BOROUGH OF POOLE – PLANNING COMMITTEE – 17 NOVEMBER 2011

BOROUGH OF POOLE

PLANNING COMMITTEE

17 NOVEMBER 2011

The Meeting commenced at 2pm and concluded at 4:50pm

Members present:

Councillor Eades (Chairman)

Councillor Pawlowski (Vice-Chairman)

Councillors Brown, Burden, Mrs Butt (substitute for Councillor Woodcock), Mrs Clements, Parker, Potter, Trent and Mrs C Wilson

Others in attendance:

Councillors Miss Carpenter, Howell and Sorton

Members of the public present: approximately 36

PC51.11APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor Woodcock.

PC52.11MINUTES

RESOLVED that the Minutes of the Planning Committee dated 20 October 2011, having been previously circulated, be taken as read, approved as a correct record and signed by the Chairman.

PC53.11DECLARATIONS OF INTEREST

All Members declared a personal interest in Plans List Item No.1, Former James Brothers Site, having received written and/or verbal representations.

All Members declared a personal interest in Plans List Item No’s 5, 6, 7 and 8, Mary Tudor Cottage, as the Application site was in close proximity to a Member’s house.

All Members declared a personal interest in Plans List Item No.11, Flat 4, 31 Cliff Drive Road, as the Application site was in close proximity to a Member’s house.

All Members declared a personal interest in Plans List Item No.12, 24 Whitefield Road, because the Applicant was a close relative of a Councillor.

Councillor Mrs Wilson declared a personal and prejudicial interest in Plans List Item No’s 5, 6, 7 and 8, Mary Tudor Cottage, as the Applicant was a personal and close friend and, consequently, would withdraw from the Meeting for these items.

Councillors Brown, Mrs Butt, Mrs Clements, Eades, Parker, Pawlowski, Potter and Mrs Chris Wilson, declared a personal interest in Plans List Item No.2, 1A and 3 Wyndham Road, having received written and/or verbal representations.

Councillor Eades declared a personal interest in Plans List Item No.2, 1A and 3 Wyndham Road, as his daughter attended Baden Powell School, which was adjacent to the Application site.

Councillors Eades and Pawlowski declared a personal interest in Plans List Item No.3, 11 Compton Drive, having received written representations.

PC54.11SUCH OTHER BUSINESS, AS IN THE OPINION OF THE CHAIRMAN, IS OF SUFFICIENT URGENCY TO WARRANT CONSIDERATION

There was no urgent business.

PC55.11PLANNING APPLICATIONS

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

CHAIRMAN
APPENDIX

SCHEDULE TO THE MINUTES OF THE MEETING OF THE PLANNING COMMITTEE DATED 17 NOVEMBER 2011

PLANNING APPLICATIONS

ITEM NO / 01
APPLICATION NO. / APP/11/00662/F
APPLICATION TYPE / Full
SITE ADDRESS / Former James Brother Site, Blandford Road, Poole
PROPOSALS / Erection of two buildings to create a total of 60 apartments (revised scheme to planning permission 07/00913/020/F to increase the number of flats approved on the southern part of the Former James Brother site from 44 to 60 in total).
REGISTERED / 23 May, 2011
APPLICANT / Reefdene Ltd
AGENT / Evans & Traves LLP
WARD / Hamworthy East
CASE OFFICER / James Gilfillan

The Application was brought before the Committee at the request of Councillor White, due to the scale of development and parking issues.

The Application was the subject of a site visit on 17th November 2011, which commenced at 11:15am and concluded at 12:00pm, Councillors Eades, Burden, Brown, Mrs Clements, Parker, Potter, Trent and Mrs Chris Wilson were in attendance.

Richard Genge, Planning and Regeneration Manager, drew Members’ attention to the “To Follow” Officer’s Report, the Addendum to Plans List Item No.1, outlining the amended Officer recommendation to approve the Application and the Addendum Sheet that outlined the Head of Environmental and Consumer Protection Services comments regarding contaminated land.

The Planning and Regeneration Manager provided Members with a site description and referred to the site plans as appended to the Report and photographs of the Site and surrounding area.

The Architect’s plans detailing the various elevations of the Proposals and comparing the extant permission with the revised proposals were considered.

A summary of the relevant planning history, pre-application advice, consultations, representations, planning considerations and judgement was noted.

The Planning and Regeneration Manager gave a detailed explanation of the Section 106 Contributions, comparing the 2008 consent figures, contributions agreed for the new Application, the initial shortfall, the Applicant’s revised offer and the remaining shortfall.

Mr Brown, Objector, expressed his views, including:

  • Resident at 7 Station Road
  • Local residents strongly objected to the Application
  • Referred to parking arrangements agreed with James Brothers and the Developer
  • Current condition regarding parking, not good enough
  • 6 parking spaces needed to be reserved for Station Road residents
  • Height of proposed flats would create overlooking
  • Station Road residents would suffer loss of amenity/natural light
  • Requested that Members refuse the Application

Mr Beasant, Objector, expressed his views, including:

  • Represented his son who had purchased an apartment in Compass Point North
  • When apartments purchased, his son was aware of the extant permission
  • The Proposal represented a 33% increase, from 44 to 60 Units, and an additional 1/2 storeys
  • Residents at Compass Point North would suffer a loss of amenity
  • Revised design of apartments would “dwarf” surrounding buildings
  • The Proposal represented overdevelopment
  • Additional units would result in increased through traffic

Carol Evans, Agent for the Applicant, expressed her views, including:

  • The Proposal represented a significant improvement
  • In order to meet Section 106 requirements, additional units were needed
  • Developers had attached high priority to the crossing point
  • The Scheme had already delivered Affordable Housing
  • The Proposal was of a high quality and fit for purpose
  • High quality materials would be used
  • There would be improved disabled access to the Scheme
  • Top storeys would be “stepped back”
  • Change of materials/finishes would make the Proposal appear less bulky
  • No harm to neighbouring amenities
  • Requested that Members approve the Application

The Team Leader (Regulatory) read out a representation from Ward Councillor White, details included:

  • Apologised for not being able to attend in person
  • The Proposal would have an adverse impact on existing flats in Compass Point North
  • The Proposals would be overbearing, with increased overshadowing
  • Residents of Station Road would lose their parking facilities
  • Had been advised by Transportation Services that the parking proposals were not acceptable
  • Guidelines indicated that the six affected residents of Station Road should have had allotted one parking space each.

In response to a question from a Member, it was confirmed that the Proposal did not include a £50,000 contribution to Public Art, however, by utilising improved landscaping, the Applicant had agreed to “soften” the central areas with more grass and less concrete.

In response to a request for clarification regarding parking, Chris Francombe, Transportation Services, informed the Meeting that it was proposed to introduce a limited Resident Parking Permit Scheme of which the residents of Station Road would be included.

In response to a query regarding footpath access to the Scheme, Chris Francombe, Transportation Services, informed the Meeting that it appeared that the footpaths were in the ownership of Canford Estates and, consequently, the Applicant had no control over them.

A Member congratulated Officers on their negotiations in securing improved Section 106 Contributions, plus a proposal regarding residents parking.

A Member stressed the need for Officers to ensure that the correct materials would be used, bearing in mind the close proximity to the sea.

Mr Brown, summed up his views, including:

  • Stressed the increased height in the proposed block of apartments
  • All properties in Station Road would be affected
  • Residents parking permits, only acceptable as “a Plan B”

Carol Evans summed up her views, including:

  • Happy with the statement made by Chris Francombe, Transportation Services
  • Noted Members’ comments regarding the style and quality of materials to be used

RESOLVED that Planning Permission be Granted subject to a Section 106 Agreement and conditions as follows:

  1. 1. A financial contribution of £141,232.00 (+ admin fee) towards the provision of recreational facilities accordance with Policies PCS 36 and PCS37 of the Poole Core Strategy 2009 and Policy L17 of the Poole Local Plan First Alteration 2004 (as amended by Secretary of State Direction Sept 2007).

2. A financial contribution of £108,597.00 (+ admin fee) towards mitigating the harm to the Dorset Heathlands SPA and SSSI in accordance with the Dorset Heathlands SPG 29.01.10 (amendments adopted April 2010), Policies PCS28, PCS 36 and PCS37 of the Poole Core Strategy 2009 and Policy NE16 of the Poole Local Plan First Alteration 2004 (as amended by Secretary of State direction Sept 2007).

3. A financial contribution of £13,455.84 (+ admin fee) towards the South East Dorset Transport Contributions Scheme (as amended) in accordance with Policies PCS15, PCS 36 and PCS37 of the Poole Core Strategy 2009 and Policy T13 of the Poole Local Plan First Alteration 2004 (as amended by Secretary of State Direction 20th Sept 2007).

4. A financial contribution of £193,910.14 (+ admin fee) towards delivering a pedestrian route across the railway to provide access to Hamworthy Park in accordance with Policy T13 and L17 of the Poole Local Plan First Alteration 2004 (As amended by Secretary of State Direction Sept 2007) and PCS26, PCS36 & PCS37 of the Poole Core Strategy 2009.

5. A financial contribution of £47,000.00 (+admin fee) towards delivering an extended bus service through the area in accordance with T13 of the Poole Local Plan First Alteration 2004 (As amended by Secretary of State direction Sept 2007) and PCS36 & PCS37 of the Poole Core Strategy 2009.

6. A financial contribution of £72,225.93 (+admin fee) towards delivering Education facilities in the locality necessary to serve the needs of the development and in accordance with Policies PCS26 and PCS37 of the Poole Core Strategy 2009.

7. A Residents Travel Plan, towards mitigating the impact of the development on highway infrastructure and encouraging the use of alternative forms of development to the private car, (+ £2,500 monitoring fee) in accordance with Policies T13 of the Poole Local Plan First Alteration 2004 (As amended by Secretary of State direction Sept 2007) and PCS36 & PCS37 of the Poole Core Strategy 2009.

The above contributions to be secured by phased payments. Including a clause that in the event that the construction of the buildings has not commenced within a period of 3 years the payments due on the development undertaken to date shall be paid.

  1. Appropriate Highways agreement to secure adoption of road and on street parking spaces; and
  1. that the Head of Planning and Regeneration Services:

(a)be given delegated powers to amend or add to the schedule of planning conditions where it is deemed appropriate in the context of further discussions and agreement.

(b)in consultation with the Head of Legal and Democratic Services be given delegated powers to amend or add clauses to the S 106 Agreement where is considered in the best interests of the Borough of Poole to do so; and

  1. Conditions as listed below:
  1. The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission.

Reason -

This condition is required to be imposed by the provisions of Section 91 of the Town and Country Planning Act 1990 and amended by Section 51(1) of the Planning and Compulsory Purchase Act 2004.

  1. The materials to be used for the external walls, balustrades, windows, door frames and roof shall be similar in colour and texture as those indicated on the approved plans and application forms, unless otherwise first agreed in writing by the Local Planning Authority.

Reason -

To ensure a satisfactory visual relationship of the new development and that existing and in accordance with Policies PCS05 & PCS23 of the Poole Core Strategy Adopted February 2009.

  1. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any order revoking and re-enacting that Order, the means of vehicular access to the development hereby permitted shall be from Norton Way only.

Reason -

In the interests of highway safety and in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).

  1. The finished floor level of the building hereby approved shall be a minimum of 3.9 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.

  1. 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, coloured red on the approved plans, of block 1 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 protect the amenity and privacy of adjoining residential properties and in accordance with Policy H12 of the Poole Local Plan First Alteration Adopted 2004 (as amended by Secretary of State Direction September 2007).

  1. Prior to occupation of the first flat in either building, the relevant bin storage facilities for that building shall be provided, available for use and thereafter retained for those purposes.

Reason -

In the interests of amenity and to ensure that no obstruction is caused on the adjoining highway and in accordance with Policies PCS23 of the Poole Core Strategy 2009 and T13 of the Poole Local Plan First Alteration Adopted 2004 (as amended by Secretary of State Direction September 2007).

  1. The development hereby permitted shall not be occupied until the access, turning space, garaging,/vehicle parking and cycle parking shown on the approved plan of the respective building have been constructed, and these shall thereafter be retained and kept available for those purposes at all times.

Reason -

In the interests of highway safety and in accordance with Policy T13 of the Poole Local Plan First Alteration Adopted 2004 (as amended by Secretary of State Direction September 2007).

  1. Prior to the commencement of works pursuant to this application, details of the design, levels, materials and layout of a scheme to provide a secure route for pedestrians along Station Road to the roundabout with Blandford Road, shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall then be implemented and finished to the satisfaction of the Local Highway Authority prior to the first occupation of the development hereby approved.

Reason

In order to ensure the safety of pedestrians along this route and in accordance with Policies T3 & T13 of the Poole Local Plan First Alteration Adopted 2004 (As amended by Secretary of State Direction Sept 2007).

  1. Prior to the commencement of development, details of secure surface cycle parking facilities for at least 8 cycles shall be submitted to, and approved in writing by, the Local Planning Authority, implemented in accordance with the agreed details and thereafter retained.

Reason -

In order to secure the provisions of appropriate facilities for cyclists and in accordance with Policy T13 of the Poole Local Plan First Alteration 2004 (as amended by Secretary of State Direction Sept 2007).

  1. No development shall take place until proposals for the landscaping of the site have been submitted to, and approved in writing by, the Local Planning Authority. The landscaping scheme shall include provision for landscape planting, other site features, walls, fencing and other means of enclosure, hard surfacing, street furniture and the treatment of any changes in levels.

Upon approval:

a)the approved scheme shall be fully implemented with new planting carried out in the planting season October to March inclusive in accordance with a timetable to be agreed in writing with the Local Planning Authority;

b)all planting shall be carried out in accordance with British Standards, including regard for plant storage and ground conditions at the time of planting;

c)the scheme shall be properly maintained for a period of 5 years and any plants (including those retained as part of the scheme) which die, are removed or become damaged or diseased within this period shall be replaced in the next planting season with others of a similar size and the same species, unless the Local Planning Authority gives written consent to any variation; and

d)the whole scheme shall be subsequently retained.

Reason -

In the interests of visual amenity, to ensure that the approved landscaping scheme is carried out at the proper times and to ensure the establishment and maintenance of all trees and plants in accordance with Policy BE02 of the Poole Local Plan First Alteration 2004 (as amended by Secretary of State Direction Sept 2007) and PCS23 of the Poole Core Strategy 2009.

  1. Construction work shall not begin until a scheme for protecting the proposed residential buildings from noise from the adjacent Port operations has been submitted to, and approved in writing by, the Local Planning Authority. Works to the relevant building shall be completed before that part of the development is occupied.

Reason -

In order to protect the amenities of the occupiers of the proposed development and in accordance with Policy NE1 of the Poole Local Plan First Alteration 2004 (As amended by Secretary of State Direction Sept 2007).

  1. The conclusions and recommendations of the Archaeological report completed by Terrain Archaeology dated 07/07/08, shall be implemented/followed, unless with prior approval of the Local Planning Authority to any variation.

Reason:

In order to ensure that any archaeological significance on site is acknowledged and respected and in accordance with Policy BE27 of the Poole Local Plan First Alteration 2004 (As amended by Secretary of State Direction Sept 2007)

  1. The measures and methods proposed by the supporting Energy and Resource statement, to deliver an energy efficient and sustainable development, shall be undertaken and installed as indicated and best endeavours made to achieve Level 3 of the Code for Sustainable Homes, details of which shall be submitted to and approved in writing prior to the commencement of works. The approved details, measures and methods shall be implemented and followed during construction and installed prior to the first occupation of the relevant block and thereafter retained.

Reason

In the interests of delivering an energy efficient and sustainable development and in accordance with Policies PCS31 & PCS32 of the Poole Core Strategy 2009.