AGENDA ITEM 2
BOROUGH OF POOLE
PLANNING COMMITTEE
HELD ON THURSDAY 15TH JULY, 2004
The meeting commenced at 10.15am. and concluded at 4.35 p.m.
Members present:
Councillor Smith (Chairman)
Councillors Allen, Belcham, Mrs Deas, Eades, Mrs Hillman, Leverett (substituting for Councillor Mrs Stribley), Parker, Rampton (substituting for Councillor Gillard), Trent and Wilson.
Also in attendance:
Councillors Brooke, Collier, Gregory, White and Miss Wilson.
Members of the Public present at the meeting: 45 approx.
- MINUTES
The minutes of the meeting held on 17th June 2004 were confirmed as a true record and signed by the Chairman.
- DECLARATIONS OF INTEREST
The following personal interests were declared:-
Councillor Allen in respect of M.3 – Planning Applications 1 and 3 – as having received written representations. Applications 9-12 as Council representative on the Joint Waste Management Committee for Poole, Bournemouth and Dorset.
Councillors Belcham, Eades, Mrs Deas and Trent in respect of M.3 – Planning Applications 1 and 3 – as having been lobbied and received written representations. Councillor Belcham also a member of Whites Pit Residents Committee.
Councillor Mrs Hillman – in respect of M.3 – Planning Application 3 – as having received written representations and as having been lobbied.
Councillor Smith in respect of M.3 – Planning Applications 2, 3 and 6 – as having received written and oral representations. Applications 9-12 as Chairman of the Joint Waste Management Committee for Poole, Bournemouth and Dorset.
Councillor Parker in respect of M.3 – Planning Applications 1, 2 and 3 – as having received written and oral representations. Applications 9-12 as Council representative on the Joint Waste Management Committee for Poole, Bournemouth and Dorset.
Councillor Wilson in respect of M.3 – Planning Applications 3 and 5 – as having received written representations and Item 4 as Governor of Rossmore Community College.
- PLANNING APPLICATIONS
The Committee considered the applications as set out in the Schedule 1 of these Minutes and dealt with them as indicated therein.
- ENFORCEMENT ISSUES AT 31 WESTERN AVENUE, CANFORD CLIFFS
Consideration of the report was deferred to the next meeting because the site visit planned by the Committee was cancelled due to the applicant being out of the country on private business.
- APPEALS LODGED
The Committee noted the report of the Head of Planning Design and Control Services on appeals lodged.
- EXCLUSION OF THE PUBLIC AND PRESS
AGREED that pursuant to Section 100A 4 of the Local Government Act, 1972 the public and press be excluded from the meeting for consideration of Item 7 on the grounds that it may involve the disclosure of exempt information as defined in paragraph 12 of Part 1 of Schedule 12A of the said Act.
- 232 WIMBORNE ROAD, OAKDALE AND 234-240 SANDBANKS ROAD, LILLIPUT
Further to M.8 of the meeting held on 22nd April 2004, the Committee considered the report of the Head of Planning Design and Control Services on the above Appeals due to be heard at a Public Inquiry on 17th August 2004.
The Case Officer, David Baggs representing the Head of Legal Services and the Head of Housing Services, reported on the advice of Counsel relating to the provision of affordable housing on the above two sites.
The Committee discussed the appellant’s exceptional circumstances outlined in the report which Counsel and the Officers felt would be difficult to refute at the Appeal.
AGREED that on the basis of the advice received from Counsel and the Head of Housing Services that 40% provision of affordable housing be sought, albeit off site, in respect of these applications to satisfy the requirements of Policy H2a of the Poole Local Plan First Alteration 2004.
Chairman
SCHEDULE I
BOROUGH OF POOLE
PLANNING APPLICATIONS
15TH JULY 2004
Item No:1
Case Officer:Mr D Evans
Site:Former Pilkington's Tile Factory, Shapwick Road, Poole, Dorset
Application No:03/04518/031/F
Applicant:Taylor Woodrow Developments Ltd
Development:Residential development consisting of 297 flats, 85 houses all with associated parking and landscaping. Access from Blandford Road/Norton Way. (Amended plans received 11.11.03, 26.11.03, 17.5.04, 23.6.04 & 28.6.04).
Ward:B 020 Hamworthy East
The Case Officer presented the application explaining the planning history of the site, in particular the evolution of affordable housing policy and how this had influenced negotiations on the provision of affordable housing in the various planning applications on the site since 1998. He also reported that the Environment Agency had confirmed that it did not object to the application, but that they would be seeking a condition to any permission granted to cover possible flooding on the edge of the site.
Mr J Beck and Mr J Mclean, applicant’s agents, stated that they had been through a thorough Local Plan Inquiry relating to the site and that they had been working with local residents to prepare for what they regarded as a very exciting opportunity to enhance Lower Hamworthy.
Mr T Hoskinson and Mr P Cooper, representing “the concerned residents of Lower Hamworthy”, highlighted concerns relating to the development, in particular:
- The application was out of character with the area and should not exceed three storeys in height.
- The application did not accord with the Council’s Regeneration Master Plan in scale or design.
- Affordable housing should look the same as the properties for sale within the development.
Ward Councillors Gregory and White expressed a number of concerns relating to:
- The proposed density was unacceptable bearing in mind the provision made in the Local Plan for the site for a much lower number of dwellings.
- The lack of open space resulting in the only usable open areas for children on top of the underground car park which would be unacceptable.
- The development could add up to 50 vehicles queuing at the bridge when it was lifted. Therefore, suggested that if approval was to be granted that the scale of development should be phased until the new bridge route was secured.
- The application should be refused and asked the Committee to support this view.
Councillors Wretham, as Portfolio Holder for Housing and Councillor Collier as Portfolio Holder for the Environment, both spoke expressing their concerns relating to affordable housing provision and open space provision which they felt needed to be further considered by the Committee.
Members shared the concern of residents, Ward Councillors and the Portfolio Holders and were minded to refuse the application. However, the Committee felt that the Officers should be given the opportunity to further discuss the number of issues raised during the debate with the applicant.
AGREED to defer the application to enable the Officers to carry out further negotiations with the applicant on the following issues:
- Levels of affordable housing
- Landscape/open space
- Transportation
- Provision of footbridge and the height/bulk of the proposals, both in general and in relation to Hamworthy Park.
NB Councillor Collier declared a personal interest as one of the Council’s representatives on the Avon and Dorset Flood Defence Committee and the Wessex Regional Flood Defence Committee.
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Item No:2
Case Officer:Mr S Fox-Adams
Site:324 Sandbanks Road, Poole, Dorset, BH14 8HY
Application No:03/07222/016/P
Date Received:11th December 2003
Applicant:R M & M A Brassington
Development:Outline application to demolish existing dwelling and erect detached house.
Ward:E 050 Penn Hill
Written representations noted.
AGREED
GRANTED Subject to the following condition(s)
1OL010 (Outline Permission - Submission of Reserved Matters)
2OL020 (Outline Permission - Timing of Reserved Matters Submission)
3OL030 (Finished Floor Levels - Submission of Details Required)
4WL010 (Wildlife Survey - Submission Required)
Informative Note
1IN620 - Summary of Reasons for Decision
Town and Country Planning (General Development Procedure) (Amendment) Order 2003
The proposed development has been tested against the following policies of the Development Plan and, in the opinion of the Local Planning Authority, is not in conflict with the following policies:
a)The proposal will not affect the character and amenities of the area - Policy BE1
b)Residential Amenity will not be affected adversely - Policy H10
c)No protected trees will be affected - Policy NE27
d)The proposal will not affect nature conservation interests - Policies NE14 & NE15
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Item No:3
Case Officer:Ms C M Dick
Site:13 Ravine Road, Poole, Dorset, BH13 7HS
Agent:Planning Solutions Suite 80 2 Lansdowne Crescent Bournemouth BH1 1SA
Applicant:Ravine Investments
Development:Change of Use from Financial & Professional Services (A2) to Food & Drink (A3) with extensions to existing building as amended by plan received 02.06.04.
Ward:F 060 Canford Cliffs
The Committee decided that, notwithstanding that the applicant had not registered to speak on the application, he be allowed to speak because it would mean that the application would otherwise have had to be deferred to the next meeting and objectors had made a special effort to attend the meeting to speak. Also that the Committee had visited the site prior to the meeting. It was agreed this should not set a precedent for any future failure of applicants or objectors to comply with the protocol that 24 hours notice of their wish to speak should be recorded with the Democratic Services Team.
The Case Officer reported a further letter of objection and circulated a plan showing that the application was within the Haven Road Conservation Area.
Mr T Ramsden, applicant’s agent, explained that the site was within a busy, vibrant, commercial area with a car park opposite and that the only residential accommodation was the flats opposite the site. There had been other similar changes of use in the area and therefore felt there were no relevant planning reasons to refuse the application. He stated that his client would be happy for conditions to be included in the permission controlling smell and noise from the premises.
Dr J Farthing and Mr P Sorenson, spoke on behalf of concerned local residents stating that another restaurant would result in a loss of amenity to nearby residents and that there was insufficient need for another restaurant in the area.
Members supported the views expressed by local residents and considered that the application site was not within the commercial area of Haven Road.
AGREED
Refused for the following reason:
The proposed change of use to A3 (restaurant) would be likely to increase the level of noise and general disturbance which would be materially harmful to adjoining residential properties. The change of use would also be out of character with this part of the Conservation Area which is mainly residential and would therefore be contrary to Policies BE15 and NE1 of the Poole Local Plan First Alteration (Adopted 2004).
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Item No:4
Case Officer:Mr R T Genge
Site:Rossmore Community College, Herbert Avenue, Poole, Dorset, BH12 4HS
Application No:04/11790/026/W
Applicant:Borough Of Poole
Development:Erect a 2-storey technology building including classrooms, workshops and associated landscaping (Revised Scheme).
Ward:I 090 Alderney
Agreed
GRANTED subject to the following condition(s)
1GN010 (Detailed Permission - Time Expiry 5 Years (Standard))
2LS020 (Landscaping Scheme to be Submitted)
3HW110 (Cycle Provision)
4The development, hereby approved, shall not be occupied until drainage works have been carried out in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority. Those proposals should have regard to the principles set out in the supplementary planning guidance Sustainable Drainage Systems.
5Before development commences a School Travel Plan and programme for its implementation, monitoring and review shall be submitted to and approved in writing by the Local Planning Authority. The plan will seek to reduce reliance on the private car and encourage the use by staff, pupils and parents, and visitors to the school of more sustainable forms of transport such as walking, cycling and public transport. The provisions of the approved Travel Plan shall thereafter be implemented.
Informative Note
1IN620 - Summary of Reasons for Decision
Town and Country Planning (General Development Procedure) (Amendment) Order 2003
The proposed development has been tested against the following policies of the Development Plan and, in the opinion of the Local Planning Authority, is not in conflict with the following policies:
a)The proposal will not affect the character and amenities of the area - Policy BE1
b)Residential Amenity will not be affected adversely - Policy H10
c)Adequate parking and cycle parking is provided - Policy T13a
d)Details of contamination has been assesed - Policy NE1
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Item No:5
Case Officer:Mrs H E Harris
Site:Land rear of 1-7 Layton Road, Poole, Dorset
Application No:04/03478/004/F
Applicant:Crossland Developments (Dorset) Ltd
Development:Demolish existing buildings and erect a three storey block of 9 flats with associated parking to be accessed from Layton Road. (Amended plans received 22.6.04).
Ward:G 070 Branksome West
Mr J Dixon of 1 Layton Road, considered that the three storey building was overdevelopment of the site and out of character with the area. Also that the proposed access was too narrow and that refuse vehicles would not be able to use it. He stated that he was not against two storey development on the site.
The Ward Councillors spoke against the application as they considered it was over development of the site and were also concerned about the narrow proposed access to the development.
The representative from the Head of Transportation Services confirmed that no objection was raised to the access because it was existing and the residential occupation of the site was significantly better than the potential occupation of the site by an alternative industrial user.
AGREED
GRANTED subject to a Section 106 Agreement for recreational contribution of £13,104 (plus admin fee) and a highway contribution of £9,000 (plus admin fee).
Note: If the Section 106 Agreement is not completed within 6 months then the application may be refused without further reference to Committee.
Subject to the following conditions
1GN010 (Detailed Permission - Time Expiry 5 Years (Standard))
2GN030 (Sample of Materials - Submission of Details Required)
3GN100 (No Further Windows in the Specified Elevation(s))
4LS020 (Landscaping Scheme to be Submitted)
5HW100 (Parking/Turning Provision)
6HW210 (Building Operatives Parking)
Informative Notes
1IN620 - Summary of Reasons for Decision
Town and Country Planning (General Development Procedure) (Amendment) Order 2003
The proposed development has been tested against the following policies of the Development Plan and, in the opinion of the Local Planning Authority, is not in conflict with the following policies:
a)The proposal will not affect the character and amenities of the area - Policy BE1
b)Residential Amenity will not be affected adversely - Policy H11
c)No protected trees will be affected - Policy NE27
d)Recreation contribution agreed - Policy L21
2IN430 - Section 106 Agreement
3IN440 - Subject to Recreational/Open Space Contribution
4IN460 - Subject to Highway Contribution
5IN030 - Public Right of Way
6The applicant is advised that a connection to Wessex Water infrastructure is recommended, prior to the commencement of development.
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Item No:6
Case Officer:Miss C Evans
Site:52 Whitchurch Avenue, Broadstone, Dorset, BH18 8LP
Application No:04/13292/003/F
Applicant:Mr & Mrs A Law
Development:Sever land and erect a detached bungalow with integral garage to be accessed from Westcroft Park. (Amended plans received 7.5.04 & 24.6.04)
Ward:O 150 Broadstone
The Case Officer reported ten further letters of objection, but they did not raise any issues that were not already covered in her report.
The applicant, Mr A Law, explained that he had worked closely with the Case Officer to produce an acceptable design in keeping with existing properties in the area.
Mr J Collins and Mr E Robinson spoke on behalf of objectors stating that the current application was larger by 12 square metres than the previous application and in their opinion was over-development of the site. There were also concerns about the loss of protected trees and did not consider that the replacement semi-mature trees would overcome their objections.
The Case Officer explained that one tree covered by a Tree Preservation Order would be lost, but they were being replaced with five semi-mature trees and in her opion the site would benefit overall.
AGREED
GRANTED subject to a Section 106 Legal Agreement for:
A financial contribution of £2,260.00 (plus administration fee) towards the provision of recreational facilities in accordance with Policy L21 of the Poole Local Plan First Alteration (Adopted 2004).
Note: If the Section 106 Agreement is not completed within 6 months then the application may be refused without further reference to Committee.
Subject to the following conditions
1GN010 (Detailed Permission - Time Expiry 5 Years (Standard))
2GN030 (Sample of Materials - Submission of Details Required)
3HW100 (Parking/Turning Provision)
4RC010 (Remove Residential Permitted Development)
55 trees shall be planted in the locations as shown on the attached annotated approved plan (dwg.no.H.45.2003.10.Rev.B). The trees shall be planted within 3 months of the dated of the planning permission unless the Local Planning Authority gives written consent to any variation. The newly planted trees shall be protected from construction works by the installation of tree protective fencing consisting of at least 2.4 metre tall rigid barrier supported and braced with scaffolding and in the location as shown on the attached annotated approved plan (dwg.no.H.45.2003.10.Rev.B).
1 Sweet Gum (Liquidamber styraciflua) Semi-mature Specimen with a stem circumference of 25/30cm and a height of 5/6 metres.
2 Scots Pines (Pinus sylvestris) Extra-Heavy Balled Stock with a stem circumference of 16/18cm and a height of 3/3.5 metres.
3 Scots Pines (Pinus sylvestris) Extra-Heavy Balled Stock with a stem circumference of 16/18cm and a height of 3/3.5 metres.
The Local Planning Authority shall be notified in writing when the trees have been planted so that compliance with the condition can be confirmed and the trees can be subject to a new Tree Preservation Order.
6A pre-commencement site meeting shall be held and attended by the developer, the developer's designated site foreman and the Local Authority Arboricultural Officer to discuss details of the tree protection installation and working procedures, prior to any equipment, machinery or materials are brought on to the site and before any ground clearance, demolition or construction work, including the erection of site huts, is commenced.
7Protective fencing consisting of at least 2.4 metre tall rigid barrier supported and braced with scaffolding, shall be erected on the site along the dot-dash line marked in GREEN on the attached approved annotated plan (dwg.no.H.45.2003.10. Revision B).