BOROUGH OF POOLE – PLANNING COMMITTEE – 2 NOVEMBER 2011
BOROUGH OF POOLE
PLANNING COMMITTEE
2 NOVEMBER 2011
AT THE RNLI COLLEGE, POOLE
The Meeting commenced at 9:30am and concluded at 2:25pm.
Members present:
Councillor Eades (Chairman)
Councillor Pawlowski (Vice-Chairman)
Councillors Burden, Brown, Mrs Clements, Potter, Parker, Trent, Mrs C Wilson and Woodcock.
Others in attendance:
Councillors Brooke, Mrs Butt, Clements, Mrs Evans, Howell, White, Parkinson, Rollo-Smith
Members of the public present: approximately 230
PC45.11APOLOGIES FOR ABSENCE
There were no apologies for absence.
PC46.11DECLARATIONS OF INTEREST
All Members declared a personal interest in Planning Application 10/00995/F, Land at West Quay Road, having received written and/or verbal representations.
Councillor Mrs C Wilson stated that although she was a Member of the Poole People Party, she had not pre-determined the Application under consideration. Councillor Mrs C Wilson informed the Meeting that she had attended Meetings organised by the Applicant and by Objectors and would listen to all views before making a decision. At all times she had ensured that there was a separation between her position on the Planning Committee and that as a Member of the Poole People Party.
PC47.11CHAIRMAN’S INTRODUCTION
Councillor Eades, Chairman, welcomed members of the public to the Planning Committee to hear the West Quay Road Planning Application. The Chairman outlined the format of the Meeting, explained that it was a Meeting open to the public and not a public meeting and requested that attendees respect the views of all those involved and without intervention.
PC48.11HEAD OF LEGAL AND DEMOCRATIC SERVICES – ADVICE TO THE PLANNING COMMITTEE
Prior to the Officer Presentation regarding the land at West Quay Road, Tim Martin, Head of Legal and Democratic Services, provided the following advice to the Planning Committee:
“The fact that bias and pre-determination could cause problems for Planning Committees was well known. Members had received training on these matters in the past, and from comments made by Members, I know that these issues were taken seriously.
There was a clear difference between a pre-disposition and pre-determination. It was not a problem for Councillors to be pre-disposed. Pre-disposition was where a Councillor held a view in favour or against an issue, but they had an open mind to the merits of the argument before they made a final decision. A pre-disposition might be strong and it might have been publically voiced, for instance, in the political arena, but the open mind must be retained as to the possible merits of any argument until the decision was taken.
Pre-determination or bias might arise where a Councillor was closed to the merits of any argument relating to any particular issue and made a decision on the issue without taking them into account. Statements by Members that indicated that their mind might be already made up or further, definitive statements as to their voting intentions were likely to give rise to the appearance of bias and pre-determination. It was important for Councillors not to appear to have already decided the matter so that nothing would change their mind.
As ever, the test would be whether a fair minded and informed observer with knowledge of all the relevant facts would conclude that there was a real possibility of pre-determination. I would also remind Members of the provisions of the Localism Bill which was expected to receive Royal Assent shortly, which would provide that a decision maker would not be taken to have had or to appear to have had a closed mind when making the decision just because they have previously done anything that directly or indirectly indicated what view the decision maker took, or would, or might take in relation to a matter. Whilst this was not yet law, it did in fact neatly summarise the position as set out in recent case law on the subject.
I am sure Members would bear this advice in mind.”
PC49.11LAND AT WEST QUAY ROAD
ITEM NO. / 1APPLICATION NO. / APP/10/00995/F
APPLICATION TYP / Full
SITE ADDRESS / Land at West Quay Road, Poole, Dorset
PROPOSALS / Mixed use regeneration and new public quayside to include; the demolition of a listed gate post and all existing buildings on site; the redevelopment of the site with 377 residential units provided in six apartment blocks with basement parking and courtyard private amenity space; an office block comprising 2,633 sq metres of B1 floorspace and 2,389 sq metres of commercial floor space (uses B1, A1, A2, A3, & D2) provided in 18 units; including accommodation for Poole Amateur Rowing Club and private access to the Back Water Channel only for the Club; a new quay wall and new public streets. (Amended plans received 7th June, 3rd & 17th October 2011).
REGISTERED / 28 July, 2010
APPLICANT / Neptune Consultants Ltd
AGENT / Terence O'Rourke
WARD / Poole Town
CASE OFFICER / Darryl Howells
The Application was brought before the Committee as the Head of Planning and Regeneration Services did not consider it prudent to exercise delegated powers due to the significance of the Proposals.
The Application was the subject of a Members’ Site Visit on 31st October 2011 which commenced at 11:30am and concluded at 1:25pm. The following Members were in attendance:
Councillors Eades, Pawlowski, Brown, Burden, Mrs Clements, Parker, Potter, Mrs C Wilson and Woodcock.
Prior to the Officer Presentation, Stephen Thorne, Head of Planning and Regeneration Services, provided the Meeting with an introduction.
Reference was made to the history of regeneration sites in Poole, the Twin Sails Bridge, the RNLI building, the Asda store, Seldown Eco Village, Dolphin Quays and Harbour Reach.
Members were reminded that Planning Permission had been granted for a 125 bed hotel at Lifeboat Quay, with development commencing shortly. The Twin Sails Bridge was at the heart of Poole’s plans for the future and provided critical infrastructure that would help ease traffic congestion and enable underutilised land to be used for much needed housing and employment opportunities.
The introduction continued with details of the history of the site, its position and importance in providing waterfront access. The decline of the Quayside and the Backwater Channel as a working Port was an important factor in introducing the planning Proposal before the Committee today.
Members noted that approximately 50% of the Site had now been demolished in anticipation of regeneration as the Site reused underutilised, brown field land, to meet the future needs of the Town. Regeneration Sites were envisaged to be different, as they were set to deliver the higher densities of residential and mixed use development, with the West Quay Site having a range of residential units from 250 to 377,the minimum and maximum number set by the Core Strategy and its accompanying Appropriate Assessment, as required by the Habitat Regulations.
The Head of Planning and Regeneration Services stated that Officers had tried to engage and communicate with the public on the details of the Scheme, in terms of explaining issues and trying to ensure that everyone was as fully informed as possible.
Reference was made to the fact that the Proposal was for a detailed scheme and not an “in principle” application, with details to follow. There had been engagement via a number of public meetings and exhibitions and the Scheme had been amended as a result of feedback.
The introduction continued by referring to the provision of a pedestrian walkway from the existing Quay, along the Backwater Channel and back into the Old Town with new views opening up of St James’ Church and the new Bridge. A prerequisite of this Development was the provision of a new Quay and flood prevention measures that would safeguard Poole and, in particular, the Old Town, for the next 100 years.
In conclusion, the Head of Planning and Regeneration Services, stated that the role of Planning and Regeneration Services in evaluating the Planning Application, was to professionally and objectively appraise the Proposals against the policies of the Council and the law of the land. With regard to the West Quay Road Application, the range of considerations were diverse, from the protection of invertebrates in the Harbour to crime prevention and from balanced housing types to refuse collection. It was not a ‘tick box’ exercise of compliance with each policy but an evaluation of how each one contributed to the overall strategy to deliver the vision for Poole and, in turn, weighting them accordingly in terms of their significance and balancing them out to a position where a planning judgement could be made.
Richard Genge, Planning and Regeneration Manager, provided the Meeting with a strategic overview. Reference was made to the following strategic objectives:
- Poole Local Plan 1998 and 2004
- Poole Bridge Regeneration Initiative (PBRI) – adopted 2004
- Core Strategy – adopted 2009, including PCS11
The Planning and Regeneration Manager stated that it should be noted that the Core Strategy Inspector, in finding the Strategy “sound”, noted that the PBRI was “dated” and had not been subject to the rigorous test of a Supplementary Planning Document (SPD). In addition, the Inspector stated that Developers wished to see a clear vision and priorities from the Council and, in the absence of an up-to-date SPD, welcomed the Core Strategy so as to provide some flexibility across the Site to delivery. The revisions to the wording of PCS11 reflected the Inspector’s concerns, stating:
- ”Individual Site provision must reflect the overall vision and strategy for the area, though it is recognised that a degree of flexibility within and between Sites may be necessary to ensure that the Regeneration Area delivers the required development within the timescale envisaged”.
Subsequently, the PBRI, Volume 2, had been reviewed by an Enabler for the Commission for the Built Environment (CABE) who found that the principles remained relevant and sound. The Planning and Regeneration Manager confirmed that Members had received copies of all the relevant parts of the documents mentioned and other policies that the Proposals had been assessed against.
The Strategic Overview continued with reference to:
- The key objectives for the Regeneration Sites:
-250 plus housing units
-4,000 m2 Use Class B
-5,000 m2 Use Classes A1 and A3
-2,360 m2 Leisure Hotel
Members noted, however, that the adjacent Site had secured, by consent, the Leisure Hotel and therefore it was no longer an identified need on the Site.
The current Proposals were for 377 housing units, which was in excess of the anticipated Core Strategy need,however, the Appropriate Assessment supporting the Core Strategy identified that up to 383 units could be supported.
The Planning and Regeneration Manager made reference to employment and commercial space, and stated that whilst the Core Strategy identified the aspirations of the Council, the Inspector doubted the ability of the Authority to secure its employment needs and, consequently, reserved land at North Poole for employment purposes. He further noted that it was expected that the Pilkington and Sydenham sites would absorb most of the employment needs within the Regeneration areas. CABE’s advice was that the current Proposal indicated that the Applicants had demonstrated a realistic approach to suit the market at present.
In summary, the Planning and Regeneration Manager stated that the Proposals secured a new strategic quayside, new routes to and from the Town and an experience of Holes Bay that did not exist at present. In addition, it delivered important housing, provided key public open spaces, a high quality and accessible environment, job opportunities for local people, both during construction process and in the new businesses provided.
Nigel Jacobs, Planning Policy and Implementation Manager, continued by advising Members of the impact on the Poole Harbour SPA in relation to nutrients.
Members noted that Poole Harbour was protected at International, European and National level for its important wetland features that supported feeding grounds for over-wintering birds. In recent years concerns had been raised about the growth of AlgalMats within the Harbour, particularly noticeable in Holes Bay. This was as a result of nitrogen loading, i.e., nutrients entering the Harbour primarily from the effects of agricultural practices.
Recent emerging evidence suggested that agriculture was responsible for about 85% of nutrient loading within the Harbour, whereas development within the whole of the Frome and Piddle catchment, which extended to and included Wareham and Dorchester, accounted for approximately 12.5%.
Poole’s Core Strategy Habitats Regulation Assessment addressed the impacts of the proposed 10,000 homes to be brought forward in the period 2006 to 2026, not all of these would feed into Poole’s Sewage Treatment Works which discharged into Poole Harbour. The Environment Agency granted Wessex Water a licence to cope with the proposed development level in Poole and managing discharges to acceptable water quality standards.
Natural England and the Environment Agency had begun work on looking at the nitrogen loading occurring in Poole Harbour. This work was at an early stage but it was clear that development, particularly from Poole, had a limited impact. It was acknowledged that there was an issue that needed to be addressed but this was very much in its formative stages.
Under the Habitats Regulations, the Planning Authority was the Competent Authority for assessing the likely significant effects from the development upon European sites. The evidence to date suggested that whilst there was an issue, the impact from this Development was not significant. Further, until such time as the evidence had been assessed robustly and options explored and consulted upon, there was no mitigation plan or project that was being prepared that could be considered in relation to this Application.
Darryl Howells, Senior Planning Officer, provided Members with a site description and referred to the site plans as appended to the Report.
Reference was made to the Addendum Sheet, and, in particular, details of the representation from the Head of Transportation Services and from the Environment Agency and Natural England. Members also noted details and an additional 18 letters of representation from Objectors, plus additional representations from the Applicant. Reference was also made to the proposed amended and additional conditions.
The Officer Presentation continued by showing photographs of the Application Site from various views, plus photographs of the new Bridge Approach Junction, views from Poole Old Town, the potential crossing point at West Street, Grade II Listed Buildings at West Quay Mews and images of the historic Quayside.
The Senior Planning Officer referred to older developments on the Quayside between the Customs House and Barbers Wharf, the former Grain Silo Site and views of Barbers Wharf from various angles.
Images were shown of more recent developments, such as Old Orchard House, flats on Lagland Street, the Asda Tower and the RNLI Buildings.
A plan of the Nikkal Site was shown, which highlighted the outline planning permission for a 182 bedroom hotel, 96 flats, offices, commercial floor space, basement parking, all accessed from West Quay Road.
The Officer continued by detailing the existing Conservation Area, plus proposed changes to boundary extensions of the Conservation Area.
In order to aid Members’ reference, a plan was shown which detailed proposed building blocks as blocks A, B, C, D, E and F.
Details of housing mix and employment were provided.
Housing Mix – Planning Policy
- PCS05 – 100-150 dph
- PCS05 – anticipated 2,500 dwellings
- PCS11 – 250 plus units proposed
Housing – Proposal
- Density of 188 dph
- 377 residential units (92 x 1 bed; 240 x 2 bed; 40 x 3 bed; and 4 x 4 bed).
- Brought forward community benefits, new sea wall and transport mitigation
Employment – Planning Policy
- PCS11 – 4,000 m2 of B1; 5,000 m2 of A1 and A3
- 2,360 m2 of Leisure Hotel
- Policy Design to be flexible amongst other Regeneration Sites
Proposal
- Block A – 2,632 m2 of B1 (Office) equals 66% of PCS
- 1,828 m2 of A1, A3 and B1 equals 37%
- 602 m2 of leisure space
- 250 – 317 jobs (after construction)
The Senior Planning Officer continued the Presentation by highlighting the following:
- Extract from the Poole Core Strategy
- Plans detailing the permeability through the Site, tree lined avenues and the use of perimeter blocks
- Artists impression of Dee Way linkage to the Town Centre
- Artists impression of the proposed Wharf area, detailing articulated roof form and stepped back elevations
Details were provided of CABE’s (subsequently the Design Council) comments on the Scheme, as follows:
- “We also welcome the realistic approach that had been taken to distribute the uses across the Site to suit the property market”.
- “The scale of development responded well to its surrounding”
- “The architecture and suggested materials had a charm that related well to the character of the Waterfront”.
- “We support the revised approach to West Quay Point (Block F). The Tower’s revised form and massing, arranged as a series of major and minor elements to respond in height to their particular aspect”.
- “The form and proportions of the office building (Block A) appeared well considered. We support the principle of establishing a distinct architectural language for the office and residential elements”.
The Presentation continued by providing details of the Planning Policy regarding building heights and plans of the proposed building heights, plus an indicative graphic detailing the screening of the proposed development by existing buildings.