Borough of Poole
Planning Committee
List of Planning Applications
17 November, 2011
BOROUGH OF POOLE
Planning Committee
DATE: 17 November 2011 at 14.00
NOTES:
1. Items may be taken out of order and therefore no certain advice can be provided about the time at which any item may be considered.
2. Applications can be determined in any manner notwithstanding the recommendation being made.
3. Councillors who are not members of the Planning Committee but who wish to attend to make comments on any application on this list or accompanying agenda are required to give notice by informing the chairman or Head of Planning and Regeneration Services before the meeting.
4. Councillors who are interested in the detail of any matter to be considered should consult the files with the relevant officers to avoid queries at the meeting.
5. Any members of the public wishing to make late additional representations should do so in writing or by contacting their Ward Councillors prior to the meeting.
6. Letters of representation referred to in these reports together with any other background papers may be inspected at any time prior to the Meeting and these papers will be available at the Meeting.
7. For the purposes of the Local Government (Access to Information) Act 1985, unless otherwise stated against a particular report, “background papers” in accordance with section 100D will always include the case officer’s written report and any letters or memoranda of representation received (including correspondence from all internal Borough Council Service Units).
8. Councillors are advised that if they wish to refer to specific drawings/plans which are not part of these papers to contact the relevant case officer at least 24 hours before the meeting to ensure these can be made available.
9. Members are advised that, in order to reduce the size of the agenda, where conditions are marked on the plans list as Standard these will no longer be reported in full. The full wording of the condition can be found either in hard copy in the Members rooms, or via the following link on the Loop http://bopwss3/sus/ww/Shared%20Documents/Standard%20Conditions.doc
TABLE OF CONTENTS
Planning Committee
17 November 2011 at 14.00
Not before 14:0001 / Former James Brother Site, Blandford Road, Poole / APP/11/00662/F / JRG
02 / 1A and 3 Wyndham Road, Poole, BH14 8SH / APP/11/01271/F / JRG
03 / 11 Compton Drive, Poole, BH14 8PW / APP/11/01125/F / DH
04 / 4 Nairn Road, Poole, BH13 7NG / APP/11/01012/F / CHP
05 / Mary Tudor Cottage, 8 Market Street, Poole, BH15 1NF / APP/11/01278/F / HB
06 / Mary Tudor Cottage, 8 Market Street, Poole, BH15 1NF / APP/11/01289/L / HB
07 / Mary Tudor Cottage, 8 Market Street, Poole, BH15 1NF / APP/11/01295/F / HB
08 / Mary Tudor Cottage, 8 Market Street, Poole, BH15 1NF / APP/11/01296/L / HB
Not before 15:00
09 / Land At 150 Canford Cliffs Road, Poole BH13 7ER / APP/11/00783/F / JL
10 / 18 Dorchester Gardens, Poole, BH15 3SN / APP/11/01149/F / JMLS
11 / Flat 4, 31 Cliff Drive, Poole, BH13 7JE / APP/11/01169/F / JMLS
12 / 24 Whitefield Road, Poole, BH14 8DD / APP/11/01249/F / SB
13 / 79 Halstock Crescent, Poole, BH17 9BE / APP/11/01049/F / JL
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
REPORT TO FOLLOW
ITEM NO / 02APPLICATION NO. / APP/11/01271/F
APPLICATION TYPE / Full
SITE ADDRESS / 1A and 3 Wyndham Road, Poole, BH14 8SH
PROPOSALS / Demolish existing 2no. detached dwellings & outbuildings Construct 5no. detached dwellings Adjust existing access New shared access way (Revised Scheme) As amended by Plans received 24th Oct 2011.
REGISTERED / 4 October, 2011
APPLICANT / 10 Ant Ltd
AGENT / Trinity Architecture Ltd
WARD / Parkstone
CASE OFFICER / James Gilfillan
INTRODUCTION
This application is brought before committee at the request of Cllr Mrs Stribley.
Recommendation for Grant Subject to Unilateral Undertaking
THE PROPOSAL
Demolish existing 2no. detached dwellings & outbuildings and erect 5no. detached dwellings, with garages. Adjust existing access and form new shared access way (Revised Scheme)
MAIN ISSUES
Changes since previous scheme was considered. Appeal decision. Overcoming Refusal Reasons.
SITE DESCRIPTION
The application site consists of No's 1a & 3 Wyndham Road, currently occupied by detached bungalows. The residential area has no predominant defining character, there is a mix of houses, flats and bungalows, with older properties on the north side of the road and recent development on the south side. To the south of the site, there are blocks of flats fronting Windsor Road.
The site is flat, however the position of the existing bungalows are approximately 2 metres below the level of Wyndham Road, which slopes down from Alton Road. To the west of the site, the ground drops steeply, to the grounds of Baden Powell Middle School. The embankment is covered by mature trees and landscaping.
The mature trees along the west and south boundaries are covered by Tree Preservation Order 1963.
RELEVANT PLANNING HISTORY
May 2010. Planning application, Ref:10/00420/F, to demolish the existing bungalows and erect 5 detached houses, with access from Wyndham Road, was refused due to the detrimental impact of plot D on the health and retention of the important protected trees along the southern boundary, undermining the character and appearance of the area.
Oct 2010. Planning application ref:10/01018/F, to demolish the existing 2 dwellings and erect 5 detached houses, was refused. The principal reason was the resultant cramped appearance of the site having amended the layout to resolve the impact of the previous scheme on the protected trees.
The applicant appealed that decision, in dismissing the appeal the Inspector noted
"Given the considerable variety in architecture, housing density and layouts around the site, it has not been demonstrated that the proposed development would have a distribution of built forms that would appear cramped or overdeveloped"
"To conclude, the appeal scheme would contribute positively to the character and appearance of both Wyndham Road and the wider locality and complies with Policies PCS05 & PCS23."
The appeal was dismissed as the Inspectorate didn't accept that the impact of the proposals on highway infrastructure and SSSI heathlands had been adequately addressed.
PRE-APPLICATION ADVICE
Informally agreeing the interpretation of the Inspectors decision that the scheme was acceptable and subject to securing financial contributions towards highway infrastructure and SSSI Heathland protection projects, the scheme would be supported.
COMMUNITY CONSULTATION
None
CONSULTATIONS
The Head of Transportation Services. No objection subject to conditions and securing the SEDTCS contributions.
The Head of Leisure Services. No objection and can not justify an L17 recreational facilities contribution.
Natural England. No objection subject to securing financial contributions towards SSSI Heathland mitigation.
REPRESENTATIONS
6 letters of representation have been received objecting to the overdevelopment of the site out of character with the area, impact on highway safety, impact on trees detrimental to the character of the area and impact on the amenities of neighbours.
PLANNING CONSIDERATIONS
POLICY AND GUIDANCE
STRATEGIC CONTEXT
SEDTCS - Securing contributions towards mitigating the impact on highway infrastructure.
Dorset Heathlands IPF - Securing Contributions towards protecting SSSI Heathlands from harm.
LOCAL CONTEXT
Planning Obligation - Recreational Facilities SPG. Securing contributions towards mitigating the impact on existing facilities.
The following policies are listed as applying to this application.
Poole Core Strategy (Adopted February 2009)
PCS31 Sustainable Energy - General
PCS28 Dorset Heaths International Designations
PCS32 Sustainable Homes
PCS05 Broad Locations for Residential Development
PCS23 Local Distinctiveness
PCS36 Joint Working
Local Plan First Alteration Adopted 2004
NE16 Sites of Special Scientific Interest
BE02 Landscaping
NE28 Tree Preservation Orders
L17 Provision for Recreational Facilities
T13 Traffic Generated by Development
NE01 Pollution and Noise
Planning Policy Statement
PPS03 Housing
PPS01 Delivering Sustainable Development
Supplementary Planning Document
SPD1 Parking & Highway Layout in Development
PLANNING JUDGEMENT
The design, appearance and layout of the scheme remain as considered in the previous application. In considering the scheme at appeal the Inspector found that all these issues were acceptable and there would be no harmful impact on the character and appearance of the area.
He considered the representations made by residents, regarding the impact on their privacy, amenity, light and outlook, and opined that;
"the various matters raised by local residents have been taken into account, but none have been found to be unacceptably harmful to highway safety or the living conditions of neighbours".
This was on the basis that conditions were imposed securing obscure glazing of appropriate windows.
He also felt that the proximity of the buildings to the trees was acceptable and that a condition could be used to secure the appropriate form of protective fencing in the appropriate location during the construction period. This is a reasonable approach and would meet the tests for imposing conditions.
The Inspector accepted that financial contributions towards SEDTCS schemes was reasonably linked to the development, without which the scheme would be unacceptable. A financial contribution towards mitigating the impact of residential development on SSSI Heathlands in Dorset was also considered necessary.
It has not been possible to identify the harm caused to recreational facilities or any projects to mitigate that harm, compliant with the CIL122 regulations. Therefore no request for a financial contribution in accordance with L17 is sought.
INFRASTRUCTURE AND DEVELOPER CONTRIBUTIONS
The applicant has prepared a Unilateral Undertaking securing the contributions to mitigate the increased pressure on highway infrastructure locally in accordance with SEDTCS and the increased pressure SSSI Heathlands in Dorset.
CONCLUSION
The Inspector's decision is a material consideration of significant weight. In this case the scheme proposed matches that considered acceptable by the Inspector and is therefore recommended for approval.
BACKGROUND PAPERS
None
RECOMMENDATION
It is therefore recommended that this application be Grant Subject to Unilateral Undertaking subject to the following:
Details of Section 106 Agreement.
1. A financial contribution of £5,172.00 (plus 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).
2 .A financial contribution of £17,281.00 (plus 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).
Conditions
1. GN150 (Time Expiry 3 Years (Standard)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.
2. GN020 (Screen Fencing/Walling)
3. AA01 (Non standard Condition)
The dwellings hereby approved shall be constructed from the materials indicated in the Design and Access statement submitted in support of the application unless with prior written submission and approval of the Local Planning Authority to any alternative proposals.
Reason:
In the interests of the character and appearance of the site and area and in accordance with Policies PCS5 & 23 of the Poole Core Strategy Adopted Feb 2009.
4. GN090 (Obscure Glazing of Window(s))
5. GN120 (Storage of Refuse)
6. RC010 (Remove Residential Permitted Development)
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-enactment thereof, no further extensions, or outbuildings other than those authorised by this permission shall be erected in the curtilage of plots D and E without planning permission first being obtained from the Local Planning Authority.
Reason -
Due to the potential for conflict with protected trees, important to the character and appearance of the area, on the site and the relationship with neighbouring properties in accordance with Policies H12, NE28 and BE2 of the Poole Local Plan First Alteration Adopted 2004 (as amended by Secretary of State Direction September 2007) and PCS23 of the Poole Core Strategy Adopted Feb 2009.
7. HW100 (Parking/Turning Provision)
8. HW210 (Building Operatives Parking)
9. RC010 (Remove Residential Permitted Development)
10. AA01 (Non standard Condition)
Prior to occupation of the relevant dwelling, the measures to reduce the Carbon footprint and energy needs of the development, as indicated in the Design & Access statement, shall be installed/implemented and thereafter retained.
Reason:
In accordance with Policies PCS 31 & 32 of the Poole Core Strategy Adopted Feb 2009.
11. TR040 (Arboricultural Supervision)
12. LS020 (Landscaping Scheme to be Submitted)
13. TR070 (Tree Protection - Protective Fencing)
14. NP100 (Full Contaminated Land Condition)
Informative Notes
1. IN62 (Summary of Reasons for Decision)Town and Country Planning (Development Management Procedure) (England) Order 2010
The proposed development has been tested against the following policies of the Development Plan, including any relevant policies contained within Planning Policy Statements e.g. PPS3, and in the opinion of the Local Planning Authority, is not in conflict with the following policies:
Due to the siting, layout and design of the proposals, the varied character, layout and process of renewal and recent developments, the character, appearance and local distinctiveness of Wyndham Road would be preserved - Policies PCS 5 & 23
The proposal would deliver a form of residential development on plots and in a layout that would maintain the character and existing pattern of development in the area, without compromising the amenities of local residents - Policy PCS5 and PPS3
The design and layout of the dwellings would not give rise to levels of overlooking, overshadowing or overbearing detrimental to the amenities of the adjoining neighbours or the reciprocal impact from existing neighbours or each other - Policy PCS5 and PCS23
Some trees would be removed as part of the proposal, the significant ones of which would not be removed in order to facilitate the development, appropriate replacements have been secured by condition and the layout of the scheme allows for the necessary growth to ensure the landscape character and the amenities of the area are maintained without conflicting with residential amenity - Policies PCS23, BE02 and NE28
Sufficient parking, access and manoeuvring space exists to meet the needs of the development and maintain highway safety, the access to Wyndham Road and Alton Road afford sufficient visibility to maintain highway and pedestrian safety, a refuse collection point has been included adjacent to the public highway to enable safe and convenient collection and the dedication of land adjacent to the end of Wyndham Road will aid turning at the end of the cul-de-sac - Policies T11 and T13
Sustainability, reducing the energy needs and carbon footprint of the development will be delivered through the implementation of the measures identified by the applicants Design and Access Statement, secured by condition - Policies PCS31 & PCS32
The impact on SSSI Heathlands in Dorset will be mitigated for by the delivery of financial contributions in accordance with the Heathlands IPF 2010-2011 and the implementation of the measures and strategies therein - Policies NE16 & PCS28
The impact of transport infrastructure in S-E Dorset will be mitigated for by the delivery of financial contributions in accordance with the SEDTCS and the implementation of mitigation schemes therein - Policies PCS36 & T13.
2. IN43 (Section 106 Agreement)
The land and premises referred to in this planning permission are the subject of an Agreement under Section 106 of the Town and Country Planning Act 1990.
ITEM NO / 03
APPLICATION NO. / APP/11/01125/F
APPLICATION TYPE / Full
SITE ADDRESS / 11 Compton Drive, Poole, BH14 8PW
PROPOSALS / Remodelling of existing house and erection of a new detached dwelling.
REGISTERED / 31 August, 2011
APPLICANT / Mr J Marks
AGENT / Martin Hanham
WARD / Penn Hill
CASE OFFICER / Darryl Howells
INTRODUCTION