Falklands: Planning and Building Committee Report for April

REPORT OF THE PLANNING & BUILDING COMMITTEE

HELD 3^rd APRIL 2003

(By Graham France)

Although there were less than half the number of applications (twelve) to be considered at this meeting than the last when twenty-five were tabled, the “open” part of the Committee lasted just over 90 minutes.  This was due to fairly extensive discussions on a number of items which followed the review of proposals for development and building works.

On this occasion, the meeting was chaired by the Hon Norma Edwards with Brian Summers, Les Harris and Jim Moffatt attending – it was to be the last for Jim who has been a member from when the Committee was first formed in 1991 and has attended most since then.  Only one member of the public was present.

The first application to be determined was for the renewal of temporary planning permission for a number of portable buildings located at Plot 45 Mount Pleasant Road for Mr William McKay.  This was approved with the consent extended until the end of April 2005.  Next was the application deferred at the last meeting when the Stanley Sea Cadets sought consent to site a container for storage at the Canache, but the concerns of the Chief Fire Officer, that the proposed site would hamper his access to their fire training area, had still not been resolved so it was decided to refuse planning permission with a letter to go to the applicants explaining the reasons for that decision.

The following ten submissions all received the appropriate permissions with conditions where necessary: a dwelling at 12 Dairy Paddock Road for Mr Keith Dickson; an extension to their house at 11 Narrows View for Mr and Mrs Stephen Watt; the erection of a garage at 9 Biggs Road for Mr Gerald Cheek; permission in principle for a dwelling at 19 Davis Street for FIDC; an electrical sub-station at Gordon Lines for the Power and Electrical Section of the Public Works Department; an extension to their dwelling at Swan Inlet on East Falkland for Mr and Mrs Andreas Short; an overhead telephone cable to service the caravan at 108A Davis Street for Mrs Lena Morrison; an extension to their dwelling at 34 Ross Road East for Mr and Mrs Ian Stewart; the discharge of sewage direct to the sea from the new dwelling at Steeple Jason Island for the Wildlife Conservation Society; and lastly plans showing alterations to the approved extension of the Food Hall at West Store on Ross Road for the FIC Limited.

Applications for grants towards the provision of off-street parking were next considered by members of which there were two – both at 37 Fitzroy Road.  Mr Colin Patterson-Smith and the Charity Shop Trustees sought grants for their properties at this address and the Committee agreed to give approval but also to request more details of those parking areas.

There then came consideration of an item entitled “Planning Information and Guidelines” which dealt with a draft information leaflet on Planning Permissions and Building Permits which had been drawn up by the Building Adviser, Jim Robison, and the Environmental Planning Officer, Antony Lancaster with the aim of helping the public to understand the legislation they administer in the Environmental Planning Department.  Members considered the document excellent but did request that further work be done on the advice to those thinking of replacing the cladding on the external walls of houses or any other building before it is released to the members of the public.  It was also their view that the proposed “parking guidelines” for new development needed refining but welcomed the fact that these were designed specifically for the Falklands whereas in the past another country’s standards, where traffic conditions were considered similar, had been adopted.

Jim Robison then reported on his work in examining the condition of land and buildings adjacent to the MPA Road where he had commenced a survey of various properties with concentration on those known as the “50-acre plots”. Members were told of the sometimes-negative responses received from owners of land and his findings that in many cases investigated the development had taken place prior to the introduction of planning controls, which was being used as an excuse for no action to improve matters.  Members were advised that subject to Committee approval action is available within the provisions of section 75 of The Planning Ordinance whereby notice (called “a waste land notice”) can be served by the Committee on the owner and occupier of land to abate the nuisance where the amenity is seriously injured by reason of either (a) the ruinous or dilapidated condition of any building; or (b) the derelict, waste or neglected condition of any land.  Comment was made about other premises seen in Stanley where such action may also be appropriate, but it was recalled that moves were indeed taken some years ago to try to obtain the completion of work on the property but resulted in failure.  Members noted the progress being made by the Building Adviser and looked forward to receiving a further report in due course.

Next was a statement, prepared by both the Environmental Planning Officer and the Building Adviser, as the Committee’s response to an appeal made by Mr and Mrs Stewart-Reid against the refusal of planning permission for the erection of a porch, the conversion of a garage to a utility room, and the extension of an existing porch at their property at 41 Fitzroy Road.  The statement was accepted in its entirety and will be considered in due course by Executive Council.

Antony Lancaster then gave a verbal report which followed his discussions with the new General Manager of FIDC on disposal of waste to landfill at the new Abattoir. It had proved necessary, he said, for that which was not incinerated to be buried and with the temporary consent granted for such burial having now expired it was essential to regularise the position.  An application for an extended burial operation would be received very shortly seeking planning permission, he told members.

Lastly, a paper from Jim Robison on proposed action to be taken in respect of unresolved applications for planning permission and building permit was reviewed by members.  It was explained that several submissions for those consents had been agreed in principle by the Committee and then referred to the officers to secure the further details needed before the decision notices are issued. A number of applications have been left unresolved where information has not been provided despite repeated letters of reminder to applicants or their agents.  Over the past six months no less than eight applications came into this category, the oldest dating from the October 2002 meeting, and he recommended to members that, after six months, applications be either refused automatically or be reconsidered by the Committee with a recommendation of refusal.  Members accepted the recommendation but asked that the period of six months be reduced to three.

The meeting then finished its “open” session with the date of the next agreed as Thursday 1^st May 2003 to commence at 9am in the Liberation Room.

Graham France                                                                                4^th April 2003