BOROUGH OF POOLE – PLANNING COMMITTEE – 14 AUGUST 2014

BOROUGH OF POOLE

PLANNING COMMITTEE

14AUGUST 2014

The Meeting commenced at 1:00pm and concluded at 2.37pm

Present:

Councillor Eades (Chairman)

Councillor Pawlowski (Vice-Chairman)

Councillors Burden, J Clements, Mrs Haines (substitute for Mrs Butt), Parker, Mrs Wilson and Wilson (1:04pm onwards)

Members of the public: Approximately 18

PC12.14APOLOGIES FOR ABSENCE

Apologies for absence were received from CouncillorsBrown and Mrs Butt.

PC13.14DECLARATIONS OF DISCLOSABLE PECUNIARY INTEREST

There were no declarations of disclosable pecuniary interest.

Other Non-Statutory Interests Members Wished to be Recorded

Councillor Mrs Haines had been lobbied on Plans List Item nos. 1, 2 and 4

Councillor Eades had been lobbied on Plans List nos. 1, 2, 4, 5 and 6

Councillor Parker had been lobbied on Plans List nos. 1, 4 and 6

Councillor Pawlowski had been lobbied on Plans List nos. 4 and 6

Councillor Mrs Wilson had been lobbied on Plans List nos. 1, 4 and 6

Councillor Wilson had been lobbied on Plans List nos. 1, 4 and 6

Councillor Eades declared a personal interest in Plans List Item no. 5 as the Applicant was both his solicitor and a personal friend and would therefore withdraw from the Meeting for this Item.

PC14.14MINUTES

RESOLVED that the Minutes of the Meeting of the Planning Committee dated 17 July 2014, having been previously circulated, be taken as read, approved as a correct record and signed by the Chairman.

PC15.14PLANNING APPLICATIONS

The Committee considered the Planning Applications as set out in the Schedule to the Minutes and dealt with therein.

PC16.14PLANNING APPEALS RECEIVED AND PLANNING APPEAL DECISIONS RECEIVED

The Information Report was noted.

PC17.14SUCH OTHER BUSINESS, AS IN THE OPINION OF THE CHAIRMAN, IS OF SUFFICIENT URGENCY TO WARRANT CONSIDERATION

There was no urgent business.

CHAIRMAN

APPENDIX

SCHEDULE TO THE MINUTES OF THE MEETING OF THE PLANNING COMMITTEE DATED 17 JULY 2014

PLANNING APPLICATIONS

ITEM NO / 1
APPLICATION NO. / APP/13/01580/F
APPLICATION TYPE / Full
SITE ADDRESS / 23 Banks Road, Poole, BH13 7PW
PROPOSALS / Demolition of a single dwelling house and construction of six flats (Revised Scheme)(Amended plans received 12/05/14)
REGISTERED / 30 December, 2013
APPLICANT / Mr Schiel
AGENT / Roger Lieberg Ltd
WARD / Canford Cliffs
CASE OFFICER / James Gilfillan

The Application was before the Committee at the request of Councillor Mrs Haines.

The Application was the subject of a Members’ Site Visit on 14 August 2014, which commenced at 10:50am and concluded at 11:15am. Councillors Eades, Pawlowski, Burden, J Clements, Mrs Haines, Parker, Mrs Wilson and Wilson were in attendance.

(Councillor Wilson joined the Meeting)

James Gilfillan, Senior Planning Officer, gave a site description and referred to Site plans as appended to the report and photographs of the Site and surrounding area.

Reference was made to the Addendum Sheet, and, in particular, the details of additional representations and two additional proposed conditions.

The Presentation continued with a summary of the relevant planning history, consultations, representations, planning considerations and judgement.

In conclusion, the Senior Planning Officer stated that the Scheme would preserve the residential character of the area, would improve the appearance of the streetscene and habitable accommodation, which whilst subject to flooding, had been designed to mitigate the impact of a flood and would keep residential accommodation safe in such an event. Whilst changing the outlook and relationship with the neighbouring buildings, it would not have a detrimental impact on the overall outlook and amenity of the occupiers of neighbouring properties. The Scheme was therefore in general accordance with the Adopted Development Plan.

Hillary Jubert, Objector, expressed her views, details included:

  • Owner of Flat on adjacent site
  • Objected to the Proposal
  • Height and massing were a particular problem
  • Loss of daylight
  • No daylight report with Application
  • 2011 Application – lower in height, it also had a “recess” opposite the window
  • 2009 daylight report confirmed that there would be a reduction in daylight
  • 2013 Application was for only 4 flats and was refused
  • Current Application was for 6 flats and only 1 metre lower and was bulkier. It also lacked the recess of the 2011 Application.
  • Requested that Members refuse Planning Permission.

Sarah O’Connell, Objector, expressed her views, details included:

  • Measurements on submitted plan were incorrect, proposal only 3.5 metres away from side window
  • Side window described as an “oriel” window, this was misleading, it was an appropriately sized window for the room
  • Recent advice was that the daylight loss would be even more detrimental to that highlighted in the 2013 report.
  • Sandbanks was a beautiful area and should be preserved that way
  • It was important that all development in the area be appropriate
  • Requested that Members refuse Planning Permission

Mr Lieberg, Applicant, expressed his views, details included:

  • Existing property was built in the 1970’s
  • When “Pinnacle” was built, it had an adverse affect on his client’s house
  • Daylight issues were a civil matter
  • Agreed that “Pinnacle” would be affected and his client was prepared to enter into discussions with affected neighbours regarding compensation for loss of daylight.

(The Chairman reminded Mr Lieberg to restrict his representation to planning considerations only)

  • Designed to protect from flooding
  • Extensive beachside landscaping
  • External aesthetics had been considered
  • Content with Case Officer’s report
  • A bat survey had been submitted

Officers responded to Members’ requests for clarification, details included:

  • Transportation officers had visited a site in London and had witnessed a similar car parking system in operation, and consequently were happy that it was a workable solution. In particular, the operation time for parking a car was quicker than would be envisaged.

Ward Councillor Mrs Haines expressed her views, details included:

  • Primary concern was impact on neighbouring building
  • Mr Lieberg had stated that he acknowledged adverse impact
  • Side bedroom window was of a normal size, not an “oriel” window
  • Concerns regarding height and massing

Ward Councillor Pawlowski expressed his views, details included:

  • Most of the previous reasons for refusal had been dealt with
  • Shared concerns regarding the impact on the side “oriel” window, however, daylight would not be adversely impacted

A Member stated that she liked everything regarding the design although she had slight concerns regarding the proximity of the Proposal to neighbouring windows.

A Member stated that he still had concerns regarding the proposed parking system, especially if two or three cars arrived at the same time.

The Chairman stated that a “leap of faith” was required regarding the parking system. He added that, he too had concerns regarding the impact on the third bedroom window. However, he added that the development of that building had also had adverse effect on the Applicant’s existing property regarding loss of light. In addition, the Extant Approval on the other side of the Proposal had set the scene regarding height and mass. On balance, the Chairman stated that he was just about in favour of granting Planning Permission.

Sarah O’Connell/Hillary Jubert summed up their views, details included:

  • Huge problem in the area regarding the rusting of gates and garage doors etc
  • If parking system failed to work, problems would occur

Mr Lieberg summed up his views, details included:

  • Parking system was similar to the system that worked satisfactorily in the Shard building in London
  • Only two minutes operational time to retrieve a parked car
  • Parking system would be fully maintained

Richard Genge, Planning and Regeneration Manager, reminded Members that when reaching a decision, Members needed to take into account the granted consent at nos. 19/21 Banks Road. In addition, Members needed to be equally clear in their mind regarding the level of impact the Proposal would have on 25/27 Banks Road, and, in particular, the side bedroom window and to what degree it would have on the amenity of the property owner.

RESOLVED that Planning Permission be Granted subject to a Section 106 Agreement and the following:

Details of Section 106 Agreement.

1. A financial contribution of £76,006 (plus administration fee) towards the provision of off site affordable housing in accordance with Policy PCS06 of the Poole Core Strategy adopted 19 February 2009, and the interim tariff for minor application contained within the Affordable Housing SPD

Conditions

1. GN150 (Time Expiry 3 Years (Standard))
2. PL01 (Plans Listing)
The development hereby permitted shall be carried out in accordance with the following approved plans:
Location Plan (drawing number 0215/09 received 19th December 2014)
Site Plan (drawing number 0215/10 Revision B received 12th May 2014)
Ground & Basement Plans (drawing number 0215/11 Revision B)
First and Second Floor Plans (drawing number 0215/12 Revision B received 8th July 2014)
Third, Fourth and Roof Top Plans (drawing number 0215/13 Revision B received 8th July 2014)
Southwest Elevation (drawing number 0215/14 Revision B received 8th July 2014)
Northeast Elevation (drawing number 0215/15 Revision B received 8th July 2014)
Banks Road and Poole Bay Elevations (drawing number 0215/16 Revision B received 8th July 2014)
Banks Road and Poole Bay Scenes (drawing number 0215/17 Revision B received 8th July 2014)
NE & SE Composite Elevations (drawing number 0215/18 Revision B received 8th July 2014)
Flood Risk Mitigation Measures (drawing number 0215/19 received 19th December 2013)
Banks Road and Poole Bay Elevations (drawing number 0215/16 Revision B received 8th July 2014)
Reason:
For the avoidance of doubt and in the interests of proper planning.
3. GN030 (Sample of Materials)
4. GN170 (Screening to Balcony - General)
Prior to the occupation of any flat hereby approved, an obscure glazed screen of a form sufficient to prevent external views of at least 1.8 metres in height shall be erected along the sides of all balconies and roof terraces hereby approved and shown on the approved plan. The screens shall thereafter be permanently retained as such.
Reason -
In the interests of privacy and amenity of the neighbouring properties and in accordance with DM1(v) of the Site Specific Allocations & Development Management Policies (April 2012).
5. HW230 (Permeable surfacing condition)
6. DR060 (Flood Protection)
The finished floor level of the residential accommodation at first floor level of the building hereby approved shall be a minimum of 5.2 metres above ordnance datum unless otherwise agreed in writing with the Local Planning Authority prior to development commencing.
Reason -
In order to prevent risk from flooding and in accordance with Policy PCS34 of the Poole Core Strategy 2009.
7. DR060 (Flood Protection)
No habitable accommodation shall be provided at ground floor level or basement floors as indicated on the approved plans shall not be converted to residential habitable accommodation.
Reason -
In order to prevent risk from flooding and in accordance with Policy PCS34 of the Poole Core Strategy 2009.
8. AA01 (Non standard Condition)
Prior to the commencement of development and notwithstanding the details shown on the approved plan, details of the construction of the doors, walls and boundary walls, including surface treatment and internal layout of utilities, demonstrating finishes, layout and construction designed to accommodate and be recoverable in the event of a flood and the specification for any flood gates, barriers and doors shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall then be implemented in the construction of the approved building and where appropriate thereafter retained and maintained.
Reason
In order to ensure the robustness of the building, securing best endeavours for flood protection and the safety of residents and in accordance with PCS34 of the Poole Core Strategy adopted 2009, and the NPPF.
9. GN160 (Sustainable Homes - Code Level 3)
10. AA01 (Non standard Condition)
Prior to first occupation of the building, the bin store indicated on the approved plans shall be completed and thereafter retained for the storage of refuse bins prior to collection.
Reason
To ensure appropriate space is available for the storage of bins in a safe and attractive manner and preserve highway safety and in accordance with PCS23 of the Poole Core Strategy 2009, and DM07 of the Poole Site Specific Allocations and Development Management policies 2012.
11. HW100 (Parking/Turning Provision)
The development hereby permitted shall not be brought into use until the access, turning space and vehicle garaging shown on the approved plan have been constructed, and these shall thereafter be retained and kept available for those purposes at all times. The automated car parking system shall be maintained in good working order at all times and maintained in strict accordance with the operator's instructions and manuals.
Reason -
In the interests of highway safety and in accordance with Policy PCS5(i) of the Poole Core Strategy 2009 and DM07 & DM08 of the Site Specific Allocations and Development Management Policies DPD 2012.
12. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 and the Town and Country Planning Act 1990 or any subsequent re-enactments thereof, the flat roof area above unit 5, serving unit 6, on the west side of the building hereby permitted shall not be used as a balcony, roof garden or similar amenity area without the grant of further planning permission from the Local Planning Authority.
Reason -
To preserve the design of the building and streetscene and in accordance with Policy PCS23 of the Poole Core Strategy 2009.
13. The materials proposed for the windows on the side elevations shall be similar to those indicated on the approved drawings and provide the level of obscure glazing as indicated and shall be retained as such unless with prior planning permission to any changes.
Reason:
In the interests of the appearance of the building and to preserve the amenities of the occupiers of the approved building and the residents of the adjoining buildings and in accordance with PCS05 & PCS23 of the Poole Core Strategy 2009, and DM01 of the Poole Site Specific Allocations and Development Management policies 2012.

Informative Notes

1. IN72 (Working with applicants: Approval)
In accordance with the provisions of paragraphs 186 and 187 of the NPPF the Borough of Poole (BoP) takes a positive and proactive approach to development proposals focused on solutions. BoP work with applicants/agents in a positive and proactive manner by;
- offering a pre-application advice service, and
- advising applicants of any issues that may arise during the consideration of their application and, where possible, suggesting solutions.
- in this case the applicant was advised of issues after the initial site visit
- in this case the applicant was afforded an opportunity to submit amendments to the scheme which addressed issues that had been identified
- the application was considered and following amendments approvedwithout delay
2. IN74 (Community Infrastructure Levy - Approval)
Voting:
For – 3 Against – 2 Abstentions - 3
ITEM NO / 2
APPLICATION NO. / APP/14/00770/F
APPLICATION TYPE / Full
SITE ADDRESS / 41 Banks Road, Poole, BH13 7PW
PROPOSALS / Erection of two adjoining dwellings with integral garaging (revised scheme)
REGISTERED / 19 June, 2014
APPLICANT / Tulsa Investments Ltd
AGENT / Planning Edge Ltd
WARD / Canford Cliffs
CASE OFFICER / Darryl Howells

The Application was before the Committee at the request of Councillor Mrs Haines due to a neighbour’s concern regarding loss of privacy.

The Application was the subject of a Members’ Site Visit on 14 August 2014, which commenced at 11:15am and concluded at 11:25am. Councillors Eades, Pawlowski, Burden, J Clements, Mrs Haines, Parker, Mrs Wilson and Wilson were in attendance.

Darryl Howells, Senior Planning Officer, gave a site description and referred to Site plans as appended to the report and photographs of the Site and surrounding area.

Reference was made to the Addendum Sheet, and, in particular, details of additional representations and an amended condition no. 5.

The Presentation continued with a summary of the relevant planning history, representations, planning considerations and judgement.

In conclusion, the Senior Planning Officer stated that the proposed development accorded with adopted planning policies as the proposed houses would positively contribute to the appearance of the area, would provide two new sustainable dwellings and provide appropriate mitigation to address the risk of flooding. There would be some overlooking to the neighbouring property, however, this was limited and mitigated by obscured glazing. The proposed development therefore accorded with adopted planning policies.

Mr Jobbins, Applicant, expressed his views, details included:

  • Supported Case Officer’s Report
  • Happy to agree amended condition no. 5 regarding obscured glazing
  • Referred to appeal decision regarding balcony and acceptable material overlooking
  • Referred to computer generated images of the outlook from the balcony

There were no Member requests for clarification.

Ward Councillor Mrs Haines informed Members that she had “red carded” the Scheme in response to concerns expressed by the neighbour at no. 43 Sandbanks Road.

Members noted that Ward Councillor Mrs Haines would abstain from voting, as she had been approached by both the neighbour and the Applicant separately.

Ward Councillor Pawlowski stated that in his opinion, the Proposal would improve the streetscene. He added that in that part of Banks Road, mutual overlooking was standard and as a consequence would be happy to support the Application.

Mr Jobbins did not take his opportunity to sum up.

RESOLVED that Planning Permission be Granted With CIL Contribution

1. GN150 (Time Expiry 3 Years (Standard))
2. PL01 (Plans Listing)
The development hereby permitted shall be carried out in accordance with the following approved plans:
Proposed Lower Ground Floor Plan (Drawing number 1141/P01 received 19th June 2014)
Proposed Ground Floor Plan (Drawing number 1141/P02 Revision A received 23rd July 2014)
Proposed First Floor Plan (Drawing number 1141/P03 Revision A received 23rd July 2014)
Proposed Second Floor Plan (Drawing number 1141/P04 Revision A received 23rd July 2014)
Proposed Front and Rear Elevations (Drawing number 1141/P05 Revision A received 23rd July 2014)
Proposed Side Elevations and Street Scene (Drawing number 1141/P06 Revision A received 23rd July 2014)
Reason:
For the avoidance of doubt and in the interests of proper planning.
3. GN030 (Sample of Materials)
4. GN170 (Screening to Balcony - General)
An obscure glazed screen of a form sufficient to prevent external views of at least 1.8 metres in height shall be erected along the terraces as shown on the approved plans. The screen shall be erected prior to the commencement of use of the balcony, hereby permitted, and shall thereafter be permanently retained as such.
Reason -
In the interests of privacy and amenity of the neighbouring properties and in accordance with DM1(v) of the Site Specific Allocations & Development Management Policies (April 2012).
5. GN090 (Obscure Glazing of Window(s))
Both in the first instance and upon all subsequent occasions, the first floor corner windows to bedroom 2 and the shower room on the south (side) elevation of the house hereby approved closest to no.43 Banks Road shall be glazed with obscure glass in a form sufficient to prevent external views and shall either be a fixed light or hung in such a way as to prevent the effect of obscure glazing being negated by reason of opening.
Reason -
To protect the amenity and privacy of the adjoining properties and in accordance with Policy DM1(v) of the Site Specific Allocations & Development Management Policies (April 2012).
6. HW100 (Parking/Turning Provision)
7. HW200 (Provision of Visibility Splays)
8. HW230 (Permeable surfacing condition)
9. DR060 (Flood Protection)
The development hereby approved shall be constructed in strict accordance with the recommendations of the approved Flood Risk Assessment prepared by Munden Robinson Architects that accompanies the planning application. The finished floor level of the habitable accommodation within the building hereby approved shall be a minimum of 4.60 metres above ordnance datum unless otherwise agreed in writing with the Local Planning Authority prior to development commencing. Furthermore the basement accommodation within the dwelling house shall not be used for habitable accommodation without the express consent of the Local Planning Authority.
Reason -
In order to prevent risk from flooding and in accordance with Policy PCS34 of the Poole Local Plan First Alteration Adopted 2004 (as amended by Secretary of State Direction September 2007).

Informative Notes