AGENDA ITEM 4 - APPENDIX 1
Item No: 6
Case Officer: Ms J Chambers
Site: Rear of 38-44 Brixey Road, Poole, Dorset, BH12 3EZ
Application No: 07/38090/004/F
Date Received: 8th March 2007
Agent: Traves James Architects 5 Wolterton Road Branksome Poole Dorset BH12 1LR
Applicant: Braeside Developments
Development: 3 x 2 bed bungalows and 5 parking spaces. Plot severance of 44 Brixey Road for vehicular access
Ward: J 100 Newtown
This application is brought to Planning Committee at the request of Councillor Plummer due to the history of the site.
Site Description
The application site includes the two storey house at no. 44 Brixey Road (which fronts directly onto Brixey Road), and land to the rear of nos 38 - 42 Brixey Road which currently forms part of the very overgrown rear gardens of nos 94 and 96 Rosemary Road. The western boundary is marked by the rear garden of no. 92 Rosemary Road while the southern boundary is marked by the new bungalow development at Rachel Close and by no. 46 Brixey Road.
Many of the neighbouring residential properties are single storey bungalows : 38-42 Brixey Road to the east, Virginia Close to the west and Rachel Close to the south.
Relevant Planning History
Planning Ref. 38090 - Planning permission was refused in 2004 for 5 detached houses on land rear of 38-42 Brixey Road together with part of the rear garden of no. 92 Rosemary Road beyond due to a cramped and awkward layout, over-dominance, harm to residential amenities and poor access.
Planning Ref. 38090/001 - was refused in 2005 for 3 no. detached houses on the same site as the earlier application due to scale, mass, over dominance, harm to residential amenities and failure to make a contribution in accordance with policy L17 of the Local Plan.
Planning Ref. 38090/002 - was refused in 2005 for 5 bungalows on the same site as the earlier application due to over-development, detrimental to character of the area and harmful to the amenities of neighbours, inadequate parking and failure to make a financial contribution in accordance with policy L17. A subsequent appeal was dismissed though not all the grounds identified by the LPA were supported. The Inspector considered that the development would be oppressive to nos. 38 and 40 Brixey Road given its close proximity (less that 2m from the boundary) together with the difference in levels. In addition it was considered that vehicular manoeuvres would cause undue disturbance to no. 42 Brixey Road.
Planning Ref. 38090/003 - was withdrawn at the end of last year.
Rachel Close was granted planning permission approx. 8 years ago and provides for 5 bungalows off a private drive at a density of 27 dph.
Current Proposal
Full planning permission is sought for the erection of one detached bungalow and a pair of semi-detached bungalows. Access would be taken across part of the existing drive to no. 44 Brixey Road. The detached bungalow would be positioned opposite the entrance, its rear garden located behind the rear garden of no. 44 Brixey Road (this having been fenced off some time previously). The semi-detached bungalows would be located to the rear of nos. 40-42 Brixey Road, approximately 5m from the rear garden boundary.
REPRESENTATIONS
4 individual letters and a petition of 8 signatures have been received objecting to the proposal, concerning the following points:
· potential damage to neighbouring property;
· the need for a small retaining wall and removal of a tree stump along the boundary with no. 92 rosemary Road
· retention of hedges/planting along the boundary in neighbouring gardens
· site drainage,
· position of bins close to existing garden areas,
· inadequate boundary treatment and security
· potential access to the rear garden of 92 Rosemary Road and impact of such future development on the amenities of Virginia Close residents (petition from Virginia Close residents)
The Head of Transportation Services – parking complies with Council guidelines of 1.5 spaces; 4.5m wide entrance allows for two-way traffic flow. No objections.
Natural England – objects unless adequate mitigation regarding proximity to healthlands are provided.
Relevant Planning Policy
The following Policies of the Poole Local Plan First Alteration (Adopted 2004) are relevant:
BE1 - (Design Code)
H4 - (Housing)
L17 - (Provision for Recreation Facilities)
NE - (Policies and protection of species)
Planning Considerations
In determining this application careful consideration must be given to the points raised by the Inspector in considering the earlier appeal LPA Ref 38090/002. In particular, it was dismissed due to the close proximity of new bungalows to nos. 38 and 40 Brixey Road and to disturbance to no. 42 from vehicular movements because the access would skirt the curtilage to that property.
(Although it should also be noted that the site boundary is different insofar as the rear garden of no. 92 is no longer included whilst no. 44 Brixey Road is included.)
The principle of residential development is considered acceptable. The Inspector indicated this in his decision letter (38090/002).
The main issues for consideration are:
· impact on the streetscene
· impact on existing residential development
· amenity of proposed dwellings
· access and parking
· financial contributions (L17, Dorset Heathlands)
Impact on Streetscene
· A streetscene has been submitted as part of the application. This shows that the detached bungalow would be clearly visible from Brixey Road. Given the existence of other backland development, and similar views through to bungalows at Rachel Close, this is acceptable.
· From Brixey Road, partial views of the semi-detached bungalows would be possible between nos. 40-42 Brixey Road. The plan shows that the ridgeline of the new bungalows would be lower than that of nos. 40-42. This is considered acceptable.
· An area of hardstanding is proposed close to the site entrance, adjacent to the boundary with no. 42 Brixey Road. This is to be screened by a brick wall and landscaping and is to be used to store bins on collection day. The developer has advised that this is required to ensure that the collection distance does not exceed that operated by the Local Authority refuse collection service. Details of the exact size, appearance and position of this storage area should be required for approval by condition.
Impact On Existing Residential Development
· The bungalow closest to Brixey Road would be positioned further away from the boundary (5m compared with less than 2m in the appeal layout) would have a lower overall roof height and has been moved further away from no. 38. This is welcomed and has the effect of reducing the impact on no. 38, overcoming that part of the reason for refusal. The impact on no. 38 is considered acceptable.
· The proposed bungalow would now be sited partially behind no. 40 and 42. Given the fact that the new bungalow would be off-set and would be 5m from the boundary and that 1.8m boundary treatment would be provided the relationship is considered acceptable and the impact on the existing bungalows at 40 and 42 Brixey Road is considered acceptable. It would be appropriate to impose conditions to withdraw PD rights relating to extensions here, and windows in the roof, in order to ensure and protect the amenity of the existing bungalows.
· The position and design of the detached bungalow is considered acceptable in terms of impact on existing residential development.
· The Inspector was concerned about the likely noise nuisance which would be caused to the existing residents at no. 42 Brixey Road due to the close proximity of the access road to that property. The existing boundary wall around no. 42 would be increased in height to 1.8m high. In addition, a landscaped buffer is proposed in the current layout which would be approx. 2m deep along the side boundary and between 2.6m and 4.6m to the rear. It is considered that this overcomes previous concerns. The impact of vehicle movements on no. 42 Brixey is now considered acceptable.
Amenity Of Proposed Dwellings
The amount of private amenity space is considered adequate.
Access And Parking
5 parking spaces would be provided. This equates to 1.6 spaces per unit. This meets the Council’s parking guidelines. The Head of Transportation Services has also advised that the width of the access road is acceptable.
Financial Contributions (L17, Dorset Heathlands)
Financial contributions would be required with regard to recreation facilities and mitigating the impact on the Dorset Heathlands. This would require a S106 agreement.
Other Issues Raised by Local Residents
· Issues relating to drainage would be dealt with by Building Control.
· Boundary treatment up to 2m in height could be erected around the plots without requiring planning permission. The boundaries to Brixey Road include attractive hedges which greatly enhance the amenity of those gardens , a condition relating to boundary treatment (to ensure these hedges are protected) is recommended.
· Concerns regarding future development of the rear of 92 Rosemary Road would be subject to a separate planning application. A tree in the rear garden of no. 92 has recently been protected by a TPO. It is worth reminding the Committee that the Inspector in determining the appeal which did included the rear of 92 Rosemary Road, did not identify any concerns with the layout put forward at that time with regards to that part of the scheme. There is no presumption against development on the rear of no. 92 in principle subject to usual policy considerations, including the relationship and impact on existing properties and the newly TPO’d tree.
Conclusion
The current plans have been the subject of much negotiation by officers. The proposed bungalows have been re-positioned further away from the existing properties at Brixey Road, the properties have been made narrower, the ridge height lowered and the landscaped buffer provided to no 42 Brixey Road. It is considered that the amended layout complies with Local Plan policy and is therefore recommended for approval.
Human Rights Act
In coming to this recommendation/decision consideration has been given to the rights set out in Article 8 (Right to Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention on Human Rights.
RECOMMENDATION
GRANT – subject to a Section 106 Legal Agreement for:
1. Recreation contributions of £6780.00 (plus Admin fee)
2. Heathland contributions of £4743.00 (plus Admin fee)
Note: If the S106 Legal Agreement is not completed speedily the applications may be refused without further referral to Committee
Subject to the following condition(s)
1 - GN150 (Detailed Permission - 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 - Submission of Details Required )
No development shall take place until details/a plan indicating the positions, design, materials and type of boundary treatment to be erected has been submitted to, and approved in writing by, the Local Planning Authority. The boundary treatment shall be completed before [the use hereby permitted is commenced] [before the building(s) is/are occupied] [in accordance with a timetable agreed in writing with the Local Planning Authority]. Development shall be carried out in accordance with the approved details, maintained for a period of five years and thereafter retained.
Reason -
In the interests of amenity and privacy and in accordance with Policy H4 of the Poole Local Plan First Alteration (Adopted 2004).
3 - HW100 (Parking/Turning Provision )
The development hereby permitted shall not be brought into use until the access, turning space, garaging/vehicle parking and cycle parking shown on the approved plan 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 T11 of the Poole Local Plan First Alteration (Adopted 2004).
4 - HW200 (Provision of Visibility Splays )
Before the development hereby permitted is brought into use and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any subsequent re-enactment thereof, the land designated as visibility splay(s) as indicated on the approved plan(s) shall be cleared of all obstructions over 0.6 metres above the level of the adjoining highway, including the reduction in level of the land if necessary, and nothing over that height shall be permitted to remain, be placed, built, planted or grown on the land so designated at any time.
Reason -
In the interests of highway safety and in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).
5 - GN100 (No Further Windows in the Specified Elevation(s) )
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, no further windows/dormer windows (other than those expressly authorised by this permission) shall be constructed in the roof elevation(s) (such expression to include the roof and wall) of the extension/building hereby permitted, unless otherwise agreed in writing by the Local Planning Authority.
Reason -
To avoid loss of privacy to adjoining properties and in accordance with Policy H4 of the Poole Local Plan First Alteration (Adopted 2004).
6 - GN030 (Sample of Materials - Submission of Details Required )
Details and samples of all external facing and roofing materials to be used shall be submitted to, and approved in writing by, the Local Planning Authority before any on-site works commence. The development shall thereafter be carried out in accordance with the approved details.
Reason -
To ensure that the external appearance of the building(s) is satisfactory and in accordance with Policy BE1 and H4 of the Poole Local Plan First Alteration (Adopted 2004).
7 - (Non Standard Condition )