occurring elsewhere in
the vicinity, as such there is confidence that the materials exposed by
mitigation will be functionally similar to those lost and support comparable
benthic communities. In other words, the mitigation proposed will be a like for
like replacement and the material proposed for removal does not support any
of the interest features of the SAC. This is considered to be sufficient to
address the on-going concerns expressed by RSPB.
With respect to SPA impacts from the proposed jetty, the structure has been
sited close to the Folly Pier and slipways around The Folly Inn, an existing
busy waterside area. The intertidal between the proposed jetty and existing
jetty, albeit already disturbed, is less likely to be used for feeding by SPA birds.
It is proposed that the jetty would be only used during the summer months and
access to the jetty would be closed off between the months of October to
March.
Intertidal muds
6.118

The Wildlife Trust has pointed out that the benthic survey of invertebrates was
a single survey carried out in 2005 and not compliant with more robust
methodologies adopted today. The submission has demonstrated that the
intertidal in front of the Folly Works can support a high proportion of the
Black-tailed Godwit and Redshank which use the Medina Estuary at low tide.
Both are omnivorous feeders, eating worms, molluscs (particularly Macoma),
crustaceans and fish eggs. It is concluded that because this area of muddy
foreshore is preferentially favoured by these birds, it is likely to support a
diverse fauna in accordance with the findings of the 2005 Titan surveys.
Moreover, further investigation of the proposed mitigation has demonstrated
that significant additional intertidal mud habitat will be exposed which will
become available to water birds as a feeding resource.
Bird island

6.119

Re-profiling of the seawall will provide the opportunity to create a new, graded
shorebird island and wader lawns, thereby providing an SPA enhancement
(although technically outside of the SPA boundary). Concern regarding the
effectiveness of this feature has been raised by all nature conservation bodies
and it is clear that further consideration needs to be given to the detailed
design if it is to fulfil its function as a high tide wader roost. It should be profiled
such that it is occasionally inundated during extreme high tide springs in order
to deter scrubby growth becoming established. The occasional flooding of bird
island would in no way conflict with its value as a high tide roost, as has been
suggested by the Wildlife Trust, because it would be available to birds on most
high tides. Many high tide roosts are flooded on extreme high tides and,

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moreover, the new wader lawns would provide additional roosting habitat.
There may also be a need to consider the possibility of management, longer
term. All of these matters can however be controlled by conditions.
Bird hide
6.120

The Wildlife Trust considers that the proposed bird hide will not be successful
because of its location and that it will result in unacceptable disturbance. The
design includes screening access, preventing access to the jetty during the
overwintering period and other mitigation measures which would address
potential disturbance issues. Moreover, The Hub provides an excellent
opportunity to provide interpretation and raise awareness of the whole range of
environmental issues associated with the development and is therefore
considered to be an important benefit that would be secured as part of the
mitigation package.
SINC (C280, Padmore fields)

6.121

Despite the fact that a small portion of the SINC at the southern end of the
site would be lost by the construction of a new access road, the plan to take
in hand the management of the remainder of the SINC within the developers
ownership are highly beneficial and, on balance, will result in a considerable
enhancement of this unmanaged and currently deteriorating SINC. The
proposals should restore this meadow to the important butterfly site which it
once was, whilst also providing it as an accessible resource to be enjoyed by
residents or visitors to the site.
Dormice

6.122

Concern has been raised that Dormice are being trapped on site. The
Councils Ecologist has advised that this is not the case but monitoring of the
Dormouse population has been undertaken as part of the research
(2011-2013) to support the application. The proposed lay-out of the site
retains most of the existing tree corridors. Dormice were recorded using the
scrub alongside of Folly Lane in an area proposed for residential
development. The retention of woodland and scrub corridors both within the
development site and beyond are essential to ensure that the local population
is not adversely affected. This objective is a legal requirement under the
Habitat Regulations. The application suggests two approaches to dealing with
Dormice on site. One is to actively manage vegetation so that the animals
move of their own free will into the core areas that are to be retained, the
second approach is to trap and relocate dormice away from areas to be
developed. Given the phased nature of the development it is considered that
the strategy for dormouse relocation can be secured by condition. A Natural
England Disturbance Licence would also be required.
Badgers

6.123

A small, active badger sett was found in the woodland edge along the
north-east corner of the site. The Badger Trust (Isle of Wight) has expressed

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concerns that it may be necessary to exclude Badgers from their current sett
and build a new artificial sett. They are concerned that this may be ineffective
and also express concerns regarding the impact of the development upon
foraging areas. The Councils Ecologist has considered the impacts on
badgers and has identified that there is no objection to the proposed
approach. It has also been identified that any works directly affecting Badger
setts will need to be carried out under licence, issued by Natural England.
6.124

As stated the scheme has been accompanied by a detailed Environmental

Statement which has appropriately considered the impacts of the
development upon all features of ecological value and the associated
designations. The scheme proposes a complex and inter-linked series of
mitigation measures for both the terrestrial and intertidal habit. The intertidal
area is considered to be the most sensitive and following proposed mitigation,
it has been calculated that there will be at least a 5.8 increase in intertidal
substrates, along with the creation of new waterside habitats in the form of a
bird island and a mown grass coastal frontage to which the public are
excluded. When taken as a whole, these should create a more favourable
and extensive area for SPA water birds, for feeding, loafing and roosting. The
scheme also includes various works to improve interpretation and interaction
with the environment in this location. No objections have been received from
either statutory body in relation to ecological issues and the Councils
Ecologist also raises no objections. The key element to the success of the
scheme relates to the delivery of the mitigation measures (including the
SDMP contribution) which Officers believe can be controlled through the
imposition of conditions and requirements within a S106 agreement. Overall,
Officers consider that in terms of ecological impact the scheme would accord
with the requirements of policies SP5, DM2, DM12, and DM13 of the Island
Plan, subject to the imposition of the recommended conditions and
requirements to be incorporated within the planning obligation to accompany
this decision.

6.125

Trees
In terms of arboreal impacts, there are large areas of this site covered by
trees - being groups of large veteran Oaks, wooded areas predominantly
secondary woodland and also individual trees scattered around the industrial
buildings of the site (again mostly Oaks). These offer the site and the
surrounding area a rural character and offer the immediate environment a
verdant woodland landscape character, many of the trees have a high
individual amenity and have a collective value. At present only the trees on
the upper boundary are protected.

6.126

The Councils Tree Officer has been involved in the development of the
proposals, and has provided detailed advice to inform the design process.

6.127

A detailed constraints plan has been drawn up for the site and the Tree
Officer agrees with its findings. In general terms the layout proposed would
result in only limited impact upon the wooded environment, the amenity and

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mature character the veteran trees the site offer would be retained and
become part of the managed environment of the site.
6.128

The proposal would result in loss of trees along the lower section of the Folly
Lane boundary, but this has been addressed by offering replanting. The
scheme includes for significant landscaping proposals within the site and its
surrounding environment, and therefore in Officers opinion it is considered
that there would be sufficient mitigation planting to off-set any tree losses to
accommodate the scheme. Overall, it is considered that the proposals would
be unlikely to detrimentally affect the verdant landscape which currently forms
part of the established landscape character of the surrounding environment.

6.129

The Tree Officer has raised concerns regarding plots 15, 16, 31 and 57 as a
result of the proximity of these plots to the established trees. The concerns
here are in terms of direct impacts on the trees (owing to the proposed level
changes to facilitate the development) and the in-direct impact of future
pressure for tree removal as a result of shading, proximity and dominance. In
order to address these concerns the layout has been amended to re-orientate
units 15, 16, 17, 18, 19 and 31. These changes would see the outlook from
these units revised and enhanced as the buildings would be given greater
distance to surrounding trees. In Officers opinion, in the context of the overall
scheme the concerns in relation to direct impacts upon trees surrounding
these plots would be unlikely to have a significant upon trees of amenity value
and with appropriate conditions the direct impacts of construction can be
managed and mitigated. In terms of future pressure, Officers recognise that
ideally the units identified should be removed, however removal would
adversely affect the viability of the overall scheme. Therefore Officers
consider that on balance, whilst these units would be weaker units in the
overall scheme, given that the proposal is for the landscape to form
communal managed environment, sufficient controls can be employed
through conditions and through those management arrangements (as
outlined by the Environmental Statement) to ensure that the arboreal
character of the site around these units is not eroded by future pressure for
tree removal.

6.130

As outlined above, the scheme seeks to employ a Conservation and Amenity

Plan alongside the landscaping proposals and general operational plan, this
document seeks to define the care and maintenance arrangements for all
existing and proposed landscaping and seeks to manage succession of
vegetation for all residents and visitors and to promote biodiversity and
landscape gains.

6.131

In light of all of the above, Officers consider that subject to the imposition of
the recommended conditions, the scheme would be considered to be
acceptable in relation to arboreal matters and would comply with policies
SP5, DM2, DM12 and DM13 of the Island Plan.

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Other matters including flood risk, drainage, viability, phasing, Planning

Obligations etc
6.132

Drainage:
The existing site comprises a numerous gullies, manholes and drainage runs
which are considered to have accommodated the drainage from all buildings
and hard-surfaced areas and discharged into the tidal River Medina.
Southern Water have advised that there are no public sewers in the
immediate vicinity of the site and historic information for the site indicates that
foul water previously discharged via an outfall to the river, although there is
evidence of a small package treatment plant on site which allowed for the
treatment of waste before discharge to the river.

6.133

In terms of surface water, the proposed scheme offers the opportunity to

reduce the extent of impermeable surface, with SUDS techniques (including
attenuation) being incorporated into the design. Source control measures
(filters) would be incorporated to ensure water quality treatment and prevent
contamination.

6.134

For foul water, the nearest connection point with capacity has been identified
as being 2.3km to the north of the site. The scheme includes for the provision
of a pumped foul drainage arrangement, or alternatively a standalone
sewerage treatment system. Either approach is considered to be feasible
subject to detailed design and costings. In the event of a standalone
treatment system, a permit may be required from the Environment Agency to
ensure any discharges do not affect the river environment.

6.135

The Environment Agency and Southern Water have both had the opportunity
to consider the drainage proposals and have raised no objections subject to
the imposition of appropriate conditions. In light of this, Officers consider that
the scheme has sufficiently demonstrated that these issues can be dealt with
in principle, subject to detailed design which can be controlled through the
imposition of conditions as recommended.

6.136

Flood Risk:
The Environment Agency Flood Maps and the Councils Strategic Flood Risk
Assessment Mk2 (SFRA MK2) identify that the majority of the site falls within
flood zone 1, whilst the river frontage forms zone 2 and 3 this area equates
to approximately 1.03hectares of the overall site.

6.137

The proposals would see the development pulled back into the site so that
neither the hotel or the residential elements fall within flood zone 2 or 3. This
results in the foreshore being available for the reclamation and biodiversity
enhancement proposals.

6.138

In accordance with policy DM14, appropriate methods of construction and

design have been incorporated into the scheme to address Flood Risk. For
example finished floor levels of the dwellings at the western part of the

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development will be set above the 2115 flood level to allow for climate
change with 300mm freeboard. The sea wall will also be rolled back to allow
for the creation of an intertidal habitat in accordance with its natural state,
increasing the capacity of the tidal flood zone. Therefore, no significant
residual risks as a result of the development are identified within Flood Risk
Assessment.
6.139

DM14 also requests a multi-beneficial Sustainable Drainage systems (SUDS)

are included within any site over 0.25 hectares. A drainage strategy
accompanies this application and describes in detail the various SUDS
proposed within the development. A number of assessments have taken
place within the proposals development to ensure drainage is managed
appropriately and sustainability, without resulting in surface water flooding.
Proposed methods for disposal of surface water run-off from the various
developments is set out below:

6.140

Run-off from roofs will be collected using a traditional piped network

South-eastern part of the site - drains into the attenuation tanks located
under 1) access road 2) proposed car park
Northern part of the site drained into oversized pipes and attenuation
tank.
Hotel - drains into the attenuation tanks located to the southwest of the
site
Regarding water quality treatment, source control measures such as
Downstream defenders and Up-Flo filters could be installed
upstream/downstream of the above attenuation tanks. Restricted
discharges from above attenuation structures will be connected into a
culvert, which runs through the site, finally outfalling into the River
Medina
Permeable paving to private and communal parking areas and for
some of the access road surfaces
Patios and footpaths of private dwellings drain to lawns and soft
landscaped areas

The Environment Agency have commented on the proposals and have

concluded that the information in respect of Flood Risk issues is considered
to be acceptable and they have raised no objections subject to the imposition
of the recommended conditions. Having appraised the scheme, Officers
consider that the proposals would be compliant with the requirements of
DM14 of the Island Plan in relation to flood risk requirements, subject to the
imposition of the recommended conditions.
Phasing / Viability / Planning Obligations:

6.141

In considering these factors, Officers recognise that there is an intrinsic link

between each of these elements, and Officers are mindful of the guidance
constrained within the NPPF and NPPG which states that in assessing
economic viability Local Planning Authorities must be mindful of the
deliverability of the scheme (taking into account matters such as development
costs and level of risk) when seeking to determine the maximum level of

97

contributions that a development can provide. This is particularly important

given the position in respect of Affordable Housing and the requirements of
policy DM4.
6.142

At this stage, it should be highlighted that these factors have been the subject
of considerable discussion and negotiation between the applicants agent and
Officers. The application is supported by a revised economic viability
appraisal which has been undertaken by a competent body and which has
been assessed by Officers.

6.143

The indicated phasing plan for the development is indicated as follows:

1.

2.
3.
4.
5.
6.

Highway works to Folly Lane and junctions with Beatrice Avenue and
Whippingham Road; Ecological enabling works; Relocation of protected
species; Works to Padmore SINC; Works to clean-up foreshore and
create new foreshore environment; Demolition and site clearance
including ground modelling and remediation; Installation of services and
creation of on-site roads; Creation of the interpretation hub and
bird-hide; Erection of 4 show homes, gatehouse and offices.
Development of 25 units woodland estate
Development of 21 units within centre of the site
Development of 31 units northern part of the site
Development of apartments
Hotel phase This comprises the hotel, car park, business units

6.144

The hotel was originally identified to be commenced before the 51st unit was
completed. However, on review of the economic viability of the scheme, this
has now been brought forward. The application now identifies that this would
be commenced on or before the completion of the 40th unit and the Heads of
Terms recognise this. In terms of certainty over the delivery of this element of
the scheme, the applicants agent has identified that there is a willingness on
the part of the applicant to construct and deliver the hotel to compliment their
existing portfolio of similar enterprises. Officers recognise that the
development of the hotel forms a significant part of the overall development
cost (11.9million) with its end value unlikely to be realised until it is a mature,
and successful product (this is identified as being 5years post completion).
However Officers consider that sufficient information has been presented
within the supporting documents to identify that the hotel is a fundable, and
deliverable part of the overall scheme

6.145

In terms of securing delivery of the hotel, Officers have considered the

economic appraisal which identifies that as a stand-alone scheme (without
additional funding either from the applicants or other sources) it would not be
reasonable for the Local Planning Authority to require the developer to
commit to constructing it prior to the 40th unit this is due to the associated
costs of undertaking the site preparation and infrastructure works, along with
the ecological and highway mitigation that is required. That said, the terms of
any S106 would not preclude the hotel being brought forward earlier in the
development programme, as per the applicants intention.

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6.146

In terms of risk of non or partial completion, Officers have carefully

considered this in light of the economic viability appraisal and are of the
opinion that whilst there will always be an element of risk in this occurring, the
development model is based upon significant up-front costs, with a
recognition of delayed/staged returns based upon a 6year build programme,
with positive values being derived from the quality of the development and the
environment that would be created. Officers believe that the potential risk of
non or partial completion (ie construction of only 39 residential units) in this
instance would be low as it would not make economic sense for any
developer to walk away having completed only less than 40units as the
development costs at this point would still exceed any sales returns and thus
the development would generate a negative return. In this respect, subject to
appropriate controls within the S106 to require delivery of the hotel prior to
the 40th residential unit being completed, Officers consider that there is no
objection to the indicated phasing.

6.147

In terms of other controls within the phasing plan (such as delivery of a

number of units before a certain set of works take place), due regard has to
be given to the guidance contained within the NPPG which states:
Conditions which place unjustifiable and disproportionate financial burdens
on an applicant will fail the test of reasonableness. In considering issues
around viability, local planning authorities should consider policies in the
National Planning Policy Framework and supporting guidance on viability.
Officers have considered whether additional conditions to control the precise
phasing and tie-down the delivery of precise elements (eg which 40 units can
be delivered in advance of the hotel), however, having considered this
against the economic viability appraisal and the guidance within the NPPG
officers consider that such restrictions would be deemed unreasonable and
would negatively affect the overall viability of the scheme.

6.148

In respect of the overall viability and deliverability of the scheme, the

application contains a significant level of information which is reflective of the
complex nature of the application. It should be noted that following the
original submission, the applicants agent has appointed a new viability
consultant who has undertaken a full re-appraisal of the scheme. This revised
appraisal has been considered by Officers and it is upon this document the
Council is making its determination. The key findings of the appraisal are:

The Gross Development Value (GDV) of the scheme is 56.9million.

The Hotel cost is 11.9million.
Gross residential sales are 38.8million.
Other key costs include:
o
Road works - 1million
o
Ecology - 688k
o
Cycle Path Creation - 68k
o
River Bank Clean Up - 52k
o
Medina Mariners Area - 85k
o
Bird Hide - 60k
o
Animal Habitats creation - 31k
o
River Taxi Moorings Control Office - 57k

99

S106 contributions:
o
Education - 421k
o
Sustrans Contribution - 25k
o
SDMP - 17k

The EVA provides an updated timing schedule which identifies a 6year

build-out programme for the entire development, as opposed to the 10-11year
programme originally estimated. This is impacts positively upon the overall
viability position as it results in reduced financing costs.
6.149

The appraisal identifies that the scheme, taking into account the S106
contributions would have a developers return (profit) which is considerably
below the 20% that is identified by the NPPG and RICS guidance as being
appropriate for a scheme of this nature. It should be noted that the guidance
also indicates that for complex schemes on brownfield sites, the rate of return
is generally expected to be higher to reflect the risks associated with the
development.

6.150

Officers have fully evaluated the viability appraisal and conclude that the
assessment is robust. It accurately reflects the costs and receipts that would
be expected, and is therefore appropriate for the mixed-use scheme that has
been presented. The development of the site generates significant
infrastructure and mitigation costs, in addition the cost of hotel is significant in
terms of the overall development costs. The returns generated from sales
would be staged throughout the development programme, with the hotel sale
being generated at the point this product is considered to be mature (5years
from commencement of trading). In terms of a break-even and developer
return, these are both directly linked to the positive return from the sale of the
hotel. In terms of Section 106 contributions, the scheme is considered to be
deliverable based upon the current levels of contribution identified, but any
increase in contributions would negatively impact upon the delivery of the
scheme. Officers also recognise that the profit on Gross Development Value
(GDV) on this site is below what would normally be classed as a realistic
return. Overall, it is concluded that the assessment identifies the scheme as
being deliverable, but this is a carefully balanced scheme which is aided by
the position of the applicant as current-landowner with a desire to deliver the
hotel product.

6.151

In terms of Section 106 contributions, this has been the subject of

considerable negotiation between Officers and the applicants team. During
the determination of the application it has been identified that the following
contributions are necessary:

Affordable Housing As set out in policy DM4

SPA mitigation 17k as set out the Solent Disturbance Mitigation
Project SPD (SDMP SPD)
Education The School Organisation Officer has identified that this
development would be expected to yield 25 additional primary pupils

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which would increase pressure for places locally. A contribution of

421,400 is identified as being required which would be used towards
the cost of additional infrastructure at local primary schools. No
contribution is required for secondary schools.
Sustainable Transport - 25k towards the continued desire to create the
Newport East Cowes cycletrack and to allow for interpretation of the
local area linked to interpretation work already in place for Newport
Island Harbour.

From the outset it has been identified that the scheme did not include for
Affordable Housing provision, and sought to identify the overall viability
position as the rationale for non-provision.
6.152

As part of the ongoing negotiations regarding the scheme, the original Heads
of Terms provided with the application have been revised. The current Heads
of Terms for the application are summarised as follows:

The Hotel is to be commenced prior to the occupation of the 40th

residential unit.

A contribution of 463,467 to be paid to the Council as a 'pot' to be

divided as the Council deems appropriate. Purposes to be specified
within the S106.

A contribution of 40,000 to be paid to Council towards the continued

provision of the community bus service. To be payable on confirmation
from the Council that it has secured the balance of the costs.

An overage clause to secure contributions towards Affordable Housing

in the event that the Gross Development Value (GDV) of the residential
element increases. The Councils receipt would be based upon a
percentage of the overall increase in residential values. The total
overage would be capped at 1million. The timing for the review to
calculate any overage payable is to take place following the sale of the
final residential unit of the scheme or the completion of the hotel
element, whichever is the later.

6.153

Officers have considered the updated Heads of Terms against the findings of
the economic viability appraisal, and as concluded in the preceding sections,
it is identified that these contributions are the maximum that the development
as currently proposed can afford.

6.154

The Heads of Terms, in particular the pot of financial contributions that have
been discussed with the Local Ward Member and also with the clerk to
Whippingham Parish Council. It is concluded that there is no objection to the
terms that have been presented, however it is requested that the remaining
contribution (once SDMP and SUSTRANS contributions have been deducted)
this be split as follows:

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10% (42,144) be towards community facilities in Whippingham Parish

(this to be used towards improvements to the existing community facility,
outdoor play facilities etc)

90% (397,297) to be towards education and/or early years facilities

within the Whippingham and Osborne ward (this likely to be used for
increased spaces in either primary or early years places within the ward,
for example at Queensgate Primary).

Officers raise no objection to these requests which would be in accordance

with policy DM7 and DM22.
6.155

Returning to the issue of Affordable Housing, Officers recognise the

requirements of policy DM4 (35% on-site provision), however, it is considered
that the economic viability appraisal has sufficiently demonstrated that the
proposals cannot deliver this requirement whilst ensuring an economically
deliverable scheme. Officers would also suggest that owing to the location of
the site, it would not be considered a preferential site for the delivery of
on-site affordable housing. In terms of financial contribution, the appraisal
identifies that the scheme cannot provide to provide an off-site contribution in
addition to other S106 costs, therefore any affordable contribution as a
defined payment would be at the loss of other contributions, this is identified
by the pot approach which has been offered by the applicants. Officers
consider that in light of this position, the other contributions (eg SDMP,
SUSTRANS, Education/Community facilities) could bring about greater
beneficial mitigation than a limited financial contribution towards affordable
housing could secure and would more appropriately compliment the scheme.

6.156

Officers and the applicants are mindful that there is the potential for
fluctuation within the economic viability appraisal for example if the residential
values increase the overall Gross Development Value (GDV) would increase
if costs are fixed. As such, Officers have negotiated an overage
arrangement which the applicants have agreed to include as part of a S106.
This would ensure that the economic viability appraisal is fixed, and if when
reviewed it is seen that the Gross Development Value (GDV) for the
residential element has increased the Council would benefit from an
additional receipt (contribution) which would be ring-fenced towards
affordable housing. This overage would be capped at a maximum of
1million which would then be used to provide for affordable housing off-site.
It is based upon increases in house prices compared to what has been
assessed within the appraisal, Officers consider that there is a likelihood of
additional overage receipts being received as a consequence of
house-prices rising, or house-prices being higher than expected owing to the
quality of development and environment that is proposed by the scheme.
Officers consider that this approach is reasonable and sensible which would
reflect the aims of the NPPF and NPPG in so far as ensuring that the Local
Planning Authority receives appropriate levels of contribution to meet policy
objectives, whilst ensuring that schemes are deliverable. Members attention
is drawn in particular to paragraph 173 of the NPPF which states:
Pursuing sustainable development requires careful attention to viability and

102

costs in plan-making and decision-taking. Plans should be deliverable.

Therefore, the sites and the scale of development identified in the plan should
not be subject to such a scale of obligations and policy burdens that their
ability to be developed viably is threatened.
6.157

It should be noted that the hotel (and associated facilities) has not been
included within the model for calculating any overage, this is because the
hotel represents a significant development cost and associated risk and this
could counteract any increase in residential value. In the event that the hotel
value did increase, or was brought forward earlier in the scheme Officers
recognise that this would improve the viability position, but it is considered
that the Council would have already benefitted in terms of other policy
objectives such as employment and tourism provision, and increase in
business rates, as the hotel would be a delivered, and/or a successful
product. Hence, Officers are comfortable that this is not included within the
overage model.

6.158

Overall in respect of policy DM4 and Affordable Housing, Officers consider

that the approach that has been adopted and proposed through the Heads of
Terms is a reasonable approach which is consistent with the requirements of
the NPPF and NPPG and would allow for a longer-term receipt to be received
towards affordable housing as a result of the success of the scheme. As
such, Officer are comfortable that the scheme would on balance meet the
aims of policy DM4.

6.159

In conclusion, Officers consider that the position in respect of phasing,

viability and planning obligations has been appropriately and acceptably been
demonstrated. Therefore before any approval can be granted, Officers would
require the resolution of a S106 agreement to include for the following terms:

The Hotel is to be commenced prior to the occupation of the 40th

residential unit. As per the draft Heads of Terms.

A contribution of 463,467 to be paid to the Council as a 'pot' to be

divided as the Council deems appropriate - As per the draft Heads of
Terms. Purposes to be as follows:

25,000 towards Sustainable Transport improvements

17,026 towards SDMP mitigation

42,144 be towards
Whippingham Parish

397,297 to be towards improvements in education and/or early years

facilities within the Whippingham and Osborne ward

A contribution of 40,000 towards the continued provision of the

community bus service. As per the draft Heads of Terms.

An overage clause to secure contributions towards Affordable Housing

improvements

in

community

facilities

in

103

in the event that the Gross Development Value (GDV) of the residential
element increases, this is based upon the terms and clauses within the
draft Heads of Terms.

Provisions relating to the formalisation and dedication of greenways (to

act as footpath and cycleways) within the development site (linking Folly
Lane and Beatrice Avenue and from Folly Lane crossing Padmore SINC
to its northern boundary).

Provisions relating to delivery highway infrastructure through S278 and

S38 Highway Agreements. This would include provisions to ensure that
the required sums for maintenance of new additions to the adopted
highway network are secured.

Provisions relating to the creation and delivery of an employment, skills

and education plan to cover during construction and for a period of not
less than 3years post completion.

Provisions relating to the employment of an ecological clerk of works to

oversee the implementation of the ecological mitigation and
enhancement works, to manage and maintain the areas of ecological
interest during and following completion of the development, to monitor
the areas of ecological works and interest on the site during the
construction works and for a period of not less than 5 years following
completion of the development, and to provide annual reporting in
relation to the ecological monitoring to the Local Planning Authority and
statutory bodies.

Provisions in relation to the creation of a Management Organisation /

Company and associated strategy and operation plan to manage all
works during the construction period, and to manage and maintain all
elements of the site (including Folly Lane) in perpetuity. This is in
accordance with section 19 of the ES, and the draft Management and
Operational Strategy supplied with the application.

7.

Conclusion

7.1

Having given due regard and appropriate weight to all material considerations
referred to above the application is considered to accord with the principles of
the Core Strategy and the National Planning Policy Framework

7.2

The application would result in the regeneration of a former employment site

located within the Medina Valley Key Regeneration Area. The proposal would
provide for the creation of a new tourism offer and visitor destination, with the
provision of residential development in order to ensure that the proposals are
an economically viable and deliverable scheme. The proposals would therefore
represent an economic-led regeneration, in accordance with policies SP1,
SP2, SP4 and AAP 1 of the Island Plan Core Strategy.

104

7.3

The amount, layout, scale, design and layout of the site would be high quality
and would create a unique environment, which would complement the existing
characteristics of the surrounding landscape including key views from the River
Medina and being mindful of historic assets forming part of the overall context
of this area. The proposal would accord with policies SP5, DM2, DM11 and
DM12.

7.4

The scheme has been sensitively considered in relation to matters regarding

ecology and the surrounding ecological designations, and the application has
sufficiently demonstrated through its supporting information that significant
ecological enhancements and benefits could be realised through this proposal.
The scheme has also sufficiently demonstrated its acceptability in relation to
technical matters including arboriculture, drainage, flood risk and archaeology.

7.5

The proposals include for a revised layout of Folly Lane, along with junction
improvements and provision of cycleway/footway connections, in order to
ensure that the site is accessible by means other than the private car. It is
therefore considered to be sustainable in relation to policies SP7 and DM17.

8.

Recommendation

8.1

Conditional permission, subject to a Section 106 Agreement based on the

terms as set out at paragraph 6.159 of this report.

9.

Statement of Proactive Working

9.1

In accordance with paragraphs 186 and 187 of the NPPF, the Isle of Wight
Council take a positive and approach to development proposals focused on
solutions to secure sustainable developments that improve the economic,
social and environmental conditions of the area in the following way:

The IWC offers a pre application advice service

Updates applicants/agents of any issues that may arise in the
processing of their application and suggest solutions where possible

In this instance the applicant was provided with pre application advice and
negotiations have taken place through the determination process of the
application.
Conditions/Reasons:
1

The development hereby permitted shall be begun before the expiration of 5

years from date of this permission.
Reason: To comply with Section 91 of the Town and Country Planning Act
1990.

The development hereby permitted shall be be carried out in complete

accordance with
the details shown on the submitted plans, numbered:

105

Drawing title

Drawing
number

Revis
ion

Drawing title

Proposed Overall Site

Plan
Proposed Site Plan

(08) 010

A08

(08)011

A08

Proposed Site Section

(08)020a

A00

Apartment Block - LGF

and GF
Apartment Block - FF and
SF
Apartment Block - TF

(08)202

A01

(08)203

A00

(08)204

A00

Apartment Block (08)210

Elevations North and East
Apartment Block (08)211
Elevations South and
West
Apartment Block (08)212
sections
Landscape Masterplan

A01

Proposed House - HT2b

- No.27
Proposed House - HT2b
- No.28
Proposed House - HT2b
- No.29
Proposed House - HT2b
- No.30
Proposed House - HT2a
- No.31
Proposed House - HT2a
- No.32
Proposed House - HT2a
- No.33
Proposed House - HT2a
- No.34

Proposed bird hide

A01

A01
01

(08)182

A02

(08)183

A02

(08)184

A01

(08)185

A00

Access Road Proposals

12556/19

Signalised Junction
Layout
Proposed Junction Layout
- Beatrice Avenue
New access road section
New link road - section

12556/22

12556/17

12556/28
12556/27

Hotel Site Plan

001

Hotel - Levels -1,0 and+1

002

Proposed House - HT2a

- No.35
Proposed House - HT3 No.36
Proposed House - HT3 No.37
Proposed House - HT3 No.38
Proposed House - HT3 No.39
Proposed House - HT3 No.40
Proposed House - HT3 No.41
Proposed House - HT3 No.42
Proposed House HT2a- No.43
Proposed House - HT2a
- No.44
Proposed House - HT2a
- No.45
Proposed House - HT2a
- No.46
Proposed House - HT2a
- No.47

Drawi Revis
ng
ion
numb
er
127
128
129
130
131
132
133
134

135
136
137
138 A01
139 A01
140
141
142
143
144
145
146 A01
147

106

Hotel - Levels +1.5 and

+2
Hotel - Levels +3

003

004

Hotel - Levels
+4and+5(roof)
Hotel - Sections and
Elevations
Hotel - Sections and
Elevations
Proposed House - HT1 No.1
Proposed House - HT1 No.2
Proposed House - HT1 No.3
Proposed House - HT1 No.4
Proposed House - HT1 No.5
Proposed House - HT1 No.6
Proposed House - HT1 No.7
Proposed House - HT1 No.8
Proposed House - HT1 No.9
Proposed House - HT1 No.10
Proposed House - HT1 No.11
Proposed House - HT1 No.12
Proposed House - HT1 No.13
Proposed House - HT1 No.14
Proposed House - HT2b No.15
Proposed House - HT2b No.16
Proposed House - HT2b No.17
Proposed House - HT2b No.18
Proposed House - HT2b -

005

009

010

101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119

Proposed House - HT2a

- No.48
Proposed House - HT2a
- No.49
Proposed House - HT2a
- No.50
Proposed House - HT2a
- No.51
Proposed House - HT2a
- No.52
Proposed House - HT2a
- No.53
Proposed House - HT2a
- No.54
Proposed House - HT2a
- No.55
Proposed House - HT2a
- No.56
Proposed House - HT2a
- No.57
Proposed House - HT4 No.58
Proposed House - HT4 No.59
Proposed House - HT4 No.60
Proposed House - HT4 No.61
Proposed House - HT4 No.62
Proposed House - HT4 No.63
Proposed House - HT4 No.64
Proposed House - HT4 No.65
Proposed House - HT5 No.66
Proposed House - HT6 No.67
Proposed House - HT6 No.68
Proposed House - HT6 No.69
Proposed House - HT6 No.70
Proposed House - HT5 -

148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171

107

No.19
Proposed House - HT2b No.20
Proposed House - HT2b No.21
Proposed House - HT2b No.22
Proposed House - HT2b No.23
Proposed House - HT2b No.24
Proposed House - HT2b No.25
Proposed House - HT2b No.26

120
121
122
123
124
125 A01
126 A01

No.71
Proposed House - HT6 No.72
Proposed House - HT6 No.73
Proposed House - HT5 No.74
Proposed House - HT6 No.75
Proposed House - HT6 No.76
Proposed House - HT6 No.77
Proposed House - HT5 No.78
Proposed House - HT5 No.79
Proposed House - HT6 No.80
Proposed House - HT5 No.81

172
173
174
175
176
177
178
179
180
181

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.
3

The development hereby permitted shall only be carried out in accordance with
the parameters of the submitted Environmental Statement including
Supplementary Environmental Information (SEI).
Reason: For the avoidance of doubt and to ensure the satisfactory
implementation of the development in accordance with the parameters of the
Environmental Statement in the interests of the ecological and environmental
sensitivity of the area and to comply with policies SP5, DM2, and DM12 of the
Island Plan and the principles of the NPPF.

The ecological mitigation measures as set out in the Environmental Statement

(including Supplementary Environmental Information SEI) and the supporting
documentation shall be fully implemented in accordance with the indicative
phasing plan and prior to the occupation of the first residential unit unless
otherwise agreed in writing the local planning authority.
Reason: To ensure the protection of wildlife and supporting habitat and secure
opportunities for the enhancement of the nature conservation value of the site
and protection of the water environment in line with policies SP5, DM2, and
DM12 of the Island Plan and the principles of the NPPF.

108

No development shall commence until a detailed specification and timetable for

the biodiversity mitigation and enhancement measures shall be submitted to the
Local Planning Authority for agreement in writing. These details shall cover the
package of measures included within the submitted documents (including
Environmental Statement) including:

Creation of riverside terraces

Creation of bird island
Clearance of inter-tidal debris and sea-wall re-profiling
Restoration of the tidal inlet
Scrub clearance and works to SINC
Erection of nest and bat boxes
Proposed native landscape planting
Measures for dormouse relocation and ongoing protection
Measures for badger relocation and ongoing protection

The works shall then be undertaken in accordance with the agreed details and
works completed prior to the occupation of the first residential unit to be
completed.
Reason: In order to ensure the works are undertaken in an appropriate manner
to minimise impact to the designated sites and to ensure that the biodiversity
enhancements and mitigation are delivered, to comply with policies SP5, DM2
and DM12 of the Island Plan and the principles of the NPPF.
6

No development shall commence until a detailed methodology for the intertidal

restoration ( setting out how the works will be undertaken and timing of works)
has been submitted to the Local Planning Authority for agreement in writing.
The works shall only be undertaken in accordance with the agreed details
unless the prior written agreement of the Local Planning Authority has been
obtained.
Reason: In order to ensure that the works are undertaken in an appropriate
manner to minimise impact to the designated sites and to comply with policies
SP5, DM2 and DM12 of the Island Plan and the principles of the NPPF.

No development of the pier shall commence until a detailed methodology for the
works including method of piling and timing of works), and full details of the
materials and finishes to be used for the pier, have been submitted to the Local
Planning Authority for agreement in writing. The works shall only be undertaken
in accordance with the agreed details unless the prior written agreement of the
Local Planning Authority has been obtained.
Reason: In order to ensure that the works are undertaken in an appropriate
manner to minimise impact to the designated sites and to comply with policies
SP5, DM2 and DM12 of the Island Plan and the principles of the NPPF.

109

No development shall take place until an Environmental Management Plan

(EMP) (based upon the principles set out in Section 7.10 of the Environmental
Statement) and incorporating a Conservation and Amenity Plan (as indicated at
section 8.8 and 8.9 of the Environmental Statement) has been submitted to the
Local Planning Authority for agreement in writing. The EMP shall be operated
following completion of the ecological and landscape mitigation measures and
the site shall be managed in accordance with the Environmental Management
Plan thereafter unless otherwise agreed in writing by the Local Planning
Authority.
Reason: To ensure the long-term protection of wildlife and supporting habitat is
secured in accordance with the principles established by the Environmental
Statement and in line with policies SP5, DM2, and DM12 of the Island Plan and
the principles of the NPPF.

No development shall take place until a Construction Environmental

Management Plan (CEMP) that is in accordance with the approach outlined in
the Environmental Statement (section 4.11), has been submitted to and
approved in writing by the local planning authority. The CEMP shall set out how
all construction activities, including the mitigation and enhancement measures,
will avoid direct and in-direct impacts to the nationally and internationally
designated habitats and the surrounding environment, and how this plan will be
operated and managed during all stages of construction. Works associated with
the development hereby shall be carried out in accordance with the approved
Construction Environmental Management Plan (CEMP) unless otherwise
agreed in writing by the Local Planning Authority.
The CEMP shall include consideration of those matters outlined within 4.11 of
the Environmental Statement and also include consideration of the following
issues:

Water Framework Directive (WFD), to include;

How the risk to the shellfish water will be controlled.

How the methods of construction will avoid, or reduce to an

acceptable level the suspension of solids in the water column

Pollution Prevention measures, to include;

The means of access for demolition and construction traffic

The loading and unloading of plant and materials;

The storage of plant and materials used in constructing the

development;

Control of silt, settlement facilities;

Measures to control the emission of dust and dirt during

construction;

A scheme for recycling/disposing of waste resulting from

demolition and construction works

Use of best practices to ensure all reasonable precautions are

undertaken to ensure no pollutants enter the River Medina

Details of temporary construction lighting and use of best

110

practices to avoid impacts upon amenity

Hydrological impacts associated with the creation of the Bird Island and
the establishment of the salt marshes, including:

Sediment flows and rates within the water column

Impact(s) of scouring

Demolition and construction mitigation measures

A monitoring programme

Noise and Vibration, including;

noise impacts of removal/re-profiling of the banks/sea wall to fish
Proposed construction hours;
procedures for ensuring compliance with statutory or other identified
noise control limits;
procedures for minimising the noise from construction related traffic
on the existing road network;
the
adoption and compliance with best practices and
recommendations as described in BS 5228:2009 as defined in the
Control of Pollution Act 197 and consideration of construction
techniques that minimise noise;
procedures for minimising dust emissions from the site and vehicles
accessing/egressing the site;
procedures for general induction training for site operatives and
specific training for staff having responsibility for particular aspects of
controlling noise from the site;
liaison with the Local Authority and the community;

Reason: In order to ensure that the works are undertaken in an appropriate

manner to minimise impact to the designated sites and ecological features and
the surrounding environment in general and to comply with policies SP5, DM2
and DM12 of the Island Plan and the principles of the NPPF.

10

The development hereby permitted shall be carried out in accordance with the
approved Flood Risk Assessment (FRA) dated November 2013, ref:
NEFOLLY.10 by Mayer Brown Limited and during construction the following
mitigation measures detailed within the FRA shall be applied/installed:
1. Finished floor levels are set no lower than 4.4m above Ordnance Datum
(AOD).
2. Surface water run-off generated by the 1 in 100 year critical storm (30%
climate change allowance) shall be limited so that it will not exceed the
run-off from the undeveloped site and not increase the risk of flooding
off-site.

111

The mitigation measures shall be fully implemented prior to occupation and

subsequently in accordance with the timing / phasing arrangements embodied
within the scheme, or within any other period as may subsequently be agreed,
in writing, by the local planning authority.
Reason: In order to reduce the risk of flooding to the proposed development
and future occupants, and to prevent flooding by ensuring the satisfactory
storage of/disposal of surface water from the site, in accordance with the aims
of policy DM14 of the Island Plan and paragraph 103 of the NPPF.
11

No development shall commence until a detailed method statement for

removing or for the long-term management / control of Japanese Knotweed on
the site shall be submitted to and approved in writing by the local planning
authority. The method statement shall include proposed measures that will be
used to prevent the spread of Japanese Knotweed during any operations e.g.
mowing, strimming or soil movement. It shall also contain measures to ensure
that any soils brought to the site are free of the seeds / root / stem of any
invasive plant covered under the Wildlife and Countryside Act 1981, as
amended. Development shall proceed in accordance with the approved method
statement.
Reason: In order to prevent the spread of Japanese Knotweed which is an
invasive and non-native species in the interests of the surrounding environment
and to comply with policies SP5, DM2 and DM12 of the Island Plan and the
principles of the NPPF.

12

Prior to the commencement of each phase of development, a detailed

specification for the design, surfacing, surface water drainage method and
construction of any new or altered roads, footways, cycleways, accesses and
car parking areas within that phase shall be submitted to and approved in
writing by the Local Planning Authority. The development within each phase
shall only be undertaken in accordance with the agreed details.
Reason: In the interests of highway safety and to comply with policy DM2
(Design Quality for New Development) of the Island Plan Core Strategy.

13

Prior to the commencement of development, a specification for wheel cleaning

facilities (including a plan showing the location of such facilities) to prevent
material being deposited on the highway shall be submitted to the Local
Planning Authority for agreement in writing. Following agreement the facilities
shall be made available, maintained and retained for use throughout all stages
of the development. In the event of material being deposited on the highway as
a result of any operation on the site, such deposits shall be removed as soon as
practicable by the site operator/contractor.
Reason: In the interests of highway safety and to prevent mud and dust from
getting on the highway and to comply with policy DM2 (Design Quality for New
Development) and SP9 (Minerals) of the Island Plan Core Strategy.

14

No development shall take place until a detailed specification of works for the

112

upgrade of the A3021 / Beatrice Avenue junction, based on the principles

shown on drawing 12556/22 rev. F have been submitted to and approved in
writing by the Local Planning Authority. With the exception of the highway works
as permitted, the approved junction improvements shall be completed prior to
any works in connection with this permission are undertaken.
Reason: In the interests of highway safety and to comply with policy DM2
(Design Quality for New Development) of the Island Plan Core Strategy.
15

No development shall take place until a detailed specification of works for the
proposed access road linking Folly Lane and Beatrice Avenue (including its
junction), based on the principles shown on drawing 12556/19 rev. C have been
submitted to and approved in writing by the Local Planning Authority. With the
exception of the highway works as permitted, no development or site clearance
hereby permitted shall take place until the proposed access road linking Folly
Lane and Beatrice Avenue (including junctions, footways and visibility splays)
has been completed in accordance with the agreed details.
Reason: In the interests of highway safety and to comply with policy DM2
(Design Quality for New Development) of the Island Plan Core Strategy.

16

Prior to the junction between Beatrice Avenue and Folly Lane being brought into
operation a 2.4m x 43m sightline to the west of the junction to the centreline of
Beatrice Avenue as shown on drawing 12556/17 rev. C shall be provided.
Nothing greater than 1m in height shall be permitted to remain within the splay
at any time.
Reason: In the interests of highway safety and to comply with policy DM2
(Design Quality for New Development) of the Island Plan Core Strategy.

17

Prior to the commencement of development, a full specification for the proposed

upgrading of Folly Lane and the provision of the adjacent footway / cycleway
has been submitted to the Local Planning Authority for agreement in writing. No
building / dwelling hereby approved shall be occupied until Folly Lane has been
upgraded and the adjacent footway / cycleway has been constructed in
accordance with details to be submitted to and approved in writing by the Local
Planning Authority.
Reason: In the interests of highway safety and to comply with policies DM2
(Design Quality for New Development), DM13 (Green Infrastructure), DM17
(Sustainable Travel) and SP7 (Travel) of the Island Plan Core Strategy.

18

Prior to the junction between the site access road and Folly Lane (as shown on
drawing 12556/ATR109) being brought into operation a 2.4m x 43m sightline in
both directions shall be provided. The resultant visibility splays shall thereafter
remain free from obstruction.
Reason: In the interests of highway safety and to comply with policy DM2
(Design Quality for New Development) of the Island Plan Core Strategy.

113

19

Prior to the commencement of the hotel or business units hereby approved,

details of the visibility splays serving the accesses for the hotel service yard,
adjacent business units and hotel car park from Folly Lane, shall be submitted
to and approved in writing by the Local Planning Authority. The hotel service
yard, adjacent business units or the hotel car park shall not be brought into
operation until the respective approved splays have been provided. The
resultant splays shall thereafter remain free from obstruction.
Reason: In the interests of highway safety and to comply with policy DM2
(Design Quality for New Development) of the Island Plan Core Strategy.

20

No building / dwelling shall be occupied until the parking, access road and any
associated turning space serving that unit has been laid out within the site and
drained and surfaced in accordance with the approved plans. 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 DM2
(Design Quality for New Development) and DM17 (Sustainable Travel) of the
Island Plan Core Strategy.

21

Prior to the commencement of development a detailed scheme for the closure

of the existing upper section of Folly Lane between its junction with the A3021
and the upgraded section of Folly Lane to be retained, shall be submitted to the
Local Planning Authority for agreement in writing. No later than one month after
the new link road between Folly Lane and Beatrice Avenue is first brought into
use, the existing section of Folly Lane between its junction with the A3021 and
its junction with the new access road shall be closed for through traffic in
accordance with the agreed scheme, unless otherwise agreed in writing by the
Local Planning Authority.
Reason: In the interests of highway safety and to comply with policy DM2
(Design Quality for New Development) of the Island Plan Core Strategy

22

Prior to the commencement of works to any of the Rights of Way, a detailed

specification (and plans) for the works shall be submitted to the Local Planning
Authority for agreement in writing. The works shall then only be undertaken in
accordance with the agreed details and shall be completed in full prior to the
first occupation of any of the residential units.
Reason: In order to ensure that the Rights of Way improvements proposed are
delivered in an acceptable fashion, the interests of safety of all users and to
comply with policies DM2, DM13 and DM17 of the Island Plan

23

No development including site clearance shall commence on the site until trees
shown to be retained in this permission have been protected by fencing or other
agreed barrier, Any fencing shall conform to the following specification:
Barrier shall consist of a scaffold framework as shown in figure 2 of BS 5837
(2005). Comprising of vertical and horizontal framework braced to resist impact,
with vertical tubes spaced at a maximum of 3 m intervals. Onto this weld mesh

114

panels are to be securely fixed. Such fencing or barrier shall be maintained

throughout the course of the works on the site, during which period the following
restrictions shall apply:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)

No placement or storage of material;

No placement or storage of fuels or chemicals.
No placement or storage of excavated soil.
No lighting of bonfires.
No physical damage to bark or branches.
No changes to natural ground drainage in the area.
No changes in ground levels.
No digging of trenches for services, drains or sewers.
Any trenches required in close proximity shall be hand dug ensuring all
major roots are left undamaged.

Reason: To ensure that the high amenity trees to be retained are adequately
protected from damage to health and stability throughout the construction
period in the interests of amenity, in compliance with Policy DM12 (Landscape,
Seascape, Biodiversity and Geodiversity) of the Island Plan Core Strategy.
24

Unless varied by other conditions attached to and forming part of this decision,
the landscaping principles shall be in accordance with the Landscape
Masterplan (drawing 01 Rev E). Prior to the commencement of any hard or soft
landscaping works, updated versions (to reflect the revised landscape
masterplan) of the following drawings:
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.

Landscape Masterplan - Access Road

Landscape Masterplan - Main site
Landscape Sections
Sections
Hard landscape plan - Main site
Hard landscape plan - Folly Lane
Soft landscape plan - Northern Area
Soft landscape plan - Southern Area
Access Road - West
Access Road East

shall be submitted to the Local Planning Authority for agreement in writing. The
detailed landscaping of the site shall be undertaken in accordance with the
agreed details unless otherwise agreed in writing by the Local Planning
Authority.
Reason: In order to ensure that the detailed landscaping drawings are updated
to reflect minor changes to the overall landscape masterplan and to ensure that
the site is appropriately landscaped to ensure it is a high quality development
and to soften the visual impact of the development and to ensure that sufficient
mitigation planting is achieved to offset the impact of required tree losses, in
compliance with Policy DM12 (Landscape, Seascape, Biodiversity and
Geodiversity) of the Island Plan Core Strategy.

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25

Prior to work commencing on site, including site clearance but not demolition,
an arboreal method statement shall be submitted to and approved in writing by
the Local Planning Authority. The agreed statement shall be adhered to on site
thereafter.
Reason: To ensure that the high amenity trees to be retained are adequately
protected from damage to health and stability throughout the construction
period in the interests of the amenity and in compliance with Policy DM12
(Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core
Strategy.

26

Notwithstanding the approved plans, prior to the commencement of the

landscaping works adjacent to the southern section of Folly Lane (adjacent to
the hotel site) an updated soft landscape plan (to include details of Advanced
Nursery Stock planting - number, location, and species to be located along the
Folly Lane boundary) shall be submitted to the Local Planning Authority for
agreement in writing. The landscaping of this area shall only be undertaken in
accordance with the agreed details.
Reason: In order to ensure that the frontage to this section of Folly Lane is
appropriately landscaped to soften the visual impact of the development and to
ensure that sufficient mitigation planting is achieved to offset the impact of
required tree losses, in the interests of the amenity of the development in
compliance with Policy DM12 (Landscape, Seascape, Biodiversity and
Geodiversity) of the Island Plan Core Strategy.

27

Notwithstanding the approved plans, prior to the commencement of plots 16,

17, 18, 19 and 31, details of landscaping (including existing and proposed
levels), boundary treatments and tree works required in connection with these
plots shall be submitted to the Local Planning Authority for agreement in writing.
The development of these plots shall only be undertaken in accordance with the
agreed details.
Reason: In order to ensure that these plots (which have been revised during
the application process) can be developed acceptably in relation to trees of
amenity value and are appropriately landscaped in the interests of the amenity
of the development in compliance with Policy DM12 (Landscape, Seascape,
Biodiversity and Geodiversity) of the Island Plan Core Strategy.

28

Any trees or plants which within a period of 5 years from the completion of the
development die, are removed or become seriously damaged or diseased shall
be replaced in the next planting season with others of similar size and species,
and any boundary treatments which become damaged shall be repaired or
replaced as soon as practicably possible, unless the Local Planning Authority
gives written consent to any variation.
Reason: To ensure the appearance of the development is satisfactory and to
improve the potential for biodiversity on the site and to comply with policy DM2
(Design Quality) of the Island Plan Core Strategy and the principles of the
NPPF.

116

29

Prior to work commencing on site details of the proposed means of foul and
surface water drainage based upon sustainable drainage principles shall be
submitted to the Local Planning Authority for agreement in writing. Such details
shall include calculations, measures which will be undertaken to protect public
sewers crossing the site, measures relating to the maintenance of the on-site
SUDS facilities and a phasing plan for the delivery of any required
infrastructure. Detailed design of the proposed drainage system should take into
account the possibility of surcharging within the public sewerage system in
order to protect the development from potential flooding. The agreed details
shall be installed during the development of the site in accordance with agreed
phasing plan for the drainage infrastructure, unless otherwise agreed in writing
by the Local Planning Authority. .
Reason: To ensure a satisfactory means for the disposal of foul and surface
water from the development, to minimise the risk of flooding and to ensure that
the public sewer crossing the site is adequately protected and safeguarded
during the development. In accordance with Policy DM14 (Flood Risk) of the
Island Plan Core Strategy and Government advice contained within the National
Planning Policy Framework.

30

Prior to the commencement of development of the hotel, a detailed drainage

scheme including details of wastewater grease traps/filters and methods for
disposal of wastewater from the swimming pool and associated facilities along
with discharge rates shall be submitted to the Local Planning Authority for
agreement in writing. The construction of the hotel shall only be undertaken in
accordance with the agreed details with the means of drainage being fully
installed prior to first use. The drainage shall then be maintained in accordance
with best practices thereafter.
Reason: To ensure a satisfactory means for the disposal of foul and surface
water from the development, to minimise the risk of flooding and to ensure that
the public sewer crossing the site is adequately protected and safeguarded
during the development. In accordance with Policy DM14 (Flood Risk) of the
Island Plan Core Strategy and Government advice contained within the National
Planning Policy Framework.

31

Prior to the first use of the hotel and business units, a comprehensive noise
assessment (carried out by a competent person) shall be submitted to the Local
Planning Authority for agreement in writing. The assessment should identify
anticipated noise emissions from the operation of plant, machinery, business
activities (including events) and proposed controls. The assessment should be
carried out in accordance with BS4142:1997 and as set out in the informative
below. The uses shall then only be operated thereafter in accordance with the
agreed assessment with any noise mitigation or control measures having been
installed/applied, unless otherwise agreed in writing by the Local Planning
Authority.
Reason: To prevent annoyance and disturbance, in particular sleep disturbance

117

from noise emissions from the premises and uses within the site, and to comply
with policy DM2 of the Island Plan and the principles contained in the NPPF.
Informative:
The assessment should be carried out in accordance with BS4142:1997 and
shall ensure that the rating level of the noise emitted from proposed equipment
shall be lower than the night-time existing background noise level by at least 3
dB (and shall have no significant tonal component within any 1/3 Octave Band
Level. Where any 1/3 octave band level is 5 dB or above the adjacent band
levels the tone is deemed to be significant) between 23:00 and 07:00 hours
daily, and shall not exceed the existing daytime background noise level at any
time (and shall have no significant tonal component within any 1/3 Octave Band
Level. Where any 1/3 octave band level is 5 dB or above the adjacent band
levels the tone is deemed to be significant) between 07:00 and 23:00 hours
daily, by measurement or calculation. The survey should also include details of
the likely L Amax(f) levels arising from the proposed use including their
anticipated frequency and projected times of occurrence and should be
calculated at a position 1 metre from the boundary of the closest noise sensitive
premises, to the proposed development. The existing background noise level
should be determined by measurement at a location agreed with the LPA
(normally at a point 1 metre from the boundary of closest noise sensitive
premises, to the proposed development). A competent person may be
contacted through The Association of Noise Consultants, The Old Pump
House, 1A Stonecross, St. Albans Herts SL1 4AA Telephone 020 8253 4518
http://www.association-of-noise-consultants.co.uk/.
32

Prior to the first use of the business units commencing, details of the intended
hours for operation / opening-closing shall be submitted to the Local Planning
Authority for agreement in writing. Following agreement the use shall only be
operated in accordance with the agreed hours unless the Local Planning
Authority has given written agreement to any variation.
Reason: To prevent annoyance and disturbance, in particular sleep disturbance
from noise associated with uses and to comply with policy DM2 of the Island
Plan.

33

Prior to the first use of the hotel and business units commencing, details of the
intended hours for goods deliveries and goods dispatches to the development
shall be submitted to the Local Planning Authority for agreement in writing.
Following agreement deliveries and dispatches associated with the use shall
only be operated in accordance with the agreed hours unless the Local
Planning Authority has given written agreement to any variation.
Reason: To prevent annoyance and disturbance, in particular sleep disturbance
from noise associated with deliveries to and dispatches from the site and to
comply with policy DM2 of the Island Plan.

34

With the exception of the highway works hereby permitted, no development

hereby permitted shall commence until there has been submitted to and
approved in writing by the Local Planning Authority:

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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
Contaminated Land Research report nos 2 and 3 and
BS10175:2011+A1:2013; 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+A1:2013
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; and, unless otherwise agreed in
writing by the Local Planning Authority,

d)

No construction of buildings shall not commence until the investigator

has provided 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 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.

If, during development, contamination not previously identified is found to be

present at the site then no further development (unless otherwise agreed in
writing with the local planning authority) shall be carried out until the developer
has submitted a remediation strategy to the local planning authority detailing
how this unsuspected contamination shall be dealt with and obtained written
approval from the local planning authority. The remediation strategy shall be
implemented as approved.
Reason: In order to ensure that the contaminated material located on the site is
appropriately identified, remediated or removed, in order to protect the
environment and prevent harm to human health, to prevent the potential
mobilisation of any unexpected contamination into any sensitive environmental
receptors such as the River Medina and to comply with policy DM2 of the Island
Plan and paragraph 109 of the NPPF.
35

Prior to the demolition of any buildings on site, an asbestos survey along with
methods for removal and disposal of asbestos from the site shall be submitted
to the Local Planning Authority for agreement in writing. Works shall be
undertaken in accordance with the agreed details unless otherwise agreed in

119

writing by the Local Planning Authority.

Reason: In order to ensure that asbestos is appropriately removed, in the

interests of the environment and to prevent harm to human health, and to
comply with policy DM2 of the Island Plan and the principles of the NPPF.

36

In the event of the use of piled foundations, prior to the commencement of any
such foundation works a strategy for the proposed piling shall be submitted to
and agreed in writing with the local planning authority. The strategy shall include
an explanation of the methods of installation of piles, an appropriate justification
for the method proposed, a piling risk assessment, a noise and vibration
monitoring programme and details of timing of the works. Piling works shall only
be undertaken in accordance with the strategy unless otherwise agreed in
writing by the Local Planning Authority.
Reason: In order to ensure that any piling works would not increase the risk of
contamination and would not impact upon the amenity or environment
surrounding the site, and to comply with policy DM2 of the Island Plan and the
principles of the NPPF.

37

No piling works shall take place outside the period Oct 31st and March 15th in
any given year, unless the prior written agreement of the Local Planning
Authority has been obtained.
Reason: In order to minimise the potential for detrimental impacts on migratory
fish, and to comply with policy DM12 of the Island Plan and para 106 of the
NPPF.

38

Prior to the construction of any buildings, a detailed lighting strategy for the site
shall be submitted to, and approved in writing by, the Local Planning Authority.
This information shall set out the lighting approach for the hotel , business units,
residential units, access roads and communal areas, and shall include a layout
plan with beam orientation and a schedule of equipment in the design (luminaire
type, mounting height, aiming angles, luminaire profiles and measures to
prevent light pollution) along with hours of operation. The lighting shall be
installed, maintained and operated in accordance with the approved details
unless the Local Planning Authority gives its written consent to the variation.
Reason: To protect the appearance of the area, the environment and local
residents from light pollution and to comply with policy DM2 of the Island Plan.

39

Prior to the use of the hotel, or the caf hereby permitted commencing, a
detailed specification (including plans showing the location, design, finish,
extraction point and any associated fans/filters) of proposed extraction system,
a report setting out potential emissions to atmosphere and any means of
abatement, and details of ongoing management and maintenance regimes shall
be submitted to the Local Planning Authority for agreement in writing. The
extraction systems shall then only be installed and brought into use in

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accordance with the agreed details and shall be retained in good working order
thereafter in accordance with best practices. No other plant, machinery or
process which results in emissions to atmosphere shall be permitted on the site
without prior written approval of the local planning authority.
Reason: To prevent annoyance and disturbance from odour emissions from the
premises, in accordance with policy DM2 of the Island Plan and the principles of
the NPPF.
40

Prior to the use of the hotel, caf, or business units commencing, and prior to
the occupation of the first residential unit a strategy setting out the means and
location of temporary storage of refuse on the site and the disposal of litter
associated with visitors to the site shall be submitted to the Local Planning
Authority for agreement in writing. Any required refuse areas or receptacles
shall be installed in accorded with the agreed details and shall be regularly
emptied and cleaned as necessary.
Reason: To prevent annoyance and disturbance from odour emissions from the
site in accordance with policy DM2 of the Island Plan and the principles of the
NPPF. .

41

Prior to the commencement of development, an updated phasing plan (based

upon the proposed site phasing plan (08) 030 Rev A06) shall be submitted to
the Local Planning Authority for agreement in writing. Prior to each phase of
development commencing, a detailed timetable for all works associated with
that phase shall be submitted to the Local Planning Authority.
Reason: To ensure that the approach to phasing of the development is
undertaken in an appropriate fashion to ensure that all required mitigation to
offset the impact of the development is provided and to ensure that the benefits
of the scheme are delivered, whilst respecting the character of the surrounding
area and its environmental sensitivity, and to comply with policies SP5 and DM2
of the Island Plan.

42

Prior to first use of the hotel, a comprehensive Travel Plan (based upon
sustainable transport principles to encourage travel to the site by sustainable
methods) for the hotel and business units, shall be submitted to the Local
Planning Authority for agreement in writing. The Plan shall include details of
measures to reduce reliance on the private car for access to the hotel and
business units along with ongoing mechanisms in relation to surveys and
monitoring. The agreed Travel Plan shall then be operated and maintained at all
times when the hotel and business units are in use.
Reason: To encourage methods of sustainable transport and in order to
minimise car journeys and reliance on the private car and in accordance with
policy DM17 (Sustainable Travel) of the Island Plan Core Strategy.

43

Prior to the commencement of any of the residential units, a detailed

specification for the proposed play spaces (as shown on the approved plans)
shall be submitted to the Local Planning Authority for agreement in writing. The

121

play spaces shall be installed/created in accordance with the agreed details

prior to the 10th residential unit being occupied. These spaces shall thereafter
be retained and maintained in accordance with the agreed details.
Reason: In order to ensure that there are sufficient areas within the
development for childrens recreation, in the interests of the amenities of future
occupants of the development and to comply with policy DM2 of the Island Plan.
44

Prior to the commencement of development of any of the residential units, full

details of a scheme of heritage interpretation measures (including location and
an outline of information to be provided along with a programme for
implementation) shall be submitted to the Local Planning Authority for
agreement in writing. The interpretation measures shall be provided in
accordance with the agreed details and programme for implementation and
thereafter retained.
Reason: In order to ensure that heritage interpretation is provided as part of the
overall mitigation associated with the development in order to recognise the
historical importance of this site and its setting within the surrounding
landscape, in accordance with policies SP5, DM2, DM11 and DM12 of the
Island Plan and the principles of the NPPF.

45

Prior to the commencement of development of any of the residential units,

details of commemorative statue/plaque/feature in relation to Saunders Roe
Flying Boats previously constructed at the site shall be submitted to the Local
Planning Authority for agreement in writing. Details to be approved shall include
a programme of implementation. This feature shall be installed in accordance
with the agreed details and retained thereafter.
Reason: In order to ensure that heritage interpretation is provided as part of the
overall mitigation associated with the development in order to recognise the
historical importance of this site and its setting within the surrounding
landscape,. In accordance with policies SP5, DM2, DM11 and DM12 of the
Island Plan and the principles of the NPPF.

46

Prior to the commencement of development of any of the residential units, full

details of the proposed ecological interpretation measures (including location
and an outline of information to be provided along with a programme for
implementation) shall be submitted to the Local Planning Authority for
agreement in writing. The interpretation measures shall be provided in
accordance with the agreed details and thereafter retained.
Reason: In order to ensure that this part of the ecological mitigation is
delivered, to comply with policies SP5, DM2 and DM12 of the Island Plan and
the principles of the NPPF.

47

The bird-hide hereby permitted shall be provided and made available for access
to all users of the development hereby permitted prior to the occupation of the
first residential unit unless otherwise agreed in writing by the Local Planning
Authority. The bird-hide shall thereafter be retained and be available for access

122

by all users of the site in accordance with a management strategy to be

submitted to and agreed in writing by the Local Planning Authority.
Reason: In order to ensure that this part of the ecological mitigation is delivered
and retained, to comply with policies SP5, DM2 and DM12 of the Island Plan
and the principles of the NPPF.
48

The pier and launch control facility hereby permitted shall be installed prior to
the first use of the pier hereby permitted. Prior to the first use of either facility
details of an operation and management plan relating to these elements
(including provisions to restrict access between the 1st October and 31st March
each year) shall be submitted to the Local Planning Authority for agreement in
writing. The pier shall only be operated in accordance with the agreed details
thereafter
.
Reason: In order to ensure that the pier control facility is provided which forms
of the ecological mitigation and forming part of the visitor facilities at the site, is
delivered and retained, to comply with policies SP5, DM2 and DM12 of the
Island Plan and the principles of the NPPF.

49

The river-users facilities (including boathouse) hereby permitted shall be

installed prior to the first use of the hotel hereby permitted. Prior to first use
details of an access, operation and management plan shall be submitted to the
Local Planning Authority for agreement in writing. The facilities shall be retained
and operated in accordance with the agreed details thereafter.
Reason: In order to ensure that the river users facilities are provided which
form part of the visitor facilities at the site, to comply with policies SP5, DM2 and
DM12 of the Island Plan and the principles of the NPPF.

50

Notwithstanding the details shown on the approved plans and application forms,
no construction of the hotel, apartment block, residential units or any other
buildings shall take place until a sample board/palette of all materials and
finishes to be used in the construction of all external surfaces for that building
hereby permitted 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: In the interests of ensuring the high quality of the design solution
proposed and the amenities of the area and to comply with policy DM2 (Design
Quality) of the Island Plan Core Strategy.

51

The business units hereby permitted shall only be used for B1 (Office) uses only
and for no other purpose (including any other provision equivalent to that class
of the Schedule of the Town and Country Planning (Use Classes) Order 1987,
or in any provision equivalent to that Class in any statutory instrument revoking
and re-enacting that Order with or without modification), unless otherwise
agreed in writing by the Local Planning Authority.
Reason: In order to ensure that the employment use of the business units
would not adversely impact upon the quality or amenity of the development

123

(including the hotel) or the amenities of surrounding uses, and to comply with
policy DM2 of the Island Plan.
52

Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) Order 2015 (or any Order revoking and re-enacting
that Order with or without modification), no development within Class E of Part 1
or Class A of Part 2 of Schedule 2 to that Order shall be carried out unless
otherwise agreed in writing by the Local Planning Authority.
Reason: In order to ensure that the communal garden arrangements are
retained, and to prevent sub-division of these areas through the erection of
individual boundary treatments/enclosures and structures which would not
normally require permission, in the interests of the amenities of the
development and its ecological sensitivity, and to comply with policies DM2 and
DM12 of the Island Plan.

124

450500E

450000E

Scale 1:10000

450500E

450000E

451500E

451500E

P/00102/14 - TCP/01419/U
Folly Works, Folly Lane, East Cowes, PO32

451000E

451000E

452000E

452000E

452500E

452500E

93000N

93500N

93000N

92500N

93500N
92500N

125

03

Reference Number: P/01604/13 - TCP/31727

Parish/Name: Newport - Ward/Name: Carisbrooke
Registration Date: 31/03/2015 - Full Planning Permission
Officer: Russell Chick Tel: (01983) 823552
Applicant: Mrs L Pickard
Proposed construction of 22 dwellings with parking, landscaping,
vehicular access and provision of link to cycle path(Revised layout,
additional information relating to site drainage and flood risk and revised
information relating to ecology) Revised plans relating to the layout and
bedroom numbers for proposed houses, additional information relating to
ecology and flood risk, details of surface water drainage (further
readvertised application)
land adjacent to 70 and rear of 97 to 103, Alvington Manor View, Newport,
Isle of Wight
The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This planning application raises issues of significant local concern relating to highway
matters and therefore, in line with the Councils Constitution, Officers have referred this
application for Committee consideration.

MAIN CONSIDERATIONS

Principle of the proposed development

Whether the design and appearance of the development would be acceptable in
relation to the character and appearance of the surrounding area
Impact on surrounding properties
Ecology and trees
Highway considerations
Flooding and drainage issues
Other matters

1.

Details of Application

1.1.

Full planning consent is sought to construct twenty two dwellings on an area

of land adjacent to existing housing to the west of Gunville. The submitted
plans show that the development would comprise terraces and pairs of two
storey houses arranged around a semi-circular access road that would
connect to the western end of Alvington Manor View.

1.2

The proposed development would comprise two terraces of three houses and
eight semi-detached houses. All houses would comprise two bedrooms and

126

eight would be reserved for affordable housing (35%). The proposed houses
would have a simple appearance, comprising balanced fenestration, a mix of
flat roofed and gabled porches and gabled roofs.
1.3

Three variations of the proposed housing have been provided (types B, C

and D). The differences between the house types relate to the footprint and
arrangement of internal accommodation so that accommodation is slightly
larger for house types C and D. The dimensions for the proposed housing
would be as follows:
Type B semi detached 10m in width, 9.3m in depth, 4.8m in height to eaves
and 7.4m in height to the ridge of the roof.
Type B terraced 14.9m in width, 9.3m in depth, 4.8m in height to eaves and
7.4m in height to the ridge of the roof.
Type C 10m in width, 10.2m in depth, 4.8m in height to eaves level and
7.6m in height to the ridge of the roof.
Type D 10m in width, 9m in depth, 4.8m in height to eaves level and 7.4m
in height to the ridge of the roof.
Each of the houses would comprise a kitchen and an open plan dining and
living area at ground floor level with two bedrooms and a bath room at first
floor level. Each house would comprise generous rear gardens and one
parking space.

2.

Location and Site Characteristics

2.1

The application site is located immediately to the west of Alvington Manor

View, a 1980s housing estate to the west of Gunville Road. The landscape to
the north and west of the site is characterised by open farmland while to the
south and east are the established residential areas of Gunville and
Carisbrooke. The landscape to the south of the site is elevated and forms the
slopes of the chalk Downs that run between Carisbrooke and Freshwater.
Directly to the south is a large pond that is used as a fishing lake.

2.2

The application site extends to an area of 0.7 hectares and is formed by a

triangular field that is enclosed by scrubby hedgerows and areas of
woodland. The northern boundary of the site is formed by a high tree lined
embankment. Access to the site is via an informal field gate within the north
eastern corner and that leads onto Alvington Manor View.

2.3

The closest houses to the site are numbers 70 and 103 to 106 Alvington
Manor View. The side elevation of number 70 adjoins the north east corner of
the site while numbers 103 to 106 back onto the eastern boundary so that
their rear windows overlook the site.

127

3.

Relevant History

3.1.

This site has not been the subject of previous planning applications.

4.

Development Plan Policy

National Planning Policy

4.1.

National Planning Policy Framework (NPPF) constitutes guidance for local

planning authorities and decision-takers both in drawing up plans and as a
material consideration on determining applications. At the heart of the NPPF
is a presumption in favour of sustainable development.

4.2

The NPPF sets out three roles (economic, social and environmental) that
should be performed by the planning system. The Framework states that
pursuing sustainable development involves seeking positive improvements in
the quality of the built, natural and historic environment, as well as in peoples
quality of life, including (but not limited to):

moving from a net loss of bio-diversity to achieving net gains for nature
replacing poor design with better design
improving the conditions in which people live, work, travel and take
leisure and
widening the choice of high quality homes

4.3

Local Planning Policy

4.4

The Island Plan Core Strategy identifies the application site as being located
adjacent to the defined settlement boundary and within the Medina Valley Key
Regeneration Area. The site is not designated for any other reason but is
within 5.6km of the Solent and Southampton Water Special Protection Area
(SPA). The following policies are relevant to this application:

SP1 - Spatial Strategy Supports development on appropriate land within

or immediately adjacent the defined settlement boundaries of the Key
Regeneration Areas, Smaller Regeneration Areas and Rural Service
Centres.

SP2 - Housing Sets out the requirement for an average of 520 new
dwellings per year, and sets out a distribution for the delivery of new
housing on the Island, including the provision of 1350 new dwellings
within the Medina Valley over the period 2011 2027.

SP5 - Environment Offers support for proposals that protect, conserve

and/ or enhance the Islands natural and historic environments, and to
protect the integrity of international, national and local designations.

SP7 - Travel - Offers support for proposals that increase travel

opportunities and provide alternative means of travel to the car.

128

Development proposals should not negatively impact on the Islands

strategic road network, or the capacity of lower level roads to support the
proposed development.

DM2 - Design Quality for New Development Gives support to proposals

for high quality and inclusive design to protect, conserve and enhance the
existing environment whilst allowing change to take place. The policy
states that relevant information relating to the site size, location and
context is required and that proposals will be expected to provide an
attractive, functional and adaptable built environment, optimise the
potential of the site taking into account constraints, be appropriately
landscaped and compliment the surrounding area.

DM3 - Balanced Mix of Housing Supports proposals that provide an

appropriate mix of housing types and sizes, to create inclusive and
sustainable communities.

DM4 Locally Affordable Housing In this location the Council expects

that the development will provide 35% of the dwellings as on site
affordable housing. The target mix of 70% of affordable housing to be
social / affordable rented and 30% for intermediate tenures.

DM5 Housing for Older People Major development proposals will be

expected to deliver between 20 25% of the site as suitable for older
people.

DM11 Historic and Built Environment: states that the Council will
support proposals that positively conserve and enhance the special
character of the Islands historic and built environment.

DM12 Landscape, Seascape, Biodiversity and Geodiversity: States that

the Council will support proposals that conserve, enhance and promote
the landscape, seascape, biodiversity, and geological interest of the
Island. Development proposals will be expected to protect the integrity of
international, national and local designations relating to landscape,
seascape, biodiversity and geodiversity.

DM13 Green Infrastructure; Supports proposals that protect, enhance

and manage a diverse network of multi-functional green infrastructure
assets across the Island.

DM14 Flood Risk: States that the Council will expect development
proposals to reduce the overall local risk of flooding on the Island.

DM17 Sustainable Travel Supports proposals which increase travel

choice and reduce the reliance on the private car.

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5.

Consultee and Third Party Comments

Internal Consultees

5.1

The Councils Ecology Officer has confirmed that the site is not designated for
ecology reasons and that the area of development is of little ecological value.
However, the Ecology Officer has advised that the tree lined boundaries and
area of wet grassland within the peripheral areas of the site are important for
wildlife, providing corridors between areas of woodland. The Ecology Officer
has confirmed agreement with the findings of the applicants ecology survey
and has advised that its recommendations should be secured by condition.

5.2

The Councils Tree Officer has confirmed that there are high amenity trees
surrounding the site but that there are no high amenity trees within the area of
development. The Officer has recommended that protective fencing should be
erected around trees during construction and that once completed, gardens
should be enclosed with substantial fencing to prevent gardens from being
extended into the wooded areas.

5.3

The Councils Environmental Health Officer has advised that the site should be
investigated for potential contamination given that it is within the footprint of a
former brickworks. As a result, the Officer has recommended that a standard
land contamination condition is imposed.
External Consultees

5.4

The Highway Engineer from Island Roads on behalf of the Highway Authority
advised that the junction between Alvington Manor View and Gunville Road
comprises the required visibility splays and that Alvington Manor View is of
sufficient width to allow two vehicles to pass. The Highway Engineer noted the
parked nature of the area but advised that due to lay-bys there exists
adequate space for vehicles to wait when obstructed so to allow oncoming
vehicles to pass. The Highway Engineer advised that the proposed new
access road, turning head, footpaths and parking spaces would meet design
standards. The Highway Engineer concluded that the proposed development
would not result in capacity issues for the highway network.

5.5

The Environment
development.

5.6

Natural England confirmed no objection to the proposed development. Natural

England noted that the site is located within 5.6km of the SPA and advised
that a contribution towards the Solent Disturbance Mitigation Project should be
provided in order to prevent a significant effect.

Agency

confirmed

no

objection

to

the

proposed

Parish/Town Council Comments

5.7

Newport Parish Council concluded that there was no sustainable objection to

the proposed development in terms of principle, given its location adjacent to

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the settlement boundary. The Parish Council considered the development to

be a modest extension to an existing residential area that would provide low
cost housing for the open market and affordable housing. The Parish Council
noted the drainage issues related to the site and stated that a sustainable and
workable solution for foul and surface water drainage should be provided. The
Parish Council has also requested that a condition survey of Alvington Manor
View is carried out, that traffic calming measures are introduced and that
childrens play space is provided. However, the Parish Council confirmed no
objection to the development, such to issues relating to ecology, drainage and
highway safety being satisfied.

Third Party Representations

5.8

The Council has advertised this application on three occasions due to the
receipt of revised plans and additional information. During the first consultation
the Council received 37 letters of objection, nine during the second
consultation and fifteen during the final consultation. The objections included
comments that can be summarised as follows:

No further housing should be approved until Gunville has a school, more

shops and a playground
The development would be ugly, overbearing and out of proportion with
existing housing and be an example of urban sprawl
Overdevelopment
Overshadowing and overlooking/ visual impact to local residents
There are other derelict sites that could be used for housing
A housing needs survey should be provided
Alternative uses should be considered
The site is beyond the building line and would set a precedent for further
housing in the area
Traffic fumes
Loss of the countryside
There should be a heritage report
No evidence of pre-application consultation
Inadequate capacity within the highway network
Impact of construction traffic
Impact of traffic on Alvington Manor View/ safety of children
The former railway embankment should be protected for future use
Inadequate capacity with the public sewer for foul and surface water
Local flooding issues
Loss of habitat and impact on wildlife/ protected species
The area needs childrens play space
How would the open space in the site be managed
There should be a careful assessment of the impact on the wider
community

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6.

Evaluation
Principle

6.1

The Island Plan Core Strategy seeks to restrict new residential development in
rural areas so that new development is directed to the most sustainable
locations on the Island and that benefit from proximity to existing services and
facilities. As a result, the Core Strategy requires new development to take
place within the defined settlement boundaries of the Key Regeneration Areas
in order to direct development to the most sustainable locations. Policy SP1
(Spatial Strategy) of the Core Strategy sets a hierarchy of settlements
beginning with three key regeneration areas (The Medina Valley, Ryde and
the Bay), then two smaller regeneration areas (Freshwater and Ventnor) and
finally a further eleven rural service centres within which new development will
be expected to be directed.

6.2

The application site is located within the settlement boundary for Newport,
which falls within the Medina Valley Key Regeneration Area. Therefore, in
accordance with policy SP1 of the Island Plan the broad principle of
development is deemed to be acceptable. Policy SP2 sets out the requirement
for delivery of new housing, and identifies the need for the provision of at least
1350 new dwellings within the Medina Valley over the plan period and it is
considered that this proposal would help to meet that identified need. As a
result, provided that the mix of housing is justified and subject to the remaining
considerations set out within the remainder of this justification, the proposal is
considered to be acceptable in principle.
Mix of housing and affordable housing provision

6.3

Policy DM3 (Balanced Mix of Housing) states that proposals will be expected
to reflect the most up-to-date Strategic Housing Market Assessment (SHMA),
contribute to meeting the identified housing need for the local area and
contribute to meeting specialist housing requirements. It also outlines that the
final mix will be negotiated with the developer. Due regard must also be given
to the requirements of policies DM4 (Affordable Housing).

6.4

The submitted plans show that all of the proposed housing would include two
bedrooms. The latest SHMA was published in August 2014 and follows the
NPPG in that it looks at future population growth over the plan-period based
on demographic change. The SHMA broadly confirms that the Island Plans
current position in respect of the overall level of housing delivery required on
an annual basis (520 dwellings) as set out in policy SP2 and that this is
broadly reflective of the current and future trends of the housing market on the
Island. The SHMA also states that whilst the focus should be for smaller
(2/3-bed properties) within both market and affordable housing to meet a wide
and flexible need (ie new households, young families, downsizers etc), there
should be a reasonable degree of flexibility to ensure that, in applying mix to
individual development sites, appropriate regard can be given to the nature of
the development site, the character and existing housing stock of the area as
well as the most up-to-date evidence of need/demand.

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6.5

The SHMA predicts that approximately 39 per cent of new affordable housing
delivered between 2011 and 2036 should include two bedrooms with the
corresponding proportion for open market dwellings predicted to be 44 per
cent. The SHMA predicts that for Newport, 44 per cent of dwellings should
comprise two bedrooms. This conclusion reflects the data contained within the
Councils 2013 Housing Mismatch Report, which show that there is a 7 per
cent under provision of two bedroom houses within the Newport area.

6.6

While the Councils policies advocate a mix of housing types and sizes, the
applicants information demonstrates that there is a demand for two-bedroom
housing within this area of Newport. The applicants have worked closely with a
local social housing provider who has confirmed that there is a need for
smaller, two bedroom houses within this area of Newport. The Councils
Principal Officer (Housing Policy) has advised that the mix of housing
proposed by the applicants is consistent with the mix and types of dwellings in
the locality and that it would achieve a suitable mix of housing in accordance
with policy DM3. As a result, it is considered that the mix of housing has been
justified.

6.7

Policy DM4 of the Island Plan Core Strategy states that 35 per of housing for
developments located within the Key Regeneration Areas and that comprise
fifteen or more dwellings should be affordable. In this case, eight of the
proposed twenty-two houses would be affordable. As a result 36 per cent of
the development would be allocated as affordable housing, therefore
conforming with the requirements of policy DM4. In conclusion, it is considered
that this development would deliver a suitable mix of housing within a
sustainable location and provide a valuable level of affordable housing that
would be secured via a legal agreement between the applicants and the
council.
Whether the design and appearance of the development would be acceptable
in relation to the character and appearance of the surrounding area

6.8

The application site is located within an area of countryside that is directly

adjacent to Alvington Manor View, a densely laid out area of modern housing.
The houses within the immediate area date from the early 1980s and are laid
out in staggered terraces and pairs of semi-detached dwellings. The houses
have a simple and repetitive appearance although the areas of open space
surrounding them do soften the appearance of the area.

6.9

The proposed housing would be laid out in a more spacious manner, with
larger gardens and areas of open space that would allow a transition between
the densely laid out estate to the east and the countryside to the west. It is
considered that the design of the proposed houses would be acceptable and
in keeping with the character of the area. Elevations would be well arranged,
with balanced fenestration and a suitable ratio of openings to brickwork. In
addition, the provision of different styles of porch would provide some variation
within the street scene and it is considered that well landscaped open spaces
and front gardens would assist in providing an attractive development that

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would blend with its rural backdrop. It should be noted that a detailed
landscaping scheme could be agreed via condition.
6.10

The application site is located on the western edge of Gunville and as a result,
backs onto the countryside to the west of Carisbrooke. While the development
would result in the provision of additional housing, it is considered that the
landscape and visual impact would be limited. The Officer site inspection
showed that the application site occupies a depression within the landscape
that slopes to the north of Calbourne Road. As a result, the site is not
prominent within the wider area and instead, blends into the existing housing
to the north and west.

6.11

The north and western boundaries of the site are aligned by a small copse and
this assists in screening the development from the open countryside that
surrounds Alvington Manor Farm. While the south western corner of the site is
open, there is a line of trees further west that prevent the site from being
visible from the footpath that proceeds west from Alvington Road. Moreover,
the trees that align the southern boundary of the site would prevent the
development from being readily visible from houses to south.

6.12

Views of the site would be possible from the elevated areas of landscape to
the south of the site and in particular, from Calbourne Road and the houses
that align the northern side of the highway. However, the Officer site
inspection showed that from Calbourne Road the development would be
partially screened by trees and hedges therefore restricting views to dappled
and interrupted glimpses. Moreover, from the properties that align the
highway, the visual impact of the development would be limited given
separation distances and the already complex vistas of the housing that
surrounds the western periphery of Gunville. As a result. It is considered that
the design and density of the development would be appropriate and that its
landscape and visual impact would be minor. Therefore, the proposal is
considered to comply with the requirements of policies DM2 and DM12 of the
Island Plan Core Strategy.
Impact on surrounding properties

6.13

The submitted plans show that the proposed housing would be located west of
existing housing within Alvington Manor View. As a result, consideration must
be given to the potential for loss of privacy, overshadowing and loss of
outlook.

6.14

The proposed development is laid out so that the majority of housing would be
situated away from the existing houses to the east. Numbers 103 to 106
Alvington Manor View would lie parallel to a terrace of three proposed houses
but the submitted plans show that a separation distance of 14m would be
provided and it is considered that this would prevent a loss of privacy and
outlook and replicate the layout and impacts of existing housing within the
area. A pair of dwellings would be located adjacent to number 70 Alvington
Manor View; however these would align the side elevation of this property and
therefore, have no impact on principal windows.

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6.15

The proposed access to the site would adjoin the western end of Alvington
Manor View and as a result, traffic would pass existing properties. While high
levels of traffic could result in a loss of amenity due to noise and disruption, it
is considered that the level of traffic movements associated with the proposed
development would be minor and merely reflect the existing situation within
Alvington Manor View.

6.16

As a result, it is considered that the proposed development would have a

minor impact on existing houses within the locality and result in impacts that
would be typical of an existing residential area.
Ecology and trees

6.17

The application site is not designated for biodiversity reason and is not within
close proximity to any designated habitats. The site has recently been cleared
and therefore, has little ecological value. However, the site is surrounded by a
thick belt of trees and there is an area of woodland to the north west.

6.18

The applicants have undertaken a detailed ecology survey in order to confirm

whether the site includes any protected species or habitats that should be
retained. The survey confirmed that the site is of little biodiversity value but
that the surrounding hedgerows and trees provide a valuable ecological
corridor between areas of woodland, that an area of wet grassland within the
south of the site should be retained and not be used for garden areas and that
there are badger tracks in certain areas of the site that should be protected
(these are not within the area of development).

6.19

The Councils Ecology Officer has confirmed that the site is not the subject of
any statutory or non-statutory sites and that the area of greatest ecological
value is the area of wet grassland within the southern corner of the site as well
as the hedgerows and trees that form wildlife corridors. The Ecology Officer
has noted that the proposed garden boundaries would be drawn back from the
wildlife corridors and grassland and that this would allow habitat to remain
undisturbed. As a result, the Ecology Officer has concluded that the
development would not compromise the wildlife value of the site and has
advised that a condition should be imposed to require the recommendations
within the applicants ecology survey to be carried out.

6.20

It is noted that the application site is currently of low wildlife value. However, it
is considered that the application provides an opportunity to formally protect
the existing wet grassland and wildlife corridors. This would allow an
enhancement and therefore, comply with the requirements of policy DM12 of
the Island Plan Core Strategy.

6.21

The site is located within the 5.6km of the Solent and Southampton Waters
SPA/ Ramsar site. This area is important habitat for a range of wildfowl, which
use areas such as the Medina Estuary for shelter and feeding during the
winter. However, evidence shows that recreational activity on designated
areas (and supporting habitats) can cause disturbance to wildfowl and
therefore have an adverse impact on bird populations.

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6.22

To mitigate for such impacts, Natural England and a range of other bodies
including the Council have devised a means of mitigation known as the Solent
Disturbance Mitigation Project (SDMP). The project would provide the
following elements:

a project officer to oversee and co-ordinate across the Special Protection

Areas and to oversee the rangers
a team of rangers who will work on the ground at European sites to
reduce disturbance levels and initiate specific measures at the sites to
reduce disturbance levels
a Coastal Dog Project; and
a monitoring scheme

6.23

The Councils Supplementary Planning Document relating to the SDMP states

that Developments of one or more dwellings will be required to provide
financial contributions of 172 per dwelling towards the SDMP in order to
prevent additional disturbance to the SPA/ Ramsar site. The applicants have
provided draft Heads of Terms for a legal agreement that would secure the
required level of funding and therefore, the development is considered to
comply with the requirements of the Councils Supplementary Planning
Document.

6.24

With respect to trees, the application site is surrounded by a number of high

amenity trees that contribute to the character of the area and provide wildlife
habitat. There are no high amenity trees within the area of development. The
Council Tree Officer has recommended that protective fencing should be
erected around trees during construction and that once completed, gardens
should be enclosed with substantial fencing to prevent gardens from being
extended into the wooded areas. This is considered to be reasonable given
that the nearby woodland provides important habitat for a range of species.
Highway Considerations

6.25

The application site would comprise a semi-circular access road that would
lead from the western end of Alvington Manor View. The access road would
measure 4.8m in width and include a wide turning head.

6.26

The Island Roads Highway Engineer has advised that the proposed access
road and turning head would meet design standards. The proposed road
would be of sufficient width to allow two vehicles to pass while the turning
head would allow vehicles to enter, turn and leave the site safely in forward
gear. In addition, the proposed parking spaces would measure 2.4m in width
and 4.8m in depth, therefore meeting design standards.

6.27

In addition, the existing junction between Alvington Manor Road and Gunville
Road would be suitable to serve both the existing housing and the proposed
development. Gunville Road is classified and vehicle speeds are restricted to
30 mph. As a result, visibility splays should measure 43m in either direction at
a point set 2.4m back from the highway. The Highway Engineer has confirmed

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that the junction comprises splays that exceed these requirements and as a
result, it is considered to be suitable.
6.28

In circumstances where a development may result in a significant increase in

traffic movements about a junction, it may be suitable for a right hand turn lane
to be provided in order to prevent congestion and to preserve the free flow of
traffic. However, right hand turn lanes are generally only justified where daily
traffic movements within the principal highway exceed 13,000 and where the
development is likely to result in a significant increase in traffic movements
about the junction.

6.29

The Highway Engineer has advised that traffic flows on Gunville Road are
approximately 6,500 per day and therefore well below the threshold that would
justify the provision of a right hand turn lane. The houses within Alvington
Manor View currently generate in the region of 368 to 552 two way
movements per day. The additional houses would result in the number of
movements increasing to 456 to 684 daily two way movements. The Highway
Engineer has advised that the junctions that serve nearby Spring Walk (95
houses) and Broadwood Lane (144 houses and a Church) result in a similar
situation. However, there is no recorded evidence to suggest that these
existing junctions result in safety issues (rear end shunts or collisions) and the
Highway Engineer has confirmed that the junction between Alvington Manor
View and Gunville Road comprises the required visibility so that vehicle users
can see and be seen in adequate time about the junction. As a result, there is
no justification for a right hand turn lane as a result of this development.

6.30

Several members of the public and the Parish Council have raised concerns
that traffic generated by the proposed housing could prejudice highway safety
within Alvington Manor View. The Officer site inspection showed that on-street
parking does limit the width of the highway. However, as stated above,
sufficient space does remain for vehicle users to wait and pass one another. In
addition, the presence of parked vehicles assists in lowering vehicle speeds.

6.31

There are 92 existing properties within Alvington Manor View and these would
be likely to generate 368 to 552 two way movements per day. The 22
proposed dwellings are likely to generate an additional 88 to 132 vehicle
movements per day which when spread over daytime hours, would not result
in a significant increase in traffic movements within Alvington Manor View. As
a result, it is considered that the proposed development would not
compromise the safety of residents or highway users or justify traffic calming
measures.

6.32

In conclusion, it is considered that the proposed on-site access, parking and

turning facilities would meet design standards and that existing junctions and
connecting roads would be suitable to serve the proposed development.
Therefore, it is considered that the proposed development would comply with
the requirements of policy DM2 and SP7 of the Island Plan Core Strategy.

6.33

Officers note that the area surrounding the southern section of Gunville lacks a
formalised pedestrian crossing point. The majority of housing within Gunville is

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located on the western side of the principal highway and yet apart from one
local shop, all other services and facilities are located on the eastern side of
the highway. Because Gunville Road is a busy highway, it is considered that in
the interests of highway safety a formalised pedestrian crossing should be
provided and Officers note that further residential development in this area
would result in greater pressure for such a facility.
6.34

While a project is not formally drawn up, it is considered that an appropriate

location and design for a crossing would be agreed by Officers and Island
Roads. Initial designs and estimated costs have been provided by Island
Roads and Officers have negotiated a planning contribution based on the cost
of such a facility and the amount of proposed and potential future housing
within the area. The applicants have agreed to enter into a legal agreement
with the Council in order to secure a contribution of 250 per dwelling towards
the crossing point.

6.35

In addition, the application site aligns the former Newport to Freshwater

railway line. Policy DM17 of the Island Plan states that the Council seeks to
retain former railway lines for future sustainable transport use. The application
site marks the beginning of the rural section of the former railway line west of
Newport and so provides an opportunity to access the railway embankment.
Officers opinion is that this development has the potential to deliver a valuable
contribution to the public footpath/ cycle network and a means to delivering
sustainable means of transport for the Island. The applicants have confirmed
that space would be provided between two of the dwellings to allow future
access to the embankment and that submitted plans show that the pedestrian
pavement close to the access point would be widened so that it could form a
multi-use surface in the future. This is considered to be a considerable benefit
to the public footpath network and a means of delivering wider sustainability
benefits.

6.36

The submitted plans show that a total of 22 parking spaces would be provided
for each dwelling. Given the sustainable location of the site, this level of
parking is considered to be acceptable. In addition, all parking spaces would
be off of the proposed access road and this would prevent issues of
congestion.
Flooding and drainage

6.37

The application site is not located within an area that is prone to tidal or fluvial
flooding and as a result, falls within flood zone 1. Nevertheless, there are
localised surface water issues that result in some instances of localised
flooding. The application site is located within close proximity to a fishing lake
(Gunville Pond) and it is noted that in high rainfall this has the potential to
over-top and cause flooding to nearby properties. That issue is not within the
applicants control and so the management of the pond is not a material
consideration.

6.38

However, the management of surface water within the site is a material

planning consideration and so it is important that suitable infrastructure can be

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provided to ensure that the development is drained satisfactorily. Southern

Water has confirmed that the public sewer network has capacity to accept foul
drainage. However, surface water flows can cause capacity issues within the
network.
6.39

It should be noted that a large proportion of the site would remain

undeveloped and retain either garden areas or wildlife space. These areas
would allow a good proportion of surface water to drain naturally. However,
hard surfaces such as roads, paths and driveways can accelerate run-off and
lead to flooding issues. Discussions with the Councils Building Control Team
have confirmed that the site would not be suitable for Sustainable Urban
Drainage Systems (SUDS) due to soil structure and as a result, the applicants
have proposed to provide a drainage network throughout the site that would
direct water to the public sewer network.

6.40

To eliminate capacity issues, the applicants propose to install an attenuation

tank within the site. During periods of high rainfall, water would drain into and
be stored within the tank in order to prevent excessive flows into the public
sewer system. Water would then drain from the tank at a reduced rate,
therefore avoiding capacity issues.
Other matters

6.41

A member of the public has stated that the planning application should have
been supported by a heritage report due to the former use of the land as a
brick works. Officers note that the brick works occupied a significant area of
land close to Gunville Bridge. However the area has been largely redeveloped
with housing and none of the buildings associated with the works remain. The
site is not considered to be of archaeological or heritage value and therefore it
is considered that this issue is not a material consideration.

6.42

In addition, concerns have been raised in respect of traffic fumes. It should be

noted that air quality areas generally relate to industrial sites or locations
where traffic congestion and associated vehicle fumes are a regular issue. In
this case, the application site is located close to an urban area while the
nearby public highway is not regularly congested or subject to high levels of
traffic. The site is also away from any industrial development. When related to
traffic generation, issues of air quality may arise where a development could
result in an increase of traffic exceeding 10 per cent of existing traffic flows.
However, given the amount housing proposed, the level of traffic associated
with the public highway and the semi-rural nature of the area it is considered
that the development would not result in air quality issues.

7.

Conclusion

7.1

The application site is located within the Medina Valley Key Regeneration Area
and adjacent to the defined settlement boundary for Newport. It is considered
that the application site is within a sustainable location for new housing
development and therefore, the development is considered to be in
accordance with the requirements of policies SP1 and SP2 of the Island Plan

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Core Strategy. In addition, it is considered that the proposed housing would

provide a suitable level of accommodation and that an acceptable level of
on-site affordable housing would be provided.
7.2

It is considered that the proposed housing would have an acceptable impact

on the character of the area. The site is not considered to be prominent and
the housing would be laid out in a spacious, low density manner that would
allow a transition between the housing within Alvington Manor View and the
countryside to the west. Furthermore, suitable landscaping would screen the
development from key vantage points. In addition, it is considered that the
design of the proposed housing would be acceptable.

7.3

Officers consider that the development would not compromise the living
standards of occupants of nearby properties, given the separation distances
between properties, landscaping and the nature of the proposed development.
Furthermore, it is considered that the impact of the development upon ecology
would be minor and that any identified impacts would be mitigated in an
acceptable manner.

7.4

The Island Roads Highway Engineer has confirmed that the proposed means
of access would be in accordance with the relevant highway design guidance.
In addition, the proposed onsite access roads and parking arrangements
would allow vehicles to enter, park and exit the site in a safe manner. It is
considered that a suitable level of onsite parking would be provided to cater for
the proposed development and that the level of traffic generated would not
compromise the wider highway network.

7.5

It is considered that a suitable means of drainage for both foul and surface
water from the development could be provided, subject to detailed designs that
could be agreed via planning conditions and in consultation with Southern
Water.

7.6

Having regard to the above and having taken into account all relevant material
considerations, Officers conclude that the proposed development is in full
conformity with the provisions of the development plan.

8.

Recommendation
Conditional permission subject to a legal agreement relating to affordable
housing, contributions towards SPA mitigation measures and contributions
towards the provision of a pedestrian crossing within Gunville Road.

9.

Statement of pro-active working

9.1

In accordance with paragraphs 186 and 187 of the NPPF, the Isle of Wight
Council take a positive and approach to development proposals focused on
solutions to secure sustainable developments that improve the economic,
social and environmental conditions of the area in the following way:

The IWC offers a pre application advice service.

140

Updates applicants/agents of any issues that may arise in the processing

of their application and suggest solutions where possible.

In this instance;

The applicant was provided with pre-application advice.

The applicant was updated with progress of the application.
Further information was sought from the applicant to clarify issues raised
during the consultation process relating to the layout of the development,
vehicular and pedestrian access, ecology and site drainage.

It is considered that the additional information clarified the impacts of the

above issues.
Conditions/Reasons:
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.

The development hereby permitted shall be carried out in complete accordance

with the details shown on the submitted plans, numbered below, except where
varied by any other conditions of this permission.
2013/11.85 March 2015
2013/11.86 March 2015
2013/11.87 March 2015
2013/11.88 March 2015
2013/11.89 March 2015
2013/11.90 March 2015
2013/11.91 March 2015
2013/11.92 March 2015
2013/11.93 March 2015
2013/11.94 March 2015
2013/11.95 March 2015
2013/11.96 March 2015
2013.11/99 March 2015
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.

No development shall take place until samples of the materials and finishes
including mortar colour, brick detailing, bargeboards, cladding and rainwater
goods to be used in the construction of the external surfaces of the development
hereby permitted have been submitted to and approved in writing by the Local
Planning Authority. Development shall be carried out in accordance with the
approved details.

141

Reason: In the interests of the amenities of the area and to comply with policy
DM2 (Design Quality for New Development) of the Island Plan Core Strategy.
4

No development shall take place until details have been submitted to and
approved in writing by the Local Planning Authority of the positions, design,
materials and type of boundary treatment and bin stores to be erected. The
boundary treatments and bin stores shall be completed before the development
hereby permitted is first brought into use. Development shall be carried out and
maintained in accordance with the approved details and retained thereafter.
Reason: In the interests of maintaining the amenity value of the area and to
comply with policy DM2 (Design Quality for New Development) of the Island
Plan Core Strategy.

No development shall take place until details of means of external lighting for the
development have been submitted to and agreed in writing by the Local
Planning Authority. Details shall include measures to minimise light pollution and
to prevent glare. Development shall be carried and maintained out in
accordance with the agreed details and be retained thereafter.
Reason: To protect the amenities of nearby residential properties, to prevent
light pollution from harming the character of the surrounding area and the
nearby nature reserve and to comply with the requirements of policies DM2
(Design Quality for New Development) and DM12 (Landscape, Seascape,
Biodiversity and Geodiversity) of the Island Plan Core Strategy.

No development shall take place until there has been submitted to and approved
in writing by the Local Planning Authority a scheme of soft landscaping. Soft
landscape works shall include planting plans; written specifications (including
cultivation and other operations associated with plant and grass establishment);
schedules of plants, noting species, plant sizes and proposed
numbers/densities. All plants shall be native species. All planting in the
approved details of landscaping shall be carried out in the first planting and
seeding seasons following the commencement of the approved development
and any trees or plants which within a period of 5 years from the
commencement of the development die, are removed or become seriously
damaged or diseased shall be replaced in the next planting season with others
of similar size and species, unless the Local Planning Authority gives written
consent to any variation.
Reason: To ensure the appearance of the development is satisfactory and to
comply with the requirements of policies SP5 (Environment), DM2 (Design
Quality for New Development) and DM12 (Landscape, Seascape, Biodiversity
and Geodiversity) of the Island Plan Core Strategy.

No development shall take place until samples of the materials to be used to

form the hard surface areas within the development site including any pathways,
vehicle access and turning areas shall be submitted in writing and approved by
the Local Planning Authority. Development shall be carried out in accordance
with the approved details.

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Reason: In the interests of the amenities of the area and to comply with policy
DM2 Design Quality for New Development of the Island Plan Core Strategy.
8

No development shall take place 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. The
approved scheme shall be completed before the occupation of the units hereby
permitted.
Reason: To ensure that the site is suitably drained, to protect ground water and
watercourses from pollution 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.

No development shall take place until a Management Plan including the

management responsibilities and maintenance schedules in respect the areas of
open space and the proposed wildlife corridor and wet grassland habitat has
been submitted to and approved in writing by the Local Planning Authority. The
approved management plan shall be adhered to thereafter.
Reason: To ensure that areas of open space and wildlife habitat are maintained
in a suitable manner and to comply with policy DM2 (Design Quality for New
Development) of the Island Plan Core Strategy.

10

No development shall take place until a Construction Environmental

Management Plan has been submitted to and approved in writing by the Local
Planning Authority. The Construction Environmental Management Plan shall
identify the steps and procedures that will be implemented to minimise the
creation and impact of noise, vibration and dust resulting from the site
preparation, groundwork and construction phases of the development and
manage Heavy Goods Vehicle (HGV) access to the site. Once approved, the
Construction Environmental Management Plan shall be adhered to at all times,
unless otherwise agreed in writing by the Local Planning Authority.
Reason: To prevent annoyance and disturbance to the occupants of existing
nearby properties during the construction phase of the development and to
comply with the requirements of policy DM2 (Design Quality for New
Development) of the Island Plan Core Strategy.

11

Development shall not begin until details of the design, surfacing and
construction of any new roads, footways, cycleways, accesses and car parking
areas, together with 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.
Reason: In the interests of highway safety and to comply with policy DM2
(Design Quality for New Development) of the Island Plan Core Strategy.

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12

Development shall not begin until details of the junction between the proposed
service road and Alvington Manor View have been submitted to and approved in
writing by the Local Planning Authority; and no dwelling shall be occupied until
that junction has been constructed in accordance with the approved details.
Reason: In the interests of highway safety and to comply with policy DM2
(Design Quality for New Development) of the Island Plan Core Strategy.

13

No development shall take place until details have been submitted to and
agreed in writing by the Local Planning Authority in respect of steps to prevent
material being deposited on the highway as a result of any operations on the site
in connection with the approved development. Such steps shall include the
installation and use of wheel cleaning facilities for vehicles connected to the
construction of the development. The agreed facilities shall be installed prior to
the commencement of development. Any deposit of material from the site on the
highway shall be removed as soon as practicable by the site operator.
Reason: In the interests of highway safety and to prevent mud and dust from
getting on the highway and to comply with policy DM2 Design Quality for New
Development of the Island Plan Core Strategy.

14

No dwelling hereby approved shall be occupied until space has been laid out
within the site in accordance with drawing number 2013/11.93 for cars to park
and for vehicles to turn so that they may enter and leave the highway 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 policies DM2
(Design Quality for new Development) and DM17 (Sustainable Travel) of the
Island Plan Core Strategy.

15

No part of the development hereby permitted shall commence until there has
been submitted to and approved in writing by the Local Planning Authority items
a) and b) below;
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
Contaminated Land Research report no 11and BS10175:2011+A1:2013;
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+A1:2013
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

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d)

decontamination and an appropriately qualified person shall oversee the

implementation of all remediation.
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.

Further to the above, the construction of buildings, including any associated

groundwork, shall not commence until such time as is approved by the Local
Planning Authority.
Reason: To protect the environment and prevent harm to human health by
ensuring that where necessary, the land is remediated to an appropriate
standard in order to comply with Part IIA of the Environmental Protection Act
1990.
16

No development shall take place until an Ecological Management Plan (set out
in accordance with the principles of the applicant's Ecological Survey) has been
submitted to and agreed in writing by the Local Planning Authority. The
information shall include details of management and maintenance of existing
hedgerows, trees, wildlife corridors and wet grassland habitat. Development
shall be carried out in accordance with the approved details and retained and
maintained thereafter.
Reason: In the interests of the ecological value and visual amenity of the area
and to comply with the requirements of policies SP5 (Environment), DM2
(Design Quality for New Development) and DM12 (Landscape, Seascape,
Biodiversity and Geodiversity) of the Island Plan Core Strategy.

17

Notwithstanding the details shown on the approved plans no development shall

take place until details of the route to be reserved for access to the former
railway embankment have been submitted to and agreed in writing by the Local
Planning Authority. The means of access shall be retained thereafter in
accordance with the agreed details.
Reason: To ensure access to the former railway line for future use as a public
right of way and to comply with the requirements of policy DM17 (Sustainable
Travel) of the Island Plan Core Strategy.

18

Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) Order 2015 (or any Order revoking and re-enacting that
Order with or without modification), no development within Classes A to F of
Part 1 of Schedule 2 to that Order shall be carried out other than that expressly
authorised by this permission.
Reason: To retain a reasonable rear
dwellings, to regulate design in relation
appearance of the surrounding area, to
properties, to prevent excessive surface

garden for each of the approved

to the development, to protect the
safeguard the amenities of nearby
run-off from hard standings and to

145

comply with the aims of policies SP5 (Environment), DM2 (Design Quality for
New Development) and DM11 (Historic and Built Environment) of the Island
Plan Core Strategy.
19

No development shall take place until an Arboreal Method Statement has been
submitted to and agreed in writing by the local planning authority detailing how
the potential impact to the trees will be minimized during construction works and
showing the positions of protective tree fencing as required by condition 20. The
agreed method statement will then be adhered to throughout the development of
the site.
Reason: To ensure that the high amenity trees to be retained are adequately
protected from damage to health and stability throughout the construction period
in the interests of the amenity in compliance with Policy DM12 (Landscape,
Seascape, Biodiversity and Geodiversity) of the Island Plan Core Strategy.

20

No development including site clearance shall commence on the site until trees
shown to be retained in this permission have been protected by fencing or other
agreed barrier, any fencing shall conform to the following specification:
Barrier shall consist of a scaffold framework as shown in figure 2 of BS 5837
(2012). Comprising of vertical and horizontal framework braced to resist impact,
with vertical tubes spaced at a maximum of 3 m intervals. Onto this weld mesh
panels are to be securely fixed. Such fencing or barrier shall be maintained
throughout the course of the works on the site, during which period the following
restrictions shall apply:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)

No placement or storage of material;

No placement or storage of fuels or chemicals.
No placement or storage of excavated soil.
No lighting of bonfires.
No physical damage to bark or branches.
No changes to natural ground drainage in the area.
No changes in ground levels.
No digging of trenches for services, drains or sewers.
Any trenches required in close proximity shall be hand dug ensuring all
major roots are left undamaged.

Reason: To ensure that the high amenity trees to be retained are adequately
protected from damage to health and stability throughout the construction period
in the interests of the amenity in compliance with Policy DM12 (Landscape,
Seascape, Biodiversity and Geodiversity) of the Island Plan Core Strategy.

146

Scale 1:5000

447500E

447500E

447250E

447250E

448000E

448000E

448250E

448250E

89000N

88750N

448500E

448500E

88500N

P/01604/13 - TCP/31727
land adjacent to 70 and rear of 97 to 103,
Alvington Manor View, Newport, PO30

447750E

447750E

88750N

88500N

89000N

147

04

Reference Number: P/00425/15 - TCP/01203/F

Parish/Name: Ventnor - Ward/Name: Ventnor West
Registration Date: 09/04/2015 - Full Planning Permission
Officer: Mike Gildersleeves Tel: (01983) 823552
Applicant: Island Free School
Demolition of buildings; proposed new secondary school with associated
landscaping, parking, fencing and hard and soft play areas (revised plans)
site of former St. Margarets Primary School and part of adjoining
industrial estate, Newport Road, Ventnor, Isle of Wight
The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This planning application has been referred to the Planning Committee for consideration
in line with the Councils Constitution since the application involves the development of
Council owned land.

MAIN CONSIDERATIONS

Principle of the replacement of the existing school

Matters relating to size, scale, design and impact on the character and appearance
of the area (including impact on the AONB)
Impact on neighbouring residential properties
Trees Highways considerations including access and parking

1.

Details of Application

1.1.

The application seeks full planning permission for the re-development of the
site to comprise a new 625-pupil, 5-form entry secondary school. Each year
group would comprise 5 classes of 25 pupils aged between 11 and 16.

1.2

The proposed arrangement would provide a new school site for the Island Free
School which is currently located in the former St Francis school in Leeson
Road, Ventnor. The application is supported by the Education Funding Agency
(EFA) and seeks to provide a purpose designed building to allow the Island
Free school to cater for the needs of current and future pupils.

1.3

The application proposes the demolition of all of the existing buildings within
the former St Margarets Primary school site, the integration of part of the
Lowtherville Industrial estate and demolition of two single storey employment
units. The existing school site is owned by the Diocese of Portsmouth and
together with the employment land owned by the Isle of Wight Council the total
site area is approximately 2.98acres.

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1.4

The proposed school would have a floor area of approximately 4928m,

accommodated within a series of 3 interlinking blocks which would each be of
two-storeys in height. This arrangement allows for the school to be located
within the centre of the site, and also address the significant change in levels
which occurs between the existing school site and the employment land to the
north. As a result of the proposed positioning the layout would provide for a
staff parking area and pick-up/drop-off facility to the front (adjacent to Newport
Road), with a Multi-Use Games Area (MUGA), playing fields, and amphitheatre
located to the rear.

1.5

The first of two principal accommodation blocks would be located on the

existing school site. This would measure 60m x 19m and would be located
across the footprint of the existing building. At ground floor, this would
comprise the main entrance, reception and back-office functions, along with
dining and kitchens, there would be 2 general classrooms and dedicated music
spaces. At first floor would be 9 classrooms along with staff facilities. This
would be a flat-roofed block behind a parapet with a maximum height of 8.7m.

1.6

Attached to the above block would be a link block which, although being two
storeys in height would principally comprise double-height spaces with
accommodation only at ground floor. This block would comprise part of the
dining facility, the school hall and circulation spaces to provide the link to the
rear block. This link would be 7m high from ground level.

1.7

The rear block would be 55.4m x 19.4m. This would comprise 4 large
classrooms for design disciplines along with 4 general classrooms and
changing facilities at ground floor level. At first floor there would be 4 large
classrooms for sciences along with 4 general classrooms and SEN facilities.
This block would be 8.7m high, again this block would be flat roofed.

1.8

A contemporary design solution is proposed to compliment the interlinked

layout, with a simple palette of timber, coloured render, and aluminium
windows and doors.. Rainwater goods would be internal to enable the simple
form of the building to be retained. The building has been designed to work
with the existing constraints and opportunities of the site, whilst allowing all of
the teaching spaces to achieve the required standards in terms of size of
classrooms and levels of accommodation along with access to ventilation and
natural light. It is identified that the proposed building would be likely to achieve
BREEAM Very Good.

1.9

Both pedestrian and vehicular access to the site would be provided by a new
entrance arrangement from Newport Road. A total of 60 car parking spaces
would be provided within the site for staff parking. It is proposed that the car
park would also function as a pick-up/drop-off facility for minibuses which are
operated by the school. The school would also benefit from use of the existing
bus-layby to the south-west of the site adjacent to Rew Valley sports centre as
part of an overall Travel Plan to encourage sustainable transport to and from
the site. A secondary (emergency) access is also proposed to the rear of the
site, off St Margarets Glade.

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1.10

The scheme also includes for the provision of a revised access arrangement to
the remainder of the Lowtherville Industrial estate which would be retained.

1.11

The application has been revised during the application process in order to
address the comments of consultees, this has included the provision of
additional information in respect of trees and highways and the minor
re-positioning of the building within the site.

2.

Location and Site Characteristics

2.1

The site is located within the settlement boundary for Ventnor which is
classified as a Smaller Regeneration Area within the Core Strategy.
The site is not located within the AONB, but is visible from it. No other
designations exist and none of the trees on site are afforded any
protection.

2.2

The site comprises the former St Margarets primary school, which is

accessed from Newport Road. This now redundant school site
comprises a two storey red-brick building, which has been extended
and altered over time, along with a series of ancillary structures. The
front of the site is relatively flat, whilst at the rear of the building the
land rises sharply to the employment land above. Along the southern
and western boundaries are established trees.

2.3

To the north (and forming part of the site) is Lowtherville Industrial

Estate which comprises a series of single storey employment units, the
size and scale of these units is considered to be reflective of their
former use as RAF barracks. These units are principally accessed via
St Margarets Glade, although it is noted that there is an existing
(barrier restricted) vehicle arrangement to Lowtherville Road. Within
this site are a number of established trees.

2.4

With the exception of the industrial buildings, the prevailing uses

around the site are residential in nature, with historic frontage
development on Newport Road and Lowtherville Road and more recent
development at Ash Court and St Margarets Glade. There is an
existing playground adjacent to the north-east boundary, which would
be retained. Members will also be aware of the relationship between
the existing site and St Francis school which was built in 2011-2012.

3.

Relevant History

3.1.

There is no directly relevant planning history, although it should be

noted that this application has evolved as a result of lengthy
pre-application discussions between Officers, the EFA (and their
chosen development partners) and the school.

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4.

Development Plan Policy

National Planning Policy

4.1.

National Planning Policy Framework (NPPF)

The NPPF states that sustainable development is a core issue for the
planning system and sets out three roles (economic, social and
environmental) that should be performed by the planning system. The
Framework states that pursuing sustainable development involves seeking
positive improvements in the quality of the built, natural and historic
environment, as well as in peoples quality of life, including (but not limited to):

4.2

Making it easier for jobs to be created in cities, towns and villages

moving from a net loss of bio-diversity to achieving net gains for nature

replacing poor design with better design

improving the conditions in which people live, work travel and take
leisure.

Section 8 Promoting Healthy Communities contains information that is

relevant to this proposal as it covers the issue of educational development,
and also issues relating to development on open space, sports or recreational
facilities. Paragraph 72 sets out a requirement for a proactive, positive and
collaborative approach and giving great weight to the need to create,
expand or alter schools.
Local Planning Policy

4.3

The Island Plan Core Strategy was adopted in March 2012. The following
policies are relevant to this application:

SP1 Spatial Strategy: defines the appropriate locations for new

development to take place on the Island.

SP5 Environment: states that the Council will support proposals that
protect, conserve and or enhance the Islands natural and historic
environments.

SP7 Travel: encourages a mix of travel choices and alternative means

of transport to the car in order to help reduce impact on air quality,
climate change and to prevent negative impacts on the Islands
transport network. States that development should not negatively impact
on the Islands strategic road network or on the capacity of lower level
roads to support the proposed development. If negative impacts are
identified, appropriate mitigation will be expected.

151

DM1 Sustainable Build Criteria for New Development: states that

development on the Island should include measures to reduce carbon
dioxide emissions from energy use.

DM2 Design Quality for New Development: states that the Council will
support proposals for high quality and inclusive design to protect,
conserve and enhance the existing environment while allowing change
to take place. The policy states that relevant information relating to the
sites size, location and context will be required in order for the Council to
determine planning applications quickly and properly. States that
proposals will be expected to provide an attractive, functional and
adaptable built environment, optimise the potential of the site taking into
account constraints, be appropriately landscaped, compliment the
surrounding area and minimise the consumption of natural resources.

DM7 - Social and Community Infrastructure: states that the Council will
support proposals which improve cultural, educational, leisure and
community facilities and sets a series of criteria which proposals would
be expected to meet. This policy also states that the loss of existing
facilities will only be accepted where it is demonstrated that the facility is
no longer viable or surplus to requirements, or where an alternative
facility of equivalent or better quality would be provided.

DM12 Landscape, Seascape, Biodiversity and Geodiversity: states

that the Council will support proposals that conserve, enhance and
promote the landscape, seascape, biodiversity and geological interest of
the Island.

DM13 Green infrastructure: states that proposals will be expected to

protect, enhance and improve management of the Islands green
infrastructure. Where loss is proposed, appropriate mitigation will be
required. The Council will support proposals that protect and enhance
areas of open space, sport and recreation in line with the Open Space
Audit. Loss of such facilities will only be accepted where it has been
demonstrated that equivalent or enhanced alternative facilities are
provided.

DM14 Flood Risk: the Council will support proposals which reduce the
overall and local risk of flooding. DM14 sets a series of criteria which
developments are expected to meet, including the provision of SUDS
and reducing surface water run-off where appropriate. DM14 also sets
the requirement for drainage reports to accompany larger development
proposals.

DM17 Sustainable Travel: seeks to encourage development within

sustainable locations and reduce the reliance on the private car. States
that development should be located in accessible locations with
sustainable connections to alternative means of transport, as well as
providing safer routes to schools.

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Other Council Strategies

4.4

The Councils Corporate Plan outlines the Councils commitment to improving

educational opportunities on the Island.

5.

Consultee and Third Party Comments

Internal Consultees

5.1

The Highway Engineer from Island Roads, commenting on behalf of the

Highway Authority, has recommended approval subject to conditions. More
detailed comments are outlined within the evaluation section of this report.

5.2

The Councils Environmental Health Officer has advised in respect of

contamination and noise issues, and has identified that the proposals would
be acceptable subject to the imposition of conditions regarding a remediation
strategy for contamination, restrictions on noise levels for plant serving the
school and details of the hours of use and means of enclosure for the MUGA.

5.3

The Councils Tree Officer has advised that the revised positioning addresses
concerns regarding the direct impact on the G29 and T1 originally highlighted.
Appropriate conditions relating to a method statement, ongoing management
and mitigation planting are recommended.
External Consultees

5.4

Scottish and Southern Electricity have advised of the location of a substation

and 11kV cable in proximity of the site. They neither support, or object to the
scheme.

5.5

Southern Water have commented that there is a public water main crossing
the site, which would need to be diverted, subject to the diversion having an
unacceptable loss of hydraulic capacity this can be required by the Water
Industry Act. They have also requested a standard condition in relation to the
agreement of a scheme of foul and surface water drainage.

5.6

Sport England raise no objections to the proposal and have provided no

further comments.
Town Council Comments

5.7

Ventnor Town Council supports the application and advises that the design is
considered to enhance the street scene and represents a good re-use of the
former RAF station. They also identify that a safe pedestrian crossing
should be provided.
Third Party Representations

5.8

None received.

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6.

Evaluation
Principle of the replacement of the existing school

6.1

The application proposes the re-development of the former school site and
additional land currently forming part of the employment site to allow a new
secondary school to be constructed. The proposal is that in September 2016
the Island Free School would relocate from its existing location to the new
facility. The site is within the settlement boundary for Ventnor which is
designated as a Smaller Regeneration Area within the Core Strategy, in this
respect it is considered that this is a sustainable location for the proposal
which would result in an improvement to educational facilities in this area. As
such, the broad principle of development is considered to be compliant with
policies SP1 and DM7 of the Island Plan.

6.2

The scheme would result in the loss of part of the existing employment site
known as Lowtherville Industrial Estate. In order to accommodate the
development, two of the existing buildings (which have been sub-divided into
smaller units) would be demolished. These units are considered to be in a
poor state of repair and in the main have been vacant for a considerable
period. It is acknowledged that one existing user would be relocated to
another unit within the estate in order to enable this proposal to move
forward, but the re-location site was also a vacant unit. The proposal would
therefore see a reduction in the amount of employment space available.
However, given the scale of the loss in terms of the amount of land and the
poor quality of the existing employment offer it is not considered that this
would have any detrimental effects on the ability of the area to meet its
employment needs in accordance with policies SP3 and DM8. Furthermore,
the scheme would provide an improvement to the access arrangements for
the remaining units and this would be seen as a beneficial outcome of the
scheme. As such, Officers do not consider that there is a sustainable
objection to the proposals in this regard.
Matters relating to size, scale, design and impact on the character and
appearance of the area (including impact on the AONB

6.3

Matters relating to design and the impact upon the character and appearance
of the area have to be appraised against the established policy framework as
set out earlier in this report.

6.4

The principles of policies DM2, and DM12 of the Core Strategy aim to
encourage proposals to work with the constraints and opportunities of sites
and seek to ensure that proposals are of high quality design which preserve
and enhance the character and appearance of areas.

6.5

The existing school site is relatively prominent within the street scene as its
scale and form is significantly larger than the prevailing residential scale.
However, the existing site and structures are read in the same vistas as the
existing school and community facilities located on the southern side of

154

Newport Road and thus the existing arrangement does not feel out of place.
Owing to the redundant and un-kempt nature of the site, it is considered that
there is currently a negative visual impact. By comparison, the existing
employment buildings are discreet, being screened in longer distance views
by the established buildings around the site. The industrial units are more
visible from higher ground, and read as a cohesive collection of similar
buildings and are visually reminiscent of their former use. Both the existing
school site and the industrial units are interspersed by some established trees
which do aid in softening the apparent built form in the area.
6.6

Officers raise no objection to the loss of the existing buildings, and this would
not impact negatively upon the character and appearance of the area. In
terms of heritage, the industrial units (owing to their former use) are listed on
the Councils Heritage Environment Record and are therefore considered
non-designated heritage assets. However, their loss is considered to be
acceptable in light of the over-riding benefit of the provision of a new
educational facility and the loss can be mitigated by an appropriate scheme
for recording as could be controlled by conditions, in accordance with DM11.

6.7

In terms of scale and layout, the proposed building has been sensibly located
within the centre of the site and the approach of creating three interlinking
blocks, each of which would not exceed two-storeys in scale, is considered to
be an acceptable method of working with the established constraints and
opportunities of the site including the challenging level difference. Officers
consider that the proposed scheme would be of an acceptable overall scale
and would not appear dominant or out of character. In visual terms the
buildings massing would be broken by the stepped approach, the location of
windows and doors within the elevations and by the sympathetic changes to
material treatment within the elevations. In many ways, the building would
seek to adopt a similar approach to that used at St Francis school opposite,
although the architectural language and final finish of the school that is
proposed would create its own unique identity.

6.8

In Officers opinion, the proposed scheme would fully accord with the
requirements of policies DM2 and DM12. It would provide for a functional,
yet attractive school building which would compliment the established
character and appearance of the area. The new development would make a
positive contribution to the street scene and the area generally. It is
considered that subject to the imposition of conditions to control the final
choices of materials, the proposed approach would compliment the design
ethos of the new building and would provide an acceptable response in
relation to the wider character and appearance of the area.

6.9

As stated the site is located outside of, but is visible from the AONB
designation. The proposed school would be viewed from higher ground and
at considerable distance, and seen within a vista which includes by various
other structures including residential forms and those of St Francis school
and Rew Valley centre. In Officers opinion therefore, the proposed scheme
would not have any detrimental impact upon the AONB designation.

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6.10

In terms of layout and landscaping, the proposal has incorporated a detailed

soft-landscape scheme in order to soften the new built form, along with
providing clearly defined areas for play, circulation and external educational
spaces. These details can appropriately be controlled by conditions.

6.11

On this basis, it is Officers view that on balance the scheme would result in a
high quality solution that would accord with the characteristics of this context,
and would not have an adverse impact on the character of the area or the
AONB designation. Therefore the proposals would be in accordance with
policies DM2 and DM12 of the Island Plan, and the principles of the NPPF.
Impact on neighbouring residential properties

6.12

It is considered that as a result of the proposals, the potential areas for impact
upon the amenities of neighbouring properties are:
Overlooking/loss of privacy and overshadowing to properties which
share a boundary with the site
General noise and disturbance as a result of intended use
Construction impacts

6.13

The proposed building would have similar relationships to the existing

arrangement and would see the new building located within the centre of the
site. The following separation distances would arise:
22m to 16 Ash Court
28m to 10/12 Rayners
27m to 104 Newport Road
35m to 18 Ash Court
Additionally, the proposed MUGA would be approximately 25m away from
properties in Hazel Close to the west.

6.14

Having considered the relationships that are proposed, it is not considered

that the scheme would have an unacceptable impact in terms of loss of
amenity through overlooking, dominance or over-shadowing owing to the
layout of the building within the site, the scale of the building and the
separation distances to neighbouring properties as well as the previous use
of the site for educational/industrial purposes.

6.15

Turning to the issue of noise and disturbance, the former pupil admission
number for this site indicated an ability to accommodate 120pupils, plus staff.
The proposed arrangement would result in 625pupils, plus approximately 57
staff, it is also noted that the school places considerable emphasis on
performing arts as part of its curriculum. The application is supported by an
Acoustic Design report which identifies that the buildings construction would
include various best practice measures to minimize the impact of noise
internally and also regulate external noise emissions, in accordance with
Building Bulletin guidance and BREEAM standard.

6.16

In terms of external noise, it is recognised that at the beginning and end of

the school day, along with break-times there would be potential for noise and

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disturbance from use of the external spaces. Whilst it is recognised that there
would be an intensification in use of the site, it is considered that this would
be acceptable given the layout of the site proposed, the separation distances
to neighbouring residential uses and the intervening screening created by
boundary vegetation.
6.17

Officers have also considered the combination effect of the proposed

arrangement with both St Francis and Rew Valley sports centre and do not
believe that the proposal would adversely impact upon the amenity of the
area. It should also be remembered that any potential impacts in respect of
noise and disturbance would be off-set during periods when the school would
be closed, ie evenings, weekends, and school holidays. Furthermore, the
impact of the proposal in terms of noise and disturbance would be, in part,
balanced by the re-use of this previously developed, existing school site and
the beneficial outcome of providing an up-to-date secondary school, in
compliance with the aims of DM7. As such, it is considered that an objection
to the proposal on this basis could not be sustained.

6.18

In terms of the MUGA, this would be an enclosed facility located on the

northern side of the school grounds. The application states that this facility
would be primarily for school use, but could be used by other community
groups through a formal Community Use Agreement. However, it is not
proposed that these facilities would be floodlit. Therefore it is considered that
this would naturally limit the use of the site during the winter months and in
the evenings, thus it is not considered that this would result in any excessive
impact upon the neighbouring properties.

6.19

The Councils Environmental Health Officer has appraised the scheme, and
considers that the scheme would be unlikely to have a detrimental impact in
respect of noise or odour, subject to the imposition of conditions as
recommended.

6.20

In terms of construction impacts, Officers recognise that the intention is that

the development would be completed in readiness for the September 2016
in-take, and in this respect the overall construction window is considered
short and thus any impacts as a result of construction would be for a limited
period only. In this respect Officers consider that the potential impacts during
construction can be managed and mitigated through a construction code
condition.

6.21

In conclusion it is not considered that the proposals would result in any

significant adverse impacts upon the amenities of neighbouring land-uses,
and would be compliant with the aims of DM2 (Design Quality) of the Core
Strategy.
Trees and Ecology

6.22

The application has been submitted with a Tree Report and Ecology Report
to ensure that the full implications of the proposal on the natural landscape of
the site are fully considered. In addition it is noted that further information has

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been supplied during determination and a revised positioning of the proposed

building in order to address concerns regarding the impact on trees of
amenity value.
6.23

Within the grounds of the existing school, there are a variety of species of
trees which have been intentionally planted over the years as part of the
development of the wider area and as part of the landscaping of the school in
general. The most prominent and prevalent trees noted that could be
impacted upon by the proposed new school are the large group of Cherry
located on the current schools western boundary and the Beech trees located
just off site on the roadside, north of the school. The remainder are of little or
no relevance to this application as there should be little to no impact to them
as a result of this development.

6.24

The large group of Cherries are collectively considered as an important

landscape feature to the area and form a visually striking part of the local
character. As such these trees should be thought to be a B2 or possibly an
A2 grade, they form an important screen between the school and the
neighbouring properties and given their density this may also be a partial
sound buffer.

6.25

The Beech trees (described in the report as group 29 and T1) are located on
the northern boundary with and within the industrial estate. They too are seen
from the Newport Road and Lowtherville Road where they form an important
arboricultural feature to the immediate and wider area.

6.26

The Councils Tree Officer initially raised concerns regarding the overall
impact of the development, in particular upon the Beech trees owing to the
position of the building and the potential need for retaining structures given
the changes in levels which would in turn impact upon the Root Protection
Areas and could have an adverse long-term impact on the health of these
trees.

6.27

The revised positioning would see the building sited 2 metres south towards
Newport Road, reducing the impact on the RPA of the Beech trees (G29). As
a consequence of this relocation the extent of retaining works can be
reduced. This alteration should address stability issues of the line of Beech
trees as the shear tension roots that stabilise a tree should not be damaged.
The impact of construction can also be regulated through an arboricultural
method statement which could be conditioned. In relation to T1, the
information shows a minor change in levels within the R.P.A of the Beech.
This could again be controlled through a method statement. It is seen that
both trees will suffer root damage to a scale that is not usually acceptable,
however with long term management of the trees in question should recover
from any direct impact.
The revised proposal would be not have any significant impact on the group
of Cherries, with these trees being retained as a buffer and falling within the
managed school environment.

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In light of the revisions that have been presented the Councils Tree Officer
has raised no objections subject to the imposition of conditions if approved,
as a result the development would be in accordance with the aims of policies
DM2 and DM12 of the Core Strategy.
Highways considerations including access and parking
6.28

The existing school benefits from a vehicular access onto Newport Road, this
is located in the south-east corner of the site, there are few parking spaces
within the site. Given the position of the school and the changes in levels to
the rear there is currently only access from Newport Road. The existing
industrial estate is accessed via an estate road (St Margarets Glade) which
serves all of the industrial units and the residential properties. Lowtherville
Road to the east is currently separated from the industrial uses by virtue of an
Armco-barrier, this road principally serves the surrounding residential
properties to the east including the Rayners.

6.29

The proposal is that the new school would have its principal access from
Newport Road with two vehicular entrance points which would serve a
pick-up/drop-off facility and staff car parking to the frontage of the school. A
total of 60 parking spaces are indicated within the layout. There would also be
a dedicated pedestrian entrance in the centre of the frontage. The proposed
vehicle access to the south-west corner would provide the principal route for
deliveries to the school in particular the kitchens which are located on the
western side of the proposed front block. To the rear there would be a
secondary access from St Margarets Glade which would allow deliveries to
the rear block. The scheme also includes for a new vehicle route around the
northern side of the new school boundary (within the current industrial estate)
which would provide a shared surface route into the retained industrial estate.

6.30

The application is supported by a Transport Statement, which outlines the

need for improvements to pedestrian connectivity in the area, and also
considers the relationship between the proposed school and the surrounding
uses in terms of highway movements, capacity and safety issues. It is noted
that currently the existing school operates a number of minibuses which
provide transport for students, which in combination with other transport
modes results in only a small proportion of the existing pupils being
dropped-off/picked-up by cars. Officers recognise that owing to the
topography of Ventnor there would be limited accessibility in terms of
walking/cycling rotes, however, it is also noted that Newport Road is located
on an existing bus route, there is a pedestrian crossing to the east and there
is also a bus layby (within Council ownership) to the west.

6.31

The proposed school would provide 625 pupil places, of which it is anticipated
that approximately half would live within 2 miles of the school, with the
remainder being serviced by school organised transport. It is also indicated
that the pick-up/drop-off facility and crossing points would be managed by
school staff. The scheme proposes that an additional pedestrian (zebra)
crossing would be installed to the west of the site, in proximity of the St
Margarets Glade junction which would provide a pedestrian connection

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between the proposed school and the existing layby. This is considered to
represent a positive enhancement from the scheme in terms of walking
connections.
6.32

The Principal Contract Officer has advised that with regards to timings and
bus movements, discussions are being held regarding the ability to provide a
total of four buses (4xAM,4xPM) which would serve both the Island Free
School and St Francis Primary. There would be some overlap between
arrivals and departures which would take place within 10-15 minute windows.
It is indicated that these would provide approximately 205 seats. It is
proposed that the drop-off and pick-up times would be staggered to ensure
that these could fit with school operational requirements. It is also noted that
in addition to any services provided in conjunction with the Council, the Island
Free School would be likely to require at least one additional vehicle
(minibuses or similar) as capacity increases.

6.33

The Highway Engineer for Island Roads has advised that they recommend
approval be granted subject to conditions as recommended, they have
provided a detailed comment on the proposal, the key findings of their
assessment are as follows:

Newport Road is a classified road covered by a 30mph speed limit. The

on site assessment established that the required level of visibility would
be available from the proposed accesses. The accesses measure at
approx. 6m in width which enables a bus and service vehicle to
negotiate the turns into and out of the site. Gates are shown to be
installed at approx. 5m setbacks from the edge of highway. This is
acceptable.

Part of the land about the eastern access falls within the limit of the
adopted highway, as a consequence either the gate and parking spaces
in this area would have to be relocated within the site, or a Stopping Up
Order would need to be submitted and approved. This process is
subject to consultation and could be refused. As this could be addressed
through a revised layout, it is considered appropriate to condition for
these elements.

The parking layout works from a technical point of view and adequate
space has been provided between the rows of parking bays in order for
them to be accessed without difficulty. Concerns have been raised with
regard to the number and types of movements (buses, cars,
pedestrians) within the site and the potential conflict; however it is
acknowledged that the area is remote from the public highway network
and as a result is an onsite operational issue and would not warrant a
refusal, and would ultimately be a school management issue. It is noted
that the Head-teacher has advised that staff would be expected to
manage the arrival and departure of pupils.

There are no concerns with the junction between St Margarets Glade

and Newport Road or the alignment and width of St Margarets Glade as
it is currently the only route for the existing units. The proposals would

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result in a potential reduction in traffic movements associated with the

units. Revisions have been made to the layout of the access road and
amended swept path analysis drawings have been provided. These
indicate that the majority of larger vehicles can pass the other larger
vehicles (i.e. fire appliance, ambulance, refuse vehicle) whilst using this
route. It would not be possible to pass a rigid truck around the 90 degree
bend, but there suitable passing places with adequate inter-visibility. As
the probability of conflict in this area is low and it is remote from the
public highway it would not be sustainable to insist on all vehicle types
being able to pass at all points along the access road.

There is an existing industrial unit to the south east of the site which
becomes isolated as a result of the school proposals. In order to ensure
that vehicle access is maintained an existing barrier will be removed
from Lowtherville Road and a suitable turning head will be provided to
the front of the unit. Officers advise that whilst this lies outside of the
application site, a condition can be applied in relation to delivery of the
turning head as land in question belongs to the Council.

The Transport Assessment acknowledges that the existing layby

opposite (and serving) St Francis School is underutilised and has spare
capacity and would accommodate the additional bus services. Additional
information has been received from the IWC Principle Contract Officer
Transport who has clarified the bus provisions for both the existing
Primary School and the proposed Secondary School. Currently the
existing buses approaching from the northwest cannot negotiate the turn
into the St Francis Primary School layby which results in a reversing
manoeuvre into St Margarets Glade. It is understood that the proposed
school would allow the school bus to utilise their access to remove the
need to reverse on the public highway. A new zebra crossing facility is
proposed to be introduced on Newport Road to the east of the existing
in order to improve the pedestrian connectivity in the vicinity and ensure
that pupils in the area have safe crossing facilities. Island Roads are
satisfied that the bus provision for both sites can be accommodated and
recommends that a condition is imposed requesting an updated Travel
Plan clearly outlining the bus service proposals which can be reviewed
on a periodic basis.

It is acknowledged that there is potential for conflict on the surrounding

highway network in both the school pick up and drop off times. It has
been identified that there will be an increase of 187 vehicles in the AM
peak, 107 vehicles at the end of the school day and 45 vehicles in the
PM peak. The additional movements will not have an adverse impact on
the operation of any of the junctions in the vicinity. Site visits have
indicated that during the normal course of the day there is adequate
capacity within the surrounding highway network but it was
acknowledged that at school pick up and drop off times it does become
more congested. The capacity of the proposed pick up / drop of layby
has been assessed and it is concluded that it will be able to
accommodate the level of anticipated usage which removes the

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potential for significant congestion on the surrounding highway network.

On review of accident data, there have been no recorded accidents in

the last 3 years within the vicinity of this site that are relevant to the
proposal.

6.34

Having appraised all of the above, Officers consider that the application
would be acceptable subject to the imposition of conditions. Such conditions
would secure parking provision and layout, visibility splays and location of
gates, provision of a School Travel Plan, provision of the turning head for the
industrial unit off Lowtherville Road, and the provision of the zebra crossing
(off-site). Subject to these conditions the scheme would be in accordance
with the requirements of policies SP7, DM2 and DM17 of the Island Plan.

7.

Conclusion

7.1

Having given due regard to all of the relevant aspects of this proposal and all
issues outlined in this report, it is considered that the proposal would be in
accordance with established planning policy.

7.2

It is considered that the principle of this development is deemed to be

acceptable due to the location of the site within the settlement boundary for
Ventnor which is classed as a Smaller Regeneration Area. The proposals
would also re-use an existing school site and part of the existing industrial
estate and would therefore constitute development on previously-developed
land. The proposals would therefore be in accordance with policy SP1.

7.3

The proposal would provide a modern, purpose designed secondary school to

support the relocation and continued growth of the Island Free School. The
application is also supported by the Education Funding Agency. As such the
scheme would accord with the aims of policy DM7. The proposals would result
in some loss of existing employment, however this is not considered to be
unacceptable in this instance and would not detrimentally affect the local
economy.

7.4

In terms of design, the proposals would result in a high quality proposal and
would result in a modern educational facility that would not impact upon the
character or appearance of the area. In combination with the significant
landscaping the proposals would appropriately mitigate any potential
landscape impacts. Furthermore, the proposals would not adversely impact
upon the amenities and use of neighbouring properties owing to the proposed
separation distances, landscaping and boundary treatment.

7.5

With regard to the highway implications of the development, these have been
appropriately justified and the impact of the proposal would be acceptable
given the accessibility and sustainability of this location. As such, it is
considered that the proposal would be in accordance with policies SP1, SP5,
SP7, DM1, DM2, DM7, DM12, DM13, and DM17 of the emerging Island Plan
Core Strategy, and would accord with the principles contained in the NPPF.

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8.

Recommendation
Conditional permission.

9.

Statement of pro-active working

9.1

In accordance with paragraphs 186 and 187 of the NPPF, the Isle of Wight
Council takes a positive approach to development proposals focused on
solutions to secure sustainable developments that improve the economic,
social and environmental conditions of the area in the following way:

The IWC offers a pre-application advice service

Updates applicants/agents of any issues that may arise in the processing
of their application and suggest solutions where possible

In this instance pre-application advice was provided, and following submission

of the applicants the agents have worked with Officers to address concerns as
they have arisen.
Conditions/Reasons
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.

The development hereby permitted shall be carried out in complete accordance

with the approved plans, numbered as follows:
Site Plan IS-CS-ZZ-ZZZ-DFP-AR-061001 Rev PO5
Ground Floor Plan IS-CS-G00-DFP-AR-061002 Rev P07
First floor plan IS-CS-ZZ-U01-DFP-AR-061003 Rev P07
Second floor plan IS-CS-ZZ-U02-DFP-AR-061004 Rev P07
Roof plan IS-CA-ZZ-R00-DFP-AR-061005 Rev PO3
Landscape Masterplan CS079176-L-001E Rev E
General Elevations IS-CS-ZZZ-DFP-AR-062001 Rev P02
Site Sections IS-CS-ZZ-ZZZ-DFP-AR-063101 Rev P00
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) of the Island Plan Core Strategy and the principles of the
NPPF.

Prior to the demolition of the existing buildings on site, the results of a

programme of historic building recording shall be submitted to and approved in
writing by the local planning authority.

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Reason: To preserve by record remains of the existing buildings on site which

are of local heritage importance in accordance with Policy DM11 of the Isle of
Wight Council Core Strategy Island Plan.
4

No development shall take place until an Arboreal Method Statement has been
submitted to and agreed in writing by the local planning authority detailing how
the potential impact to the trees will be minimized during construction works and
showing the positions of protective tree fencing as required by condition 5. The
agreed method statement will then be adhered to throughout the development
of the site.
Reason: To ensure that the high amenity trees to be retained is adequately
protected from damage to health and stability throughout the construction
period in the interests of the amenity in compliance with Policy DM12
(Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core
Strategy.
Informative
In addition to usual factors to be included within the method statement it shall
provide specific information in relation to all details of retaining and grading
works in proximity of T1 and G29, and shall include a method statement in
relation to any piling works. Information in relation to long-term methods to
stimulate root growth (eg root feeding) shall also be provided.

No development including site clearance shall commence on the site until trees
shown to be retained in this permission have been protected by fencing or other
agreed barrier, any fencing shall conform to the following specification:
Barrier shall consist of a scaffold framework as shown in figure 2 of BS 5837
(2012). Comprising of vertical and horizontal framework braced to resist impact,
with vertical tubes spaced at a maximum of 3 m intervals. Onto this weld mesh
panels are to be securely fixed. Such fencing or barrier shall be maintained
throughout the course of the works on the site, during which period the following
restrictions shall apply:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)

No placement or storage of material;

No placement or storage of fuels or chemicals.
No placement or storage of excavated soil.
No lighting of bonfires.
No physical damage to bark or branches.
No changes to natural ground drainage in the area.
No changes in ground levels.
No digging of trenches for services, drains or sewers.
Any trenches required in close proximity shall be hand dug ensuring all
major roots are left undamaged.

Reason: To ensure that the high amenity trees to be retained is adequately

protected from damage to health and stability throughout the construction
period in the interests of the amenity in compliance with Policy DM12

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(Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core

Strategy.
6

Notwithstanding the details shown on the approved plans and application forms,
no development other than groundworks shall take place until samples of all
materials and finishes to be used in the construction of all external surfaces
(including hard-landscaped areas) of the development hereby permitted 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: In the interests of ensuring the high quality of the design solution
proposed and the amenities of the area and to comply with policy DM2 (Design
Quality) of the Island Plan Core Strategy and the principles of the NPPF.

No development other than groundworks shall take place until an ecological

enhancement and mitigation strategy has been submitted to and agreed in
writing by the Local Planning Authority. Any required measures shall be shall be
implemented in full prior to the occupation/first use of the school and the
resulting landscape and habitats within the site shall be maintained and
managed in accordance with the agreed plan thereafter.
Reason: In the interests of the retention and enhancement of features of
ecological importance within the site and to comply with policy DM2 (Design
Quality) of the Island Plan Core Strategy and the principles of the NPPF.

Notwithstanding the approved plans, no development beyond demolition and

groundworks shall take place until full details of a soft landscape scheme for the
site (based upon the principles of the landscape masterplan) has been
submitted to and approved in writing by the Local Planning Authority. These
details shall include a schedule of plants, noting species, plant sizes and
proposed numbers/densities, an implementation programme, and a long-term
management plan. Planting shall be implemented and retained in accordance
with the agreed details.
Reason: To ensure the appearance of the development is satisfactory and
that appropriate mitigation planting is provided, to comply with policy DM12
(Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core
Strategy.

All planting, seeding or turfing comprised in the approved details of landscaping

and mitigation planting shall be carried out in the first planting and seeding
seasons following the occupation of the buildings or the completion of the
development, whichever is the sooner, and any trees or plants which within a
period of 5 years from the completion of the development die, are removed or
become seriously damaged or diseased shall be replaced in the next planting
season with others of similar size and species, unless the Local Planning
Authority gives written consent to any variation.
Reason: To ensure the appearance of the development is satisfactory and to
comply with policy DM2 (Design Quality) of the Island Plan Core Strategy and
the principles of the NPPF

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10

Prior to the first occupation of the development hereby permitted, a report

setting out expected community use of the application site shall be submitted to
and approved by the Local Planning Authority. The report shall include details
of pricing policy, hours of use, access by non-school users/non-members,
management responsibilities and include a mechanism for review. The
community use agreements shall be implemented upon first use of the new
school facility hereby permitted, and shall be retained as such thereafter unless
otherwise agreed in writing by the Local Planning Authority.
Reason: To secure well managed safe community access to the sports
facility, and to ensure the satisfactory quantity, quality and accessibility of
compensatory playing pitch provision in accordance with the details provided,
and to accord with the IOWC Playing Pitch Assessment and Strategy and
policies DM2 (Design Quality) and DM7 (Social and Community Infrastructure)
of the Island Plan Core Strategy and the principles of the NPPF.

11

No development other than ground works shall commence until details of the
surfacing, design, layout and means of enclosure of the MUGA (which shall
comply with Sport England Design Guidance Notes) have been submitted to
and approved in writing by the Local Planning Authority. The MUGA shall be
constructed in accordance with the approved design and layout details and be
made available for use prior to the first use/occupation of the building hereby
permitted.
Reason: To ensure the satisfactory quantity, quality and accessibility of
compensatory playing pitch provision in accordance with the details provided,
and to accord with the IOWC Playing Pitch Assessment and Strategy and
policies DM2 (Design Quality) and DM7 (Social and Community Infrastructure)
of the Island Plan Core Strategy and the principles of the NPPF.

12

All plant installed as part of the development hereby permitted to service the
building must ensure that any noise that emanates from the plant shall not
exceed an LAeq5 minute of the background noise level -5dB at any time and
shall have no significant tonal component within any 1/3 Octave Band Level.
Where any 1/3 octave band level is 5 dB or above the adjacent band levels the
tone is deemed to be significant). The noise levels shall be determined at 1
metre from the nearest residential/noise sensitive premises by measurement or
calculation.
The measurements and or calculation shall be made in
accordance with BS4142:2014.
Reason: To prevent annoyance and disturbance, in particular sleep
disturbance, from noise emissions from the premises, and to comply with policy
DM2 (Design Quality) of the Island Plan Core Strategy and the principles of the
NPPF.

13

Prior to the use hereby authorised commencing, the Local Planning Authority
shall be provided with a plan showing the emission point to atmosphere of the
proposed kitchen extract and the elevations of nearby premises (i.e. any
building within the distance of 5 times the proposed chimney height) along with

166

details of all measures to be taken for the control of odour from the premises for
agreement in writing. The use hereby permitted shall not commence until these
measures have been completed in full. Any odour control measures shall be
maintained hereafter unless otherwise agreed in writing by the Local Planning
Authority.
Reason: To prevent annoyance and disturbance from odour emissions from the
premises and to comply with policy DM2 (Design Quality) of the Island Plan
Core Strategy and the principles of the NPPF.
Guidance on odour control from commercial kitchens can be found at:
http://www.defra.gov.uk/environment/quality/noise/research/kitchenexhaust/doc
uments/kitchenreport.pdf
14

No construction of buildings shall take place until details of all proposed external
lighting shall be submitted to and approved in writing by the local planning
authority. The details shall include location plans, details of height, lux levels
and lighting spread plans, as well as details of all control and maintenance
measures. The lighting shall be installed, maintained and operated in
accordance with the approved details.
Reason: In the interests of the amenities of neighbouring properties and to
prevent dis-amenity through light spillage, and to comply with policy DM2
(Design Quality) of the Island Plan Core Strategy and the principles of the
NPPF.

15

No development (other than demolition) shall occur until a remediation scheme

to deal with any contaminant have been submitted to and approved in writing by
the Local Planning Authority. The scheme shall include an implementation
timetable, monitoring proposals and a remediation verification methodology including a sampling and analysis programme to confirm the adequacy of
decontamination). The remediation shall be undertaken in accordance with the
agreed details during the construction of the development and a report
(including confirmation that all remediation measures have been carried out in
full accordance with the scheme, and that a programme of post-remediation
sampling and monitoring has been carried out) shall be provided prior to the
construction of any buildings.
Reason: In order to ensure that any contamination within the site is
appropriately remediated, to protect the environment and prevent harm to
human health and to comply with policy DM2 of the Island Plan and the
principles of the NPPF.

16

Prior to the commencement of development, details of a construction

management code (including site clearance and preparation) to include details
of noise and vibration management; hours of working and deliveries (including
measures for "quiet working" prior to 8am on Mondays to Fridays); dust
management; access and safety measures for construction traffic; timing of
delivery of materials and collection of equipment; security arrangements and
contact details (including in the event of emergencies) shall be submitted to the

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Local Planning Authority for agreement in writing. Development to be carried

out in accordance with the agreed details. During demolition and construction,
no working shall take place on the site outside the hours of 07:30 to 18:00
Mondays to Fridays, outside the hours of 08:00 to 13:00 on Saturdays and at
any time on Sundays or Bank Holidays. No burning of waste generated during
demolition and construction shall take place on site.
Reason: In the interest of regulating the potential impacts as a result of the
construction of the development, in particular noise, dust, odour and fumes, and
to comply with policy DM2 (Design Quality) of the Island Plan Core Strategy and
the principles of the NPPF.
17

Before the school is first brought in to use a School Travel Plan with the specific
intention of reducing the need to travel to and from the school by car and to
positively encourage travel by foot, bicycle, by public transport or by other
sustainable means together with a programme for future monitoring shall be
submitted to and agreed in writing with the local planning authority. The
agreed plan shall then be implemented from the day that the use
commences/building is brought into use in accordance with the measures set
out in the document. The plan shall be monitored and an annual report
produced and submitted to the local planning authority in accordance with the
timescale also set out and agreed in the school travel plan.
Reason: In order to encourage sustainable methods of travel to and from the
school, in accordance with policy DM2 (Design Quality) and DM17 (Sustainable
Travel) of the Island Plan Core Strategy and the principles of the NPPF.

18

Notwithstanding the approved plans, no development other demolition and

ground works shall take place until details of the layout, drainage and surfacing
of car parking and loading/un-loading areas and details of the location and
specification for covered storage for bicycles, have been submitted to the Local
Planning Authority for agreement in writing. The layout shall include for a
minimum of 55 car parking spaces, 15 bicycle spaces, space for vehicles to be
loaded and unloaded, and sufficient space for vehicles to turn so that they may
enter and leave the site in forward gear. The agreed details and areas shall be
installed prior to the first use of the building and shall thereafter be retained and
used for no purpose other than that approved in accordance with this condition.
Reason: In the interests of highway safety and to comply with policies DM2
(Design Quality for New Development) and Island Plan Core Strategy.

19

Notwithstanding the approved plans, prior to any works to the create the new
access road for the industrial units is commenced, a plan showing the forward
visibility splay around the 90 degree bend of the proposed industrial units
access road (located to the north-west of the proposed MUGA) shall be
submitted to and agreed in writing by the Local Planning Authority. The
approved visibility splay shall be implemented during the development hereby
permitted and shall be retained thereafter. Nothing more than 1m in height shall
be permitted to remain within the splay thereafter, unless otherwise agreed in
writing by the Local Planning Authority.

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Reason: In the interests of highway safety and to comply with policy DM2
(Design Quality for New Development) of the Island Plan Core Strategy.
20

No development other than demolition or groundworks shall commence until

details of the layout, surfacing and drainage of a turning facility for the industrial
unit to be accessed via Lowtherville Road has been submitted to and agreed in
writing by the Local Planning Authority. The agreed turning requirements shall
be constructed in accordance with the agreed details prior to the construction of
the new school building or in accordance with an alternative timescale to be
agreed in writing by the Local Planning Authority.
Reason: In order to ensure that appropriate turning requirements for the
retained industrial unit are provided, in the interests of highway safety and to
comply with policy DM2 (Design Quality for New Development) of the Island
Plan Core Strategy.

21

Notwithstanding the approved plans, no development other than demolition and

groundworks shall take place until a detailed scheme for the proposed zebra
crossing has been submitted to and agreed in writing by the Local Planning
Authority. The agreed works shall then be undertaken during construction of the
school and the building shall not be brought into use until the zebra crossing
has been fully completed in accordance with the agreed details, or in
accordance with an alternative timetable as may be approved in writing by the
Local Planning Authority.
Reason: In order to ensure that an appropriate pedestrian crossing is installed
to service the development, in the interests of highway safety and to comply
with policies DM2 (Design Quality for New Development) and DM 17
(Sustainable Travel) of the Island Plan Core Strategy.

22

Notwithstanding the approved plans, no development other than demolition and

groundworks shall take place until a detailed scheme for the junctions between
the proposed layby / pick up drop off facility and the highway (B3327 Newport
Road) has been submitted to and agreed in writing by the Local Planning
Authority. The agreed works shall then be undertaken during construction of the
school and the building shall not be brought into use until the junctions have
been fully completed in accordance with the agreed details, or in accordance
with an alternative timetable as may be approved in writing by the Local
Planning Authority.
Reason: In order to ensure that the development provides appropriate junctions
to Newport Road to service the development, in the interests of highway safety
and to comply with policies DM2 (Design Quality for New Development) and DM
17 (Sustainable Travel) of the Island Plan Core Strategy.

23

No construction of buildings shall take place until details of the proposed means
of foul and surface water drainage based upon sustainable drainage principles
shall be submitted to the Local Planning Authority for agreement in writing.
Such details shall include calculations, measures which will be undertaken to
protect public sewers/water mains crossing the site, measures relating to the

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maintenance of the on-site SUDS facilities and a phasing plan for the delivery of
any required infrastructure. The agreed details shall be installed during the
development of the site in accordance with agreed phasing plan for the
drainage infrastructure, unless otherwise agreed in writing by the Local
Planning Authority.
Reason: To ensure a satisfactory means for the disposal of foul and surface
water from the development, to minimise the risk of flooding and to ensure that
the public water/drainage systems crossing the site is adequately protected and
safeguarded during the development. In accordance with Policy DM14 (Flood
Risk) of the Island Plan Core Strategy and Government advice contained within
the National Planning Policy Framework.

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78500N

78250N

78000N

Scale 1:6000

455000E

455000E

454750E

454750E

455500E

455500E

455750E

455750E

456000E

456000E

456250E

78000N
456250E

77750N

P/00425/15 - TCP/01203/F
site of former St. Margarets Primary School
and part of adjoining industrial estate,
Newport Road, Ventnor, PO38

455250E

455250E

78250N

77750N

78500N

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05

Reference Number: P/00187/15 - TCP/32118/A

Parish/Name: Nettlestone and Seaview - Ward/Name: Nettlestone and
Seaview
Registration Date: 20/02/2015 - Full Planning Permission
Officer: Richard Holmes Tel: (01983) 823552
Applicant: Seaview Holidays Ltd
Retention and completion of works associated with change of use of
games room to a mixed use Class A3 - restaurant/cafe and Class A4 drinking establishment; raised deck area
The Salterns Village Cottages, Salterns Road, Seaview, Isle of Wight
The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This application has been referred to the Planning Committee at the request of
the local ward member based upon concerns over noise, overlooking and impact
on the RAMSAR and SSSI designations.

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

Siting, design and visual impact of the proposed development within the
landscape.
Impact on neighbouring properties.
Impact on wildlife.

1.

Details of Application

1.1.

The existing building would not be extended and would involve internal
alterations to form a reception/coffee shop with a small kitchen, store and
disabled toilet at ground floor. The first floor would be used for a TV viewing
area and access to the internet.

1.2

A raised decking area would be formed to the north-west elevation, flush with
the south-west flank but projecting along part of the north-east flank. It would
have an overall width of 15.2m, projecting 7.2m from the front elevation and
3m from the north-east flank elevation. Steps and a ramp would lead up to the
deck at the front. The decking would be at a height of 0.45m. The submitted
plans show that the external walls would be painted light blue.

1.3

The application form shows that the existing employment for the site is 5
full-time and that this proposal would increase this to 6. It is also noted that the

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application form states that the hours of opening are unknown, but the Design
and Access Statement states that the existing games room is open until 10pm
and the proposed opening is until 11pm. It is noted that an application for an
alcohol license has recently been approved which states until 11pm and the
agent has confirmed the proposed opening is until 11pm.
1.4

The applicant has stated that the facility will only be for the use of the residents
of the holiday park. Staff of the facility would ask customers for their door key.
Furthermore, a member of staff will be on the site 24 hours a day (there is a
member of staff who stays over night during the summer months).

2.

Location and Site Characteristics

2.1

The application building has a width of 12.7m, a depth of 5.2m with a flat roof
and height of 5.7m and its external appearance comprises painted artificial
stone walls. The building is situated south of the office/reception building and
relatively close to the south-east boundary with Pond Lane, a
footpath/bridleway (R95). Beyond are the rear gardens of properties along
High Salterns. There is approximately 25m between these houses and the
application building. This boundary between the footpath and the rear of the
properties along High Salterns comprises a 2m high close boarded fence and
trees, although there are no trees at the boundary with number 28.

2.2

The site is an established holiday accommodation park comprising

self-catering cottages available March to October. The site has upgraded the
cottages with further upgrading planned for other facilities. The application
building has been used as a games room and the Design and Access
Statement states the first floor has been also used as a games room for over
ten years.

2.3

Surrounding this building and the office/reception building is a relatively large

area of hardstanding. To the west of the overall site is an area of undeveloped
land comprising fields and water/lakes which is designated as: Solent and
Southampton Waters RAMSAR Site; and the Ryde Sands and Wootton Creek
Site of Special Scientific Interest (SSSI).

3.

Relevant History

3.1.

There is quite an extensive planning history on the overall site. The following
are considered to be the most relevant to the current application:
The application building

3.2

3.3

TCP/05981/K - Erection of an administration building. Approved April 1967.

The plans submitted with this show this building to have storage areas to the
ground and first floor levels.
The building which currently contains the office and reception to the north-east
of the application building:
P/00223/12 - Change of use and alterations to office accommodation and flat

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to form a dwelling with garage and boatstore including two storey side
extension and new external staircase; change of use and alterations to ground
floor laundry and stores to form reception, office and associated facilities; new
fencing and visitor parking area Approved 13/04/2012. This application has
not been implemented, however, on the case officers site visit it was noted
that there is an office on the first floor (in the position of the living room on the
existing plan submitted as part of this application). This approved scheme
sought to change the building from an office and flat to one dwelling. The
application building of the current scheme would then become offices,
reception and storage at ground floor with offices and workshop at first floor.
The existing plan shows the ground floor to be stores, laundry with baby
changing facilities and a WC and with offices/workshop at first floor.
3.4

P/00891/10 - Lawful Development Certificate for proposed use of the flat for
permanent residential occupation all year round. Approved - September 2010.
This refers to the flat above.

3.5

TCP/05981/S - Replacement store building. This approved the building

currently used as reception and offices.

3.6

TCP/18287/A - Extension to form additional office. Approved - December

1984. This approved an extension to the north elevation of this building and
does not seem to have been implemented.
It is considered appropriate to include recent planning history at 53 Salterns
Beach Bungalows (part of the overall site):

3.7

3.8

P/01309/14 - Variation of condition no. 1 on TCP/5981N to allow all year round

holiday use
- Refused - 02/03/2015. Reasons for refusal:
1

The information accompanying this application is inadequate and

deficient in detail in respect of an assessment of the risks related to the
removal of the condition so that the Local Planning Authority is unable to
consider fully the effects of the proposal on the integrity of the adjoining
SPA and Ramsar site and SSSI and in the absence of further details it is
considered that the proposal is contrary to the requirements of the
Conservation (Natural Habitats) Regulations 1994 and policies SP5
(Environment) and DM12 (Landscape, Seascape, Biodiversity and
Geodiversity) of the Island Plan Core Strategy.

The application site is situated within an area identified as Flood Zone 3

which is at risk from flooding.
The application has not been
accompanied by a Flood Risk Assessment to justify the provision of a
more vulnerable form of development within Flood Zone 3. In
consequence the proposal is contrary to Policy DM14 (Flood Risk) of the
Island Plan Core Strategy and Government advice contained within the
National Planning Policy Framework.

It is also appropriate to note the recent Licensing application of the application

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building. This approved a caf serving sandwiches, cakes, teas, coffees and
refreshments and to serve alcohol to residents of the holiday park to be
consumed on the premises with opening hours of 10am to 11:30pm Monday to
Friday. It was approved at the Licensing Sub-Committee of 14 May 2015. This
was approved with the following conditions and notification was sent out on
18/05/2015 (there is a period of 21 days for all parties to appeal):
1) Alcohol shall only be authorised for sale to current residents or staff of the
site.
2) No licensable activity shall be permitted after sunset unless the 1st floor
windows are shut and blackout blinds are fitted to and closed.
3) No open alcoholic containers or other containers shall be permitted
outside on the decking after 22:00 hours
Development Plan Policy
4.
National Planning Policy
4.1.

National Planning Policy Framework (NPPF) constitutes guidance for local

planning authorities and decision-takers both in drawing up plans and as a
material consideration on determining applications. At the heart of the NPPF is
a presumption in favour of sustainable development.

4.2

The NPPF sets out three roles (economic, social and environmental) that
should be performed by the planning system. The Framework states that
pursuing sustainable development involves seeking positive improvements in
the quality of the built, natural and historic environment, as well as in peoples
quality of life.

4.3

Of particular note, section 1 relates to building a strong, competitive economy,

section 3 (paragraph 28) looks to support economic growth in rural areas in
order to create jobs and prosperity, and section 11 seeks to conserve and
enhance the natural environment

4.4

Due regard and weighting has been applied to the principles advocated within
the NPPF (paras 186 and 187) which require LPAs to encourage decision
taking in a positive way, to look for solutions rather than problems, and to seek
to approve applications where possible.
Local Planning Policy

4.5

The Island Plan Core Strategy identifies the application site as being within the
Wider Rural Area. The following policies are relevant to this application

SP1 - Spatial Strategy Supports development on appropriate land within

or immediately adjacent the defined settlement boundaries of the Key
Regeneration Areas, Smaller Regeneration Areas and Rural Service
Centres.

SP3 Economy Economic development will primarily be located in the

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Key and Smaller Regeneration Areas, with locally sustainable

employment opportunities being supported elsewhere. Sustainable
growth in the rural economy will be supported.

5.

SP4 Tourism Supports sustainable growth in high quality tourism and

proposal that increase the quality of existing tourism accommodation.

SP5 - Environment Offers support for proposals that protect, conserve

and / or enhance the Islands natural and historic environments, and to
protect the integrity of international, national and local designations.

DM2 - Design Quality for New Development Gives support to proposals

for high quality and inclusive design to protect, conserve and enhance the
existing environment whilst allowing change to take place. The policy
states that proposals will be expected to provide an attractive, functional
and adaptable built environment, optimise the potential of the site taking
into account constraints, be appropriately landscaped and compliment the
surrounding area.

DM8 Economic Development - The Council will support rural economic

development opportunities, the extension of existing employment sites in
sustainable locations and the conversion and re-use of existing buildings.

DM12 - Landscape, Seascape, Biodiversity and Geodiversity Supports

proposals that conserve, enhance, and promote the landscape,
seascape, biodiversity and geological interest of the Island.

DM14 - Flood Risk Development proposal will be expected to reduce

the overall and local risk of flooding on the Island.

Consultee and Third Party Comments

Internal Consultees

5.1

5.2

The Environmental Health Officer raises no objection. Acknowledges that the

premises are situated in relative close proximity to other residential properties,
with the nearest neighbour being just 30 metres from the premises, and their
outdoor space being only a few metres. The intended use includes a decked
area to the front of the development which could increase the amount of
people noise chatting etc. than is currently experienced. Whilst this does
cause Environmental Health some concern, the grant of this permission is not
fundamental to the use of outside space. As such Environmental Health
consider that refusal of the application on these grounds is not proportionate,
and should an issue arise in future consideration to that could be considered
via existing legislation.
The application does include a restaurant and as such a condition is
suggested which would cover the use of any kitchen extraction, to prevent
both odour and noise affecting the nearest neighbours.
The Ecology Officer raises no objection. Concerns have been raised by

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members of the public over the potential impact the application may have to
ecology (in particular over-wintering birds) at Hersey Nature Reserve. It is her
understanding the application is for a change of use from games room to bar
to serve only residents staying at the cottages and the provision of a raised
deck area. The property is used for tourism and has restriction for use in the
summer months only. The Ecology Officer has assessed the planning
application as submitted and information sent by members of the public. Due
to the nature of the planning proposals it is deemed that impacts to Hersey
Nature Reserve are unlikely.
5.3

Rights Of Way Officer raises no objection. The public footpath is in close

proximity, is relatively narrow and does get muddy and therefore some
concerns whether the addition of decking would contribute to water run-off to
this area. An informative is attached.
External Consultees

5.4

Natural England did contact the local planning authority in response to

members of the public contacting them and wanted to confirm that the Council
was taking into account potential impacts on the nearby designated areas.
This was confirmed and at the date of the submission of this report no further
comments from Natural England have been received.
Parish/Town Council Comments

5.5

Nettlestone and Seaview Parish Council have objected on the following

grounds:

Impact on nature reserve/designated sites causing potential disturbance

to migratory birds and wildlife;
Was originally given permission for store and not games room so not a
continued use;
Concerns of flooding;
Impact on neighbours - overlooking, loss of privacy and noise
disturbance.
Concerns that works have started and that these works may have
impacted on wildlife.

.
Third Party Representations
5.6

38 letters objecting to the application were received which raise the following
planning considerations as summarised below:

The building is too close to the existing properties approximately

13-20m from the boundaries;

Noise and disturbance to neighbours, including after the hours proposed

(staff clearing up, people going home);

Food odours from the buildings;

Path from the Wishing Well pub and camping site which is stated are
included under the applicants business interests this would increase
the number of visitors to the caf and thus more noise and disturbance

177

to neighbours [Case Officer Note: the agent has confirmed that the
applicant does not own these other sites and also a fence is being put
up to block this informal path between the two sites];
Close to nature reserve/designated wildlife areas impact from light and
noise;
Refers to a recently refused application for all-year round use of one of
the holiday bungalows within the overall site and also the new beach
huts further along The Duver refused for potential impact on wildlife
this should apply to the current application;
Understand the games room has not been used as such for some time.
No objection to the use of the building as a games room for residents
only, including soft drinks refreshment facilities, but object to the alcohol
license;
First floor not previously used as a games room for storage;
Decking would lead to further noise and disturbance;
Rear windows at first floor level submission states these would be
obscure glazed but still concerns of overlooking and windows being
opened and further noise from these windows;
Concerns of the use of the track leading from the Duver impact on
wildlife and safety concerns given this is close to the childrens
playground. Until recently this was gated off and vehicle access was via
Pond Lane. The use of this track would lead to increased noise and
disturbance, concerns of parking pressures along The Duver;
Additional vehicles for staff and deliveries;
Acknowledge the use of the facility would be for residents of the holiday
site only but queries how will this be practicable/manageable;
Flood water assessment in the submission is not totally correct and that
there has been flooding of the application site.

5.7

A number of comments are regarding concerns of the use of an existing track

through the site and that this would cause further disturbance, concerns of
impact on safety, on the nearby wildlife site. It is noted that this application
does not relate to this access, so that this does not form part of the
assessment (the application relates to an existing building in an existing
holiday park. Furthermore, this track was existing, whilst it may have been
restricted via a gate, this gate was within the site. Research into the planning
history has not raised any condition which prevents the use of this access
track. Therefore, whilst not being part of this application, it would not seem that
the use of this track has resulted in a breach of planning control.

5.8

Several comments have been received over the fact that Seaview already has
food and beverage outlets and the introduction of more competition is unfair
and detrimental to the others. It is noted that competition is not a material
planning consideration. It is also noted that the proposed caf unit is only for
the use of the occupiers of the holiday units.

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6.

Evaluation
Principle

6.1

The Island Plan Core Strategy identifies the application site as being situated
in the Wider Rural Area. Policy SP1 (Spatial Strategy) states that development
would not be supported outside of defined settlements unless a specific local
need is identified. Proposals for tourism related development will be supported
in accordance with Policy SP4.

6.2

Policies SP3 (Economy) and SP4 (Tourism), seek to ensure that development
proposals which can contribute to the Islands economy are supported. They
also seek to direct economic employment opportunities to the key settlements,
but accept that tourism can benefit the rural economy. Policy SP4 seeks to
support proposals that increase the quality of existing tourism destinations and
accommodation across the Island. SP4 also encourages proposals which will
contribute to a diverse and high-quality tourism offer, in line with the principles
of the Good Practice Guide for Tourism. Policy DM8 supports the conversion
and re-use of existing buildings.

6.3

Furthermore, in line with the NPPF this site would constitute a

"previously-developed" site, and development in principle could be acceptable.
The NPPF emphasizes the re-use of land and buildings for economic use over
residential uses in rural areas and the Good Practice Guide on Planning for
Tourism (2006) advises under Annex A Para 2.6 that derelict land and
buildings may be brought back into use and the countryside can be better
maintained. As such the use (and retrospective restoration) of the outbuilding,
subject to the right use, would be supported by these policy documents.

6.4

It is also clear from the case officers site visit that the overall site is being
improved with many of the bungalows being refurbished. The application
seeks to provide additional facilities for occupiers of the holiday units only (not
as a public facility) and thus an improvement in facilities for the tourist site.

6.5

The building is part of an overall holiday park offering self-catering units. The
building is located central to the overall site and relatively close to the
reception/office building. The applicant has stated that the two storey building
has historically been used as a games room, although third party comments
do suggest that this use may not have been for some time. There is also a
query as to whether the first floor was used as a games room. The Councils
Enforcement records suggest that the ground floor use is as a games room,
whilst some storage has taken place at first floor level. It is also noted that
existing plans submitted with a previous application indicate the use was a
laundry and stores and ground floor with offices and workshop at first floor.
Notwithstanding this difference in opinion of when and how the building has
been used, it is not disputed that the building has been used ancillary to the
main use of the established overall site as tourist accommodation. And
therefore, this assessment has to consider whether the alterations proposed

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would result in a material change of use of the site. The building has
historically been used in conjunction with the holiday park, sits centrally within
the holiday park and this holiday park is clearly defined as a planning unit with
boundaries around the overall site and the holiday cottages within it being of
an open planned nature i.e. the planning unit is the overall site edged in blue
on the submitted plans. Therefore, it is considered that the alterations
proposed to change the application building to a caf/restaurant use with
TV/computer room would not materially alter the planning unit therefore
there is a question whether there is even a formal change of use.
6.6

Whilst it is considered that there would not be a material change of use of the
overall site as a result of the proposed changes, some weight is given to the
fall-back position of what could be achieved under permitted development
rights. Recent changes to the Use Class legislation allow buildings with A1,
A2, A3, A4, A5, B1, D1 and D2 uses to change use for a single period of up
two years to A1, A2, A3 and B1 uses. A games room falls under a D2 use, so
could change to A3 without requiring planning permission (for two years).
Some third party comments suggest the building has been used as offices
which generally fall under B1, so could also fall within this permitted change.
As such, officers are satisfied that the principle of the use of the building for an
caf/restaurant ancillary to the overall tourist park is acceptable in this instance
subject to the detailed material planning considerations (below).
Size, siting and design

6.7

The proposal would alter internally the existing building but would not extend
the building itself. A large decking area would be provided, but given its use
and that it is within an established holiday park and also taking into
consideration that the land around the building is of a gravel hardstanding, it is
not considered these changes would have an adverse impact on the
landscape.
Impact of the development on neighbouring properties

6.8

It is acknowledged that the building is relatively close to residential properties

to the west and south-west the closest is approximately 25m away. There
are windows within the rear elevation facing these neighbours these have
recently been replaced, but are of the same size. Given the building is existing
and has been used ancillary to the overall holiday accommodation use of the
site and that there has historically been a games room, an objection on the
changes proposed is not raised this is taking into consideration the matters
discussed within the Principle section above.

6.9

The facility would be relatively small with only 30 square metres of customer
space on ground floor level the proposed caf area. It is noted that the
building would only be accessible to residents of the holiday park and not
available to the general public. Whilst a condition could not be attached to
restrict the use of the building to these users it would not meet the tests of
conditions set out in Planning Practice Guidance: Use of Conditions (could not

180

be enforceable, precise, or reasonable), a condition ensuring the facility would

be ancillary to the overall site would be and this would provide some control
over its use.
6.10

As discussed in the Principle section above, the use of this building in a

different way to how it has previously been used would not have a material
change of use of the planning unit the building would serve as an ancillary
function to the overall site. However, this planning application has included
conditions which would assist in minimising any impact on neighbouring
properties which include hours of operation and that the windows in the rear of
the building be obscure glazed and non-opening. The latter condition would
significantly reduce overlooking and also reduce any noise coming from this
part of the building. It is noted there are only two small windows serving the
kitchen and toilet on the lower floor (and an emergency exit door).

6.11

Many concerns have been submitted over the license for alcohol and that the
availability of alcoholic drinks would result in further noise and disturbance.
This is an area which would be controlled by the license. The Environmental
Health Officer has been consulted and has not raised an objection. It is also
noted that at the date of submission of the case officers report, the Licensing
application had not yet been determined (or the officer report published),
however, it was the case officers understanding that the recommendation
would be to accept the operating hours applied for.

6.12

The building would include a restaurant/caf and as such a condition is

imposed for further details of the foods to be served/prepared on site and
extraction points which would cover the use of any kitchen extraction, to
prevent both odour and noise affecting the nearest neighbours.

6.13

It is noted that there would be a relatively large decking, but this would be to
the front of the building the other side from the residential dwellings. The
Environmental Health Officer does raise some concerns over potential noise
from this area through people noise chatting etc. however, Environmental
Health state that the grant of this permission is not fundamental to the use of
outside space. As such Environmental Health consider that refusal of the
application on these grounds is not proportionate, and should an issue arise in
future consideration to that could be considered via existing legislation.

6.14

Further consideration also has to be taken over the fall-back position. There
are no planning controls which could control the applicant putting tables and
chairs on the hardstanding outside of the building and putting up a fence
around it for use in conjunction with the building. Again, given the current
established use of the site as a holiday park, a reason for refusal based on this
could not be raised. Furthermore, any noise issues relating from the use of this
building would be covered by other legislation (e.g. Environmental Health), and
the terms of the license (the conditions attached to the license would also
restrict and control its use). Given the above, it is considered that a reason for
refusal of neighbour impact could not be raised and that this planning
application allows controls to the building to minimise impacts on the
neighbours which back onto the site close to the building. It is also noted that

181

other legislation would be able to control noise resulting from the building (i.e.
environmental Health legislation and/or the license for alcohol consumption).
Flood Risk
6.15

The site is located within Flood Zones 2 and 3 and thus is in an area as having
a high probability of flooding. However, the proposal is to alter an existing
games room and there are no proposals to increase the size of the building,
although a decking would be added. Given the use of the overall site would not
change, that the building would continue to function along similar lines as it is
currently (as a facility for users of the holiday park) and is not getting any
larger, a reason for refusal on this issue is not raised.
Ecology/Wildlife

6.16

It is noted that relatively close to the building to the west is nature reserve and
designated RAMSAR Site and Site of Special Scientific Interest (SSSI). A
number of comments have been received that the proposal would result in an
adverse impact on wildlife within this designation. The Ecology Officer has
been consulted and notes the restriction on the use of the holiday cottages
over winter months and also acknowledges that the building sits within an
established holiday park. The Ecology Officer has taken into account the
comments made by third parties and considers that there would not be an
adverse impact on wildlife, the nature reserve and designated land. It is also
noted that whilst Natural England have contacted the Council regarding the
application, they have not raised an objection. However, it is considered
appropriate to attach a condition that the facility is restricted in use for the
same period as the holiday cottages.
Access

6.17

It is noted that this application relates to an existing building within the holiday
park and is an on-site facility only for the use of the residents. As such, it is not
considered that the proposal would intensify the use of the site i.e. it would
not generate further traffic (other than some deliveries). As such, the Highway
Engineer was not consulted. However, a number of comments have been
received over the recent use of an access leading from The Duver to the site.
This does not make up part of this application and as stated above, research
into the planning history of the overall site has not found any planning
conditions which restrict the use of this existing access. It is noted that the
Highway Engineer did not raise an objection to the intensification of this
access on planning application P/01309/14. Whilst this only related to allyear
round use of one of the bungalows, it is noted that his comments stated that
the required visibility splays are achieved and that there is a satisfactory
access width is present, concluding that as there are no highway issues with
the existing access, the Highways Engineer has no objections to the intended
increase in use.

182

7.

Conclusion

7.1

Given the above, and with the imposition of appropriate conditions, it is

considered that the use of the application building edged in red on the
submitted plans as a caf/restaurant, TV and Internet facility for holiday guests
of the overall holiday accommodation park would not have an adverse impact
on neighbouring properties, on the nearby nature reserve/designated wildlife
sites, not would have an adverse impact on the landscape. It is also
considered the suggested conditions would work in connection with the
conditions imposed with the premises license application. As such the
proposal is recommended for approval.

8.

Recommendation

8.1

Conditional permission.

9.

Statement of Proactive Working

9.1

In accordance with paragraphs 186 and 187 of the NPPF, the Isle of Wight
Council take a positive and approach to development proposals focused on
solutions to secure sustainable developments that improve the economic,
social and environmental conditions of the area in the following way:
1. The IWC offers a pre application advice service
2. Updates applicants/agents of any issues that may arise in the

processing of their application and suggest solutions where possible

In this instance the applicant did seek pre-application advice and was updated
of any issues after the initial site visit which resulted in the submission of
further information.
Conditions/Reasons:
1

The development hereby permitted shall be carried out and maintained in

complete accordance with the details shown on the submitted plans, numbered
300/VW/15/1; 300/VW/15/2.
Reason: For the avoidance of doubt and to ensure the satisfactory
implementation of the development in accordance with the aims of Policies SP1
(Spatial Strategy), SP4 (Tourism), SP5 (Environment), DM2 (Design Quality for
New Development), DM8 (Economic Development), DM12 (Landscape,
Seascape, Biodiversity and Geodiversity), DM14 (Flood Risk) of the Island Plan
Core Strategy.

The use of the application building edged in red on the submitted plans as a
caf/restaurant, TV and Internet facility for holiday guests of the overall holiday
accommodation park hereby approved shall not be used after 11pm or before
8am.

183

Reason: To comply with Policy DM2 (Design Quality for New Development) of
the Island Plan Core Strategy.
3

The use of the application building edged in red on the submitted plans as a
caf/restaurant, TV and Internet facility for holiday guests of the overall holiday
accommodation park shall not be used between 31 October and 1 March unless
otherwise agreed in writing by the Local Planning Authority.
Reason: In the interest of the amenities of the neighbouring properties, to
prevent any unnecessary disturbance to migratory birds which use Hersley
Nature Reserve, the SSSI, SPA or RAMSAR and to comply with the
requirements of the Conservation (Natural Habitats) Regulations 1994 and
Policies SP5 (Environment) and DM12 (Landscape, Seascape, Biodiversity and
Geodiversity) of the Island Plan Core Strategy.

Before the first use of the application building edged in red on the submitted
plans as a caf/restaurant, TV and Internet facility for holiday guests of the
overall holiday accommodation park, the windows in the first floor south east
(rear) elevation shall be fitted with purpose made obscured glazing and shall
remain permanently fixed shut and shall be permanently retained in that
condition thereafter.
Reason: To safeguard the residential amenities of neighbouring properties in
accordance with Policy DM2 (Design Criteria for New Development) of the
Island Plan Core Strategy.

Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) Order 1995 as amended by the Town and Country
Planning (General Permitted Development) (Amendment No 2) Order 2008, no
windows/dormer windows or similar openings [other than those expressly
authorised by this permission] shall be constructed in the elevations or roof
slopes of the development hereby approved.
Reason: To safeguard the residential amenities of neighbouring properties in
accordance with Policy DM2 (Design Criteria for New Development) of the
Island Plan Core Strategy.

Intended range of foods to be prepared and sold at the premises together with a
plan showing the emission point to atmosphere of any proposed extract and the
elevations of nearby premises. (i.e. any building within the distance of 5 times
the proposed chimney height). The use hereby permitted shall not commence
until these measures have been completed by the applicant, agreed in writing by
the Local Planning Authority. Any odour control measures specified by the
Local Planning Authority shall be maintained thereafter in the premises whilst
the use continues.
Reason: To prevent annoyance and disturbance from odour and noise
emissions from the kitchen extraction at the premises and in accordance Policy
DM2 (Design Criteria for New Development) of the Island Plan Core Strategy.

184

The outbuilding edged in red on the submitted plans shall be used only for
purposes ancillary to the overall holiday accommodation park edged in blue on
the submitted plans, and as such shall not be sold off separately or otherwise
disposed of on a long-term basis unless the express written consent of the Local
Planning Authority is obtained.
Reason: In the interests of the amenities of the area and to comply with policy
DM2 (Design Quality for New Development) of the Island Plan Core Strategy.

Informative
The applicant is advised that any works, including the decking, should not result in water
run-off towards the public right of way (to the rear of the building).

185

91600N

91500N

91400N

462200E

462100E

462300E

462300E

462500E

462500E

P/00187/15 - TCP/32118/A
The Salterns Village Cottages,
Salterns Road, Seaview, PO34 5AQ

462400E

462400E

462600E

462600E

462700E

462700E

91400N

Scale 1:2500

462200E

462100E

91500N

91300N

91600N
91300N

186

06

Reference Number: P/01742/11 - TCP/07601/G

Parish/Name: Newport - Ward/Name: Newport Central
Registration Date: 06/12/2011 - Full Planning Permission
Officer: Hayley Byrne Tel: (01983) 823552
Applicant: Nabab Restaurant
Retention of extraction system ducting and walkway with guardrail
(Revised plans)
Nabab Restaurant, 84 St. James Street, Newport, Isle of Wight, PO301LG
The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This application has been referred to the Planning Committee at the request of the
adjoining Local Ward Member based upon concerns regarding loss of privacy. The
Local Ward member for the area declined to comment on the application due to the
proximity of the application site to her business premises.

MAIN CONSIDERATIONS

Principle
Impact on neighbouring residential properties as a result of potential overlooking
from the walkway and as a result of noise and smell from the extraction system
Impact on the character and appearance of the surrounding area as a result of the
walkway and extraction system

1.

Details of Application

1.1

This is a full planning application for the retention and completion of an

extraction system in connection with the use of the ground floor as a
restaurant and the retention of a walkway above the ground floor flat roofed
extension believed to be the only means of accessing the 1st and 2nd floor
flat.

1.2

The walkway travels a distance of approximately 19 metres across the

existing large flat roofed extension at the rear of the building; the walkway is
accessed by a metal staircase at the end of the extension and culminates at
the door to the residential flat above the restaurant.

1.3

The walkway currently consists of a galvanised steel handrail with galvanised

steel posts spaced approximately 1 metre apart, in order to close the gaps
between these posts and therefore comply with building regulations, sheets
of boarding have been tied to the posts, resulting in a both a temporary and

187

unattractive appearance. Should the walkway be approved it is proposed to

replace the existing boarding with vertical metal railings spaced at 100mm
intervals. The existing handrail and posts would then be painted black,
which could be conditioned, should consent be granted.
1.4

Consent is also sought for the retention and completion of ducting in

connection with an extraction system serving the restaurant kitchen. The
existing system is substandard in that it does not contain sufficient filtration
given that the air discharges at 1st floor level. The applicant therefore
proposes to add two additional units, in the form of boxes that bolt onto the
existing ducting which would provide additional filtration ensuring fumes from
the system are significantly reduced. In addition a deflector plate would be
added to the end of the ducting to ensure discharging air is directed upwards
away from neighbouring properties.
The existing ducting consists of two units sited on the flat roof alongside the
walkway; one unit is approximately 2.8 x 0.5 metres, with the additional
section this would increase to 3.6 metres in length, sitting approximately 0.9
metres above roof level. The other unit is approximately 1.8 x 0.5 metres
and again sits approximately 0.9 metres above the level of the roof

2.

Location and Site Characteristics

2.1

The site is located within the town centre boundary but outside of the retail
only frontage and is within the Newport Conservation Area. The area is
characterised by high density development in the form of terraced two and
three storey properties with commercial premises at ground floor and flats
above. The associated amenity areas, if any, are small courtyard areas or
roof terraces.

2.2

The application site is a mid-terraced three storey building with an existing

restaurant / takeaway use at ground floor with residential above. The
ground floor has previously been extensively extended to the rear by mean of
a large flat roofed extension, as have many of the properties in the direct
locality. The premises back onto a small parking area with garages. Due to
the proximity of buildings to each other there is a great deal of mutual
overlooking in the area.

3.

Relevant History

3.1.

P/02543/04 TCP/07601/D Change of use of 1st floor office

accommodation to additional restaurant area and construction of emergency
escape walkway and stairs. Approved July 2005.

3.2

The above change of use of the second floor was never implemented,
however the emergency escape walkway was but not until after the 2004
consent had lapsed. It should be noted that when consent was originally
granted for the walkway, no condition was added ensuring that it could only
be used for emergency purposes. In addition since the walkway was added it
is believed that the internal staircase leading from the ground floor to the 1st

188

floor has also been removed making the external walkway the only way of
accessing the flat, confirmation has been sought from the agent in this regard
however none has been forthcoming.
4.

Development Plan Policy

National Planning Policy

4.1.

National Planning Policy Framework (NPPF) constituted guidance for local

planning authorities and decision-takers. At the heart of the NPPF is a
presumption in favour of sustainable development.

4.2

The NPPF sets out three roles (economic, social and environmental) that
should be performed by the planning system. The Framework states that
pursuing sustainable development involves seeking positive improvements in
the quality of the built, natural and historic environment, as well as in peoples
quality of life, including (but not limited to):

replacing poor design with better design

improving the conditions in which people live, work, travel and take
leisure

Local Planning Policy

4.3

The Island Plan core Strategy identifies the site as being within the defined
settlement boundary of Newport. The following policies are considered
relevant to this application:

SP1 - Spatial Strategy - Supports development on appropriate land

within or immediately adjacent the defined settlement boundaries of the
Key Regeneration Areas, Smaller Regeneration Areas and Rural
Service Centres.

DM2 - Design Quality for New Development Gives support to

proposals for high quality and inclusive design to protect, conserve and
enhance the existing environment whilst allowing change to take place.
The policy states that relevant information relating to the site size,
location and context is required and that proposals will be expected to
provide an attractive, functional and adaptable built environment,
optimise the potential of the site taking into account constraints, be
appropriately landscaped and compliment the surrounding area.

DM11 - Historic and Built Environment Supports proposals that

positively conserve and enhance the special character of the Islands
historic and built environment.

189

5.

Consultee and Third Party Comments

Internal Consultees

5.1

The Councils Environmental Health Officer objects to the extraction system

as currently installed as it falls well below current DEFRA standards.
However the proposed system which would include two additional units of
filtration would be a vast improvement on the existing system. The advice
from the Environmental Health officer is that the proposed adapted system
should be accepted due to the fact that the premises have operated as a
restaurant for 3 decades and that there are substantial constraints in place as
to the type of system that can be installed due to its location.
External Consultees

5.2

None
Parish / Town Council comments

5.3

Newport Parish Council raise no objection

Third party Comments

5.4

One letter of objection has been received. The reason for the objection can
be summarised as follows:

6.

Loss of privacy as a result of people using the walkway

Noise and odour pollution as a result of the extraction fans

Evaluation
The principle of the development

6.1

The site is located within the defined settlement and town centre boundary
for Newport and relates to an existing restaurant at ground floor level with
residential flats above. The broad principle of development in connection with
this use is therefore considered to be acceptable.
Impact on the character and appearance of the area

6.2

The existing walkway appears unsightly due to the railings and boarding
currently in place. The proposal seeks to replace the boards with further
posts which would then be painted black; this would greatly improve the
visual appearance of the walkway and would ensure that it would be in
keeping with other railings such as those around the first floor roof terrace on
the neighbouring property.

6.3

With regards to the proposed additional ducting/equipment, associated with

the extraction system, this is fairly standard in design. The site is within the
town centre boundary where uses such as restaurants and takeaways are

190

prevalent; as such extraction ducts and flues are commonplace. The

extraction system as installed does not therefore appear out of keeping nor
would the proposed slightly larger system.
6.4

Whilst the property is within a designated conservation area, the rear of these
commercial premises are of little architectural merit, particularly given that
there are several restaurants and takeaways in the area. The rear is
characterised by large flat roofed areas, some of which form roof terraces.
In addition there are various extraction ducts and flues as well as air
conditioning vents and roof lights. The area is of a very functional rather
than attractive appearance, neither the walkway as proposed, once the
boarding has been removed, or the extraction system as proposed would
have a detrimental impact on the appearance of the area.

6.5

With regards to the walkway, whilst this has been created and is useable, it
has not been finished and currently appears unsightly with large panels of
white boarding tied to galvanised steel posts. The proposal seeks to replace
these sheets of boarding with additional posts. The posts and balustrading
would then be painted black; this treatment would be more in keeping with
other roof terraces and staircases in the area and would certainly be an
improvement on the existing situation.
Impact on neighbouring properties

6.6

Concerns have been raised with regards to loss of privacy as a result of the
proposed walkway. However, it should be noted that there is a great deal of
mutual overlooking in the area due to the proximity of buildings to each other.
In addition there are various roof terraces that would potentially be even
more intrusive due to the use of these as amenity areas rather than just
access routes. Therefore it is not considered that the walkway increases the
overlooking or perception of being overlooked to an unacceptable level.

6.7

Third party representations have also been received claiming that the
extraction system causes noise and odour pollution. The Environmental
Health officer has confirmed the existing discharge point of the duct
immediately above the ground floor flat roof is unacceptable and that the
existing level of carbon filtration is insufficient. The applicants have two
available options, the first being to increase the ducting so that it discharges
above the eaves level of the main building. This option has already been
discounted due to the constraints of the building and the vast amount of
additional ducting that would be required in order to negotiate the roof and
travel up the rear of the 1st and 2nd floor. Despite the functional
appearance of the area this level of ducting would undoubtedly have a
detrimental impact on the appearance and amenities of the area. The
second option would be to incorporate further filtration units which would
ensure that cleaner air would be discharged, obviating the need to dispel
above eaves level. Information demonstrating how this additional filtration
would affect the appearance of the system has been requested and has now
been submitted demonstrating that the additional impact in terms of
appearance would be minimal.

191

6.8

This additional information has been considered by the Environmental Health

Officer and he duly confirms that the installation of the additional filtration
units would reduce the impact on neighbours to an acceptable level; this can
be controlled through conditions.

7.

Conclusion

7.1

In reaching the decision to grant planning permission account has been

taken of the National Planning Policy Framework and policies of the Island
Plan Core Strategy.
The site is situated within the Town Centre boundary for Newport. The
proposal would therefore meet the sustainable development aims and
objectives of SP1.
Both the proposed walkway and the proposed extraction system would be
proportionate in design and scale to the existing building and surrounding
area and would have minimal impact on neighbouring residential properties
and would therefore comply with the requirements of policies DM2 and DM11
of the Island Plan Core Strategy.
For the above reasons and having had regard to all relevant material
considerations, it is concluded that the proposal would fully conform with the
provisions of the Development Plan.

8.

Recommendation

8.1

Both the walkway and the extraction system as proposed are recommended
for conditional permission.

9.

Statement of Proactive Working

In accordance with paragraphs 186 and 187 of the NPPF, the Isle of Wight
Council takes a positive approach to development proposals focused on
solutions to secure sustainable developments that improve the economic,
social and environmental conditions of the area in the following way:
1.

The IWC offers a pre-application advice service

2.

Updates applicants/agents of any issues that may arise in the

processing of their application and suggest solutions where possible
In this instance:Further information was required with regards to improvements to the
extraction system. Once submitted the application was considered to
be acceptable.

192

Conditions/Reasons:
1

Within one month of the date of this decision notice the railings on the walkway
hereby permitted shall be altered in accordance with drawing number D3 and
shall be painted black, and shall be retained and maintained to this specification
thereafter.
Reason: in the interests of the amenities of the area and to comply with Policy
DM2 (Design Quality for New Development) of the island Plan Core Strategy.

Within 2 months of the date of this decision notice, the additional filtration units
and deflector plate as shown on drawing number D3 shall be installed, the
system as approved shall be retained and maintained thereafter unless
otherwise agreed in writing with the Local Planning Authority
Reason: in the interests of the amenities of the area and to comply with Policy
DM2 (Design Quality for New Development) of the island Plan Core Strategy.

193

89000N

88950N

88900N

449750E

449700E

449800E

449800E

449900E

449900E

P/01742/11 - TCP/07601/G
Nabab Restaurant, 84 St James Street,
Newport

449850E

449850E

449950E

449950E

450000E

450000E

88900N

Scale 1:1250

449750E

449700E

88950N

88850N

89000N
88850N

194

07

Reference Number: P/00298/15 - TCP/06235/J

Parish/Name: Bembridge - Ward/Name: Brading, St Helens and
Bembridge
Registration Date: 11/03/2015 - Full Planning Permission
Officer: Hayden Marsh Tel: (01983) 823552
Applicant: Mrs G Donnelly
Retention of replacement decking
33 Foreland Fields Road, Bembridge, Isle of Wight
The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The local ward member has requested that this application is considered by the
planning committee for the following reasons:

The area of decking is twice the size of the decking it replaced

The decking encroaches onto the sea wall and public footpath
The decking is visually intrusive and highly dominant
The decking is out of character with the modest surrounding properties and
visually out of line with neighbouring frontages.

MAIN CONSIDERATIONS

The principle of development

Impact on the character and appearance of the area
Impact on neighbouring amenity

1.

Details of Application

1.1.

The application is for the retention of replacement decking at 33 Foreland

Fields Road, Bembridge. The decking is adjacent to an existing beach hut
which forms part of the curtilage of the application property, and faces onto
the sea.

1.2

The decking at the front has a width of approximately 16 metres, and a depth
from the front of the beach hut of 4.3 metres. The height of the decking is
shown at 2.1 metres from the bottom of the pillars, which are at coastal
footpath level, to the decking level.

1.3

The decking is shown to have a safety balustrade round the front and side
elevations, which would be on wooden poles of 1.1m in height. The
materials of the decking are predominately timber, with wire mesh between

195

the poles forming the balustrade. Recently the decking has been partly
stained in dark grey, on the bottom half with the pillars that connect to the
coastal footpath.
2.

Location and Site Characteristics

2.1

The application site consists of a detached dwelling on a large plot of land,

with the decking adjoining a beach hut located down the Coastal Slope from
the dwelling towards the beach/sea.

2.2

The focus of this proposal is the beach hut and decking to the south of the
application dwelling, facing towards the Sea. The application site is within
an Area of Outstanding Natural Beauty, and on the edge of Flood Zones 2
and 3 as designated in the Island Plan Core Strategy.

2.3

The surrounding area has other chalets/beach huts facing onto the coastal
path and beyond, some of which also have decking areas for the amenity of
the owners.

3.

Relevant History

3.1.

P/00763/07 - Demolition of beach hut; replacement beach hut. Granted 9

May 2007
P/00164/05 - Retention of refurbished and extended beach hut; raised
decking and retaining wall. Granted 22 March 2005

4.

Development Plan Policy

4.1.

National Planning Policy

National Planning Policy Framework (NPPF) constituted guidance for local
planning authorities and decision-takers. At the heart of the NPPF is a
presumption in favour of sustainable development.
The NPPF sets out three roles (economic, social and environmental) that
should be performed by the planning system. The Framework states that
pursuing sustainable development involves seeking positive improvements in
the quality of the built, natural and historic environment, as well as in peoples
quality of life, including (but not limited to):

4.2

replacing poor design with better design

improving the conditions in which people live, work, travel and take
leisure

Local Planning Policy

The Island Plan Core Strategy identifies the site as being partly within, and
immediately adjacent to the defined settlement boundary of Bembridge. The
following policies are considered relevant to this application:-

196

SP1 - Spatial Strategy - Supports development on appropriate land

within or immediately adjacent the defined settlement boundaries of the
Key Regeneration Areas, Smaller Regeneration Areas and Rural
Service Centres.

SP5 Environment Supports proposals that protect, conserve and/or

enhance the Islands natural and historic environments.
All
developments will be expected to take account of the environmental
capacity of an area to accommodate new development, and to
contribute to environmental conservation and enhancement.

DM2 - Design Quality for New Development Gives support to

proposals for high quality and inclusive design to protect, conserve and
enhance the existing environment whilst allowing change to take place.
The policy states that relevant information relating to the site size,
location and context is required and that proposals will be expected to
provide an attractive, functional and adaptable built environment,
optimise the potential of the site taking into account constraints, be
appropriately landscaped and compliment the surrounding area.

DM12 Landscape, Seascape, Biodiversity and Geodiversity

Supports proposals that conserve, enhance and promote the landscape,
seascape, biodiversity and geological interest of the Island.

DM14 Flood Risk Will expect development proposals to reduce the

overall and local risk of flooding on the Island.
Bembridge Neighbourhood Development Plan

EH.1 Built Environment New development will be expected to

respond positively to the local character of its environment. New
development must demonstrate a high quality of design and a high
standard of amenity for existing and future occupants of the land.

D.1 Design Criteria New development proposals will be expected to

be of a design which complements and enhances the prevailing size,
height, scale, mass, materials, layout, density and access of the existing
surrounding development.

5.

Consultee and Third Party Comments

5.1

Internal Consultees
No Responses

5.2

External Consultees
Environment Agency No Objections
Area of Outstanding Natural Beauty Partnership No Comment

197

Parish/Town Council Comments

Bembridge Parish Council Recommend Refusal.
grounds:

5.3

On the following

Property is in an AONB area, adjacent to a SSSI area and clearly visible

from a public footpath.
This is not a replacement of decking but a complete rebuild appearing to
be three times the previous size.
The decking is over dominant and completely out of character for the
area.
The plans do not show the surrounding area. Looks better now the
base has been cladded.

Third Party Representations

No Objections

6.

Evaluation

6.1

The principle of development

The decking is in principle acceptable in this location. Decking is an
established and consistent feature in coastal areas, particularly Bembridge.
Properties and chalets facing the Sea will often have decking to enable
enjoyment of the views towards the English Channel. The decking is fairly
standard in design and materials and is an appropriate form of development
in this location.

6.2

Impact on the character and appearance of the area

The decking is acceptable in terms of its size, scale and bulk. It is not a new
feature in this location, just an increase in size of the pre-existing decking at
this site. The decking is well proportioned in relation to the existing beach
hut, and is not at too much of a raised level in comparison with the coastal
footpath it adjoins. The decking does not harm the amenity of the Area of
Outstanding Natural Beauty. It does not detract from the character of this
area, and is not a converse construction in a coastal location. There are
other decking areas in the vicinity, and though the decking at the application
site maybe larger, the dark staining which has already been started will help it
to submerge into the character of its surroundings. The decking will
eventually be completed in a dark grey colour which is typical of cladding and
decking in this location. Therefore, the proposal complies with Policies SP5
(Environment), DM2 (Design Quality for New Development) and DM12
(Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core
Strategy. The decking also complies with Policies EH1, D1 and D2 of the
Bembridge Neighbourhood Development Plan.

198

6.3

Impact on neighbouring amenity

The decking does not cause any increased overlooking of the neighbouring
chalets, beach huts and decking areas. Therefore, there is no serious
detrimental impact upon neighbouring amenity through the increase in size.
This proposal complies with Policy DM2 (Design Quality for New
Development) of the Island Plan Core Strategy in regard to impact upon
neighbouring amenity.

7.

Conclusion

7.1

Having considered the above material planning considerations, the proposal

is considered acceptable in terms of principle, impact on character and
appearance of the area and impact upon neighbouring amenity. Therefore,
the decking complies with Policies SP1 (Spatial Strategy), SP5
(Environment), DM2 (Design Quality for New Development) and DM12
(Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan
Core Strategy. The decking also complies with Policies EH1, D1 and D2 of
the Bembridge Neighbourhood Development Plan.

8.

Recommendation
Conditional Permission

9.

Statement of Proactive Working

In accordance with paragraphs 186 and 187 of the NPPF, the Isle of Wight
Council takes a positive approach to development proposals focused on
solutions to secure sustainable developments that improve the economic,
social and environmental conditions of the area in the following way:
1. The IWC offers a pre-application advice service
2. Updates applicants/agents of any issues that may arise in the

processing of their application and suggest solutions where possible

In this instance:The application was acceptable as submitted and no further assistance was
required.
Conditions/Reasons:
1

The development hereby permitted shall only be carried out in complete

accordance with the details shown on the submitted drawing numbered 37:1
Rev A dated 11 March 2015 as stamped by the Local Planning Authority.
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.

199

Within 3 months of this decision the decking area shall be finished in a dark grey
colour, and shall remain as such thereafter.
Reason: In the interests of the amenities of the area and to comply with policy
DM2 (Design Quality for New Development) of the Island Plan Core Strategy.

200

465450E

465400E

465500E

465500E

P/00298/15 - TCP/06235/J
33 Foreland Fields Road,
Bembridge, PO35 5TR

465550E

465550E

465600E

465600E

465650E

465650E

465700E

465700E

87250N

Scale 1:1250

465450E

465400E

87300N

87400N

87350N

87300N

87250N

87350N

87200N

87400N
87200N

201

08

Reference Number: P/00179/15 - TCP/20177/D

Parish/Name: Sandown - Ward/Name: Sandown North
Registration Date: 18/02/2015 - Full Planning Permission
Officer: Stuart Van-Cuylenburg Tel: (01983) 823552
Applicant: Sandown Bowls and Sports Club (1926) Ltd
Demolition of clubhouse; proposed new clubhouse; construction of 2.4m
high boundary fencing; installation of timber posts to define parking
spaces for bowling club (revised plans)(revised description)(readvertised
application)
Sandown Bowling Club, Sandham Grounds, Culver Parade, Sandown, Isle
of Wight
The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The application relates to land owned by the Council and so the Constitution requires
that the application is determined by the Planning Committee.

MAIN CONSIDERATIONS

Impact on the character and appearance of the area

Impact on the use and enjoyment of Sandham Gardens
Flood risk

1.

Details of Application

1.1.

The application seeks to replace the existing clubhouse with a new

clubhouse building, erection of fencing to define the enlarged grounds of the
bowling club to accommodate it, and the installation of a number of timber
posts to defined the parking area for the bowling club.

1.2

The new clubhouse building would be single storey and would have a simple
rectangular form with a low pitched roof. The building would be located in a
similar position to the existing clubhouse at the western end of the bowling
clubs grounds but the new building would have a significantly greater
footprint, with a width of 27 metres and a depth of 9 metres. The existing
clubhouse building has a width of 12.5 metres and a depth of 5.5 metres. The
new building would have an eaves height of about 3 metres and a ridge
height of almost 5 metres. The submitted plans indicate that this building
would have walls clad externally with Hardiplank and the roof covered with
Onduline sheeting or similar material.

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1.3

The fencing proposed would extend to the south, west and north of the
proposed new building and would link to the existing northern and southern
boundaries of the bowling club grounds. The fencing would be 2.4 metres in
height and of a metal weldmesh style to match the existing fencing at the
site.

1.4

The proposal also includes for the installation of a number of 1 metre high
timber posts to define the extent of the parking area to be used by the
bowling club. This area is relatively informal at present comprising a grassed
area bound by existing trees and hedges at the edge of Sandham Gardens
and Fort Street car park. The proposal seeks to incorporate 9 existing
parking spaces at the northeastern end of Fort Street car park into this
parking area for the club. The submitted plans indicate that the timber posts
would match those existing in this area.

2.

Location and Site Characteristics

2.1

The application site relates to two separate areas within Sandham Gardens,
totalling 0.4 hectares. The existing bowling club site at the northern end of
the gardens and the existing informal parking area for the club plus a number
of existing parking spaces within Fort Street Car Park adjacent to this, which
are located to the west of Sandham Gardens.

2.2

The site is bounded to the north by Fort Holiday Park and existing fields, to
the west by Fort Street car park, to the south by Culver Parade and the
beach and to the east is Dinosaur Isle. This is a seaside location that has a
leisurely and spacious character and feel. The site is located within The Bay
Key Regeneration Area and partially within and outside, but adjacent to its
defined settlement boundary. The site is within Flood Zone 3.

3.

Relevant History

3.1

TCP/20177: Siting of 2 portaloos: temporary planning permission granted

3 July 1989

3.2

TCP/15675: Club house: planning permission granted 7 August 1975.

4.

Development Plan Policy

National Planning Policy Framework

4.1

At the heart of the NPPF is a presumption in favour of sustainable

development, which for decision-taking means approving development
proposals that accord with the development plan without delay or where the
development plan is absent, silent or relevant policies are out-of-date,
granting permission unless any adverse impacts of doing so would
significantly or demonstrably outweigh the benefits or specific policies in the
NPPF indicate development should be restricted.

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4.2

Paragraph 17 of the framework sets out a number of core planning principles,

which include:

Proactively drive and support sustainable economic development.

Always seek to secure high quality design and a good standard of
amenity for all existing and future occupants of land and buildings.
Take account of the different roles and character of different areas.
Support the transition to a low carbon future in a changing climate,
taking full account of flood risk and coastal change, and encourage the
reuse of existing resources, including conversion of existing buildings,
and encourage the use of renewable resources.
Encourage the effective use of land by reusing land that has been
previously developed.
Take account of and support local strategies to improve health, social
and cultural wellbeing for all, and deliver sufficient community and
cultural facilities and services to meet local needs.

Island Plan Core Strategy

4.3

The application site is located within and outside, but adjacent to the defined
settlement boundary but within The Bay Key Regeneration Area. The
following policies are relevant to this application:

Policy DM2 states that the Council will support proposals for high quality
design to protect, conserve and enhance the environment whilst
allowing change to take place. It requires development proposals to
provide an attractive, functional, accessible, safe and adaptable built
environment with a sense of place, to optimise the potential of the site
but have regard to existing constraints, and to complement the character
of the surrounding area.

Policy DM7 explains that the Council will support development proposals
that improve cultural, educational, leisure and community facilities and
expects development proposals to:

Consider the needs and requirements of all people in the

community.
Create opportunities to provide multi-use facilities for greater
community benefit.
Encourage appropriate intensification of existing facilities.
Ensure that that provision of social and community infrastructure is
accessible by walking, cycling and, wherever possible, public
transport.
Be located within defined settlement boundaries, unless it can be
demonstrated that an alternative location would be more suitable to
fulfil a local need.

Policy DM14 expects development proposals to reduce the overall and

local risk of flooding on the Island.

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5.

Consultee and Third Party Comments

Internal Consultees

5.1

The Councils Tree Officer has confirmed that no trees of high amenity would
be impacted by the proposed development.

5.2

The Councils Emergency Management Team has no objections provided the

Isle of Wight Fire and Rescue Service is consulted and is satisfied with any
rescue implications and that a Flood Warning and Evacuation Plan is
prepared for the site.
External Consultees

5.3

The Environment Agency has no objections.

Town Council Comments

5.4

Sandown Town Council supports the application on the grounds that the
development would enhance the area.
Third Party Representations

5.5

2 local residents have written in support of the application on the basis that
the development would attract visitors and would enhance the existing club.

6.

Evaluation
Impact on the character and appearance of the area

6.1

The new building and fenced enclosure would enhance the club's facilities
and the appearance of the site, when taking into consideration the age and
condition of the current clubhouse. Furthermore, because of the location of
the bowling club away from Fort Street and Culver Parade, the low level of
Sandham Gardens and the size and scale of the new building, it is
considered that the development proposed would not be visually prominent
or obtrusive when viewed from surrounding roads or the wider area.

6.2

The proposed 1m high timber posts to edge a grassed area between Fort
Street car park and the skateboard park are already present in this area and
at the edge of the car park. The proposed installation of these low key
boundary features would not appear incongruous or harmful.

6.3

Given the above, it is considered that the proposed development would

maintain and enhance the character and appearance of the area in
accordance with the aims of policy DM2 of the Core Strategy.
Impact on the use and enjoyment of Sandham Gardens

6.4

As discussed above the proposed development would enhance the use of

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Sandham Gardens for members of the bowling club and would improve the
facilities offered at this site and within Sandham Gardens. Although the
bowling club grounds would be extended to accommodate the larger building
and fenced off, this is in line with other facilities provided within this area of
open space and would not preclude use of the main areas of the grounds
used by the public. Therefore, it is concluded that the proposed development
would not prejudice the use and enjoyment of Sandham Gardens as a public
area of open space.
Flood risk
6.5

The application site is located in Flood Zone 3. The bowling club use would
be "water-compatible" development as classified within the NPPF's technical
guidance. The proposed clubhouse would replace an existing clubhouse and
would not significantly increase the risk of flooding to the site or surrounding
land. The Applicant has submitted a Flood Risk Assessment (FRA) which
sets out flood proofing measures to be incorporated into the design of the
building, including ensuring that the floor level of the new building would not
be lower than the existing building. The FRA also states that the club would
prepare a flood emergency plan and sign up to the Environment Agency's
flood warning service. Provided the measures set out in the FRA are
followed, it is considered that the development and users of the development
would be at no greater risk than users of the existing bowling club site and
that the development would comply with the aims of policy DM14 of the Core
Strategy and the NPPF.

6.6

Given that the proposal would not significantly increase flood risk at the site
and is considered to fall within the category of a water-compatible use, it
was not considered necessary to consult with the Fire and Rescue Service in
this instance.

7.

Conclusion

7.1

For the above reasons, it is considered that the proposal would maintain and
enhance the character and appearance of the area, it would not prejudice or
harm the use of Sandham Gardens, and it would not exacerbate flood risk to
the site or surrounding land. Therefore, it is concluded that the proposal
would comply with the provisions of the Development Plan.

8.

Recommendation

8.1

Conditional permission.

9.

Statement of Proactive Working

9.1

In accordance with paragraphs 186 and 187 of the NPPF, the Isle of Wight
Council takes a positive approach to development proposals focused on
solutions to secure sustainable developments that improve the economic,
social and environmental conditions of the area in the following way:

206

The IWC offers a pre-application advice service;

Updates applicants/agents of any issues that may arise in the
processing of their application and suggest solutions where possible.

In this instance:

The application was acceptable as submitted and no further assistance

was required.

Conditions/Reasons:
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.

The development hereby permitted shall only be carried out in complete

accordance with the details shown on the submitted plans, numbered:
14-510-01 Rev A
14-510-02 Rev A

Site Plans
Proposed Club House Sketch

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.
3

No development shall take place until details of the materials and finishes to be
used in the construction of the external surfaces of the building hereby permitted
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: In the interests of the amenities of the area and to comply with policy
DM2 (Design Quality for New Development) of the Island Plan Core Strategy.

The floor level of the building hereby permitted shall not be lower than the floor
level of the existing building and the construction measures set out in the
submitted Design and Access Statement including Planning and Flood Risk
Assessment shall be adhered to and incorporated into the design of the building,
unless otherwise approved in writing by the Local Planning Authority.
Reason: To ensure that the development would have appropriate regard to the
risk of flooding to the site in accordance with the aims of policy DM14 (Flood
Risk) of the Island Plan Core Strategy and the National Planning Policy
Framework.

The building hereby permitted shall not be brought into use until a Flood
Warning and Evacuation Plan has been submitted to and approved in writing by
the Local Planning Authority. Once the building is brought into use the approved
plan shall be adhered to thereafter.

207

Reason: To ensure that the development would have appropriate regard to the
risk of flooding to the site and to minimise risk to life in accordance with the aims
of policy DM14 (Flood Risk) of the Island Plan Core Strategy and the National
Planning Policy Framework.

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84800N

84700N

84600N

460200E

460100E

460400E

460400E

460500E

460500E

P/00179/15 - TCP/20177/D
Sandown Bowling Club, Sandham Grounds,
Culver Parade, Sandown, PO36

460300E

460300E

460600E

460600E

460700E

460700E

84600N

Scale 1:2500

460200E

460100E

84700N

84500N

84800N
84500N

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09

Reference Number: P/01479/14 - TCP/24400/F

Parish/Name:
Bembridge - Ward/Name: Brading, St Helens and
Bembridge
Registration Date: 08/12/2014 - Full Planning Permission
Officer: Sarah Wilkinson Tel: (01983) 823552
Applicant: Vectis Housing Association
Demolition of buildings; construction of 5 pairs of semi-detached
dwellings and terrace of 3 dwellings; associated parking and landscaping
(application considered a departure) (revised plans) (readvertised
application)
Former Bembridge C of E School, Steyne Road, Bembridge, Isle of Wight
The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This application was previously presented to the Planning Committee in January but it
has come to Officers attention that the report referred to the application as an Outline,
when it is actually a Full application. Matters of external appearance, layout and
landscaping therefore need to be considered. The application was correctly advertised
and described; it was simply that the report and presentation indicated the application
to be an outline.

MAIN CONSIDERATIONS

Is the siting, external appearance and landscaping of the proposed development

acceptable

1.

Details of Application

1.1.

This application seeks permission to demolish the existing buildings on site

(formally Bembridge Primary School) and to achieve planning consent for a
residential development of 13 dwellings.

1.2

The principle, scale and access were considered to be acceptable when the
application was considered by the Planning Committee in January.

1.3

Matters of siting, external appearance and landscaping are therefore the

remaining issues to be considered. The previous report did provide comment
on the siting of the proposed units and the acceptability of this in relation to
site layout and the relationship with neighbouring properties.

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2.

Evaluation

2.1

The layout of the development would allow for the dwellings to sit comfortably
within the site. The plan shows that the houses would sit within a spacious
setting with rear gardens measuring a minimum of 10 metres and back to
back distances with Steyne Road and Walls Road properties being 20.5 to 58
metres and 25.4 meters respectively. The properties would be served from
the existing access which is extended in a cul de sac arrangement with the
road running from the south west to the north east within the site. The
properties are orientated to front the road and detail a small front garden area
with off road parking and a private garden area to the rear.

2.2

The overall layout would provide for suitable set back distances from the road
and would result in a density of development that would be comparable to
that in the surrounding area. Officers conclude that each of the dwellings
would be provided with a suitable private amenity area given the scale of the
properties and the separation distances between the proposed dwellings,
subject to detailed consideration of window positions, would provide future
occupiers with an acceptable level of living conditions.

2.3

The design of the proposed units would result in variation of brick to provide
variety within the resultant street scenes but cohesion to the development as
a whole. The designs are simple in form but provide articulation in siting and
height to ensure they sit comfortably within the wider eclectic setting of
Bembridge.

2.4

The layout plan shows how the site would be landscaped, with rear gardens
comprised of turf, replacement trees for those lost and low level planting and
dwarf walls to the front of the units. This planting would delineate the front
gardens of the dwellings and provide a visual break to the car parking,
between the houses. The hard landscaping would be minimised on site with
parking spaces being shown as one in front of the other, which would still
result in each unit having two spaces.

3.

Conclusion

3.1

Giving due regard and appropriate weight to all material considerations

referred to above the layout, external appearance of landscaping of the
development is considered to be in keeping with the existing pattern of
development in the surrounding area and is therefore in accordance with the
aims of Policy DM2 (Design Quality for New Development) of the Island Plan
Core Strategy. The application is therefore considered to be acceptable as a
Full permission.

4.

Recommendation

4.1

Conditional permission.

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Conditions/Reasons:
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.

The development hereby permitted shall only be carried out in complete

accordance with the details shown on the submitted plans, numbered 101
Rev.C, 102, 103, 104, 105 and 107.
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.

The development shall proceed in accordance with the avoidance and mitigation
measures outlined within Sections 7 and 8 of the Ecological Assessment (ARC,
November 2014) and the scale of the buildings and access serving the
development hereby permitted shall not be carried out except in complete
accordance with the details shown on the submitted plans, numbered 101 Rev.
C, 102, 103, 104, 105, 106 and 107.
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) and DM12 (Landscape, Seascape,
Biodiversity and Geodiversity) of the Island Plan Core Strategy.

No dwelling hereby permitted shall be occupied until space has been laid out
within the site and in accordance with drawing 101 Rev. C for cars to park and
for vehicles to turn so that they may enter and leave the site in a 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 DM17
(Sustainable Transport) and Policy DM2 (Design Quality for New Development)
of the Island Plan Core Strategy.

No dwelling shall be occupied until the parts of the service roads which provide
access to it have been constructed surfaced and drained in accordance with the
layout detailed on drawing no. 101 Rev. C and approved plans/details which
have been submitted to and approved by the Local Planning Authority in respect
to the discharge of surface water.
Reason: In the interests of highway safety and to comply with Policy DM2
(Design Quality for New Development) of the Island Plan Core Strategy.

No dwelling shall be occupied until the 'Keep Clear' markings on the

carriageway about the junction of the site access within Steyne Road has been
removed and the carriageway resurfaced in accordance with details to be

212

submitted to and approved by the Local Planning Authority.

Reason: In the interests of highway safety and to comply with Policy DM2
(Design Quality for New Development) of the Island Plan Core Strategy.
7

Steps, including the installation and use of wheel cleaning facilities in

accordance with details to be submitted to and approved in writing by the Local
Planning Authority, shall be taken to prevent material being deposited on the
highway as a result of any operation on the site. Any deposit of material from
the site on the highway shall be removed as soon as practicable by the site
operator.
Reason: In the interests of highway safety and to prevent mud and dust from
getting on the highway and to comply with Policy DM2 (Design Quality for New
Development) of the Island Plan Core Strategy.

No development including site clearance shall commence on the site until all
trees, not previously agreed with the Local Planning Authority for removal, shall
has been protected by fencing or other agreed barrier, Any fencing shall
conform to the following specification:
Barrier shall consist of a scaffold framework as shown in figure 2 of BS 5837
(2012). Comprising of vertical and horizontal framework braced to resist impact,
with vertical tubes spaced at a maximum of 3 m intervals. Onto this weldmesh
panels are to be securely fixed. Such fencing or barrier shall be maintained
throughout the course of the works on the site, during which period the following
restrictions shall apply:
(a)No placement or storage of material;
(b)No placement or storage of fuels or chemicals.
(c)No placement or storage of excavated soil.
(d)No lighting of bonfires.
(e)No physical damage to bark or branches.
(f)No changes to natural ground drainage in the area.
(g)No changes in ground levels.
(h)No digging of trenches for services, drains or sewers.
(i)Any trenches required in close proximity shall be hand dug ensuring all major
roots are left undamaged.
Reason: To ensure that the high amenity trees to be retained are adequately
protected from damage to health and stability throughout the construction period
in the interests of the amenity and in compliance with Policy DM12 (Landscape,
Seascape, Biodiversity and Geodiversity) of the Island Plan Core Strategy.

Prior to work commencing on site, including site clearance but not demolition,
details an arboreal method statement shall be submitted to and approved in
writing by the Local Planning Authority. The statement shall include details of
any necessary crown works and the degree of soil removal from the existing
earth mound in relation to the root protection areas of the trees. The agreed
statement shall be adhered to on site thereafter.

213

Reason: To ensure that the high amenity trees to be retained are adequately
protected from damage to health and stability throughout the construction period
in the interests of the amenity and in compliance with Policy DM12 (Landscape,
Seascape, Biodiversity and Geodiversity) of the Island Plan Core Strategy.
10

No development shall take place until full details of a hard and soft landscaping
scheme for the site has been submitted to and approved in writing by the Local
Planning Authority. These details shall include a schedule of plants, noting
species, plant sizes and proposed numbers and densities and an
implementation programme. Planting shall be carried out in accordance with the
agreed details.
Reason: To ensure the appearance of the development is satisfactory and to
comply with Policy DM12 (Landscape, Seascape, Biodiversity and Geodiversity)
of the Island Plan Core Strategy.

11

No development shall take place until a detailed scheme (including calculations

of capacity studies) for foul and surface water drainage from the site,
incorporating sustainable drainage principles and water efficiency measures and
an assessment of the hydrological and hydrogeological context of the
development, have been submitted to and agreed with the Local Planning
Authority in writing. Any such agreed foul and surface water disposal system
shall indicate connections at points on the system where adequate capacity
exists to ensure any additional flow should not cause flooding or over load the
existing system, if necessary an alternative system for the disposal of surface
water shall be submitted to and approved in writing by the Local Planning
Authority.
Reason: To ensure an adequate system of foul and surface water drainage is
provided for the development and to prevent an increased risk of flooding
incompliance with Policy DM14 (Flood Risk) of the Island Plan Core Strategy

12

Prior to the commencement of the development hereby approved, a detailed

scheme of biodiversity enhancements to be incorporated into the development
shall be submitted to and approved in writing by the Local Planning Authority.
Thereafter the habitat features established shall be permanently maintained and
retained in accordance with the approved details.
Reason: To enhance biodiversity in accordance with the Policy DM12
(Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core
Strategy and the principles of the NPPF.

13

Construction works shall limited to between 08:00 and 18:00 hours Monday
Friday and between 09:00 14:00 hours on Saturdays and at no time on
Sundays
Reason: To prevent annoyance and disturbance, in particular sleep disturbance
from noise emissions from the works and to comply with Policy DM2 (Design

214

Quality for New Development) and the principles contained within the National
Planning Policy Framework.
14

Prior to the commencement of the development or within the reserved matters

application, details of the method by which the existing access to the recreation
ground shall be closed off, to ensure the protection of the existing Willow tree,
and the location of a new link shall be submitted to and approved in writing by
the Local Planning Authority. The approved details shall be implemented on
site prior to the occupation of any unit and shall be retained thereafter unless
otherwise agreed in writing by the Local Planning Authority.
Reason: To ensure access to the recreation ground facilities is retained for the
resultant residents in accordance with DM2 (Design Quality for New
Development) of the Island Plan Core Strategy.

215

87800N

87700N

87600N

Scale 1:2500

464700E

464700E

464600E

464600E

464900E

464900E

465000E

465000E

465100E

465100E

465200E

87600N
465200E

87500N

P/1479/14 - TCP/24400/F
Former Bembridge C of E School,
Steyne Road, Bembridge, PO35

464800E

464800E

87700N

87500N

87800N

216