Borough of Poole
Planning Committee
List of Planning Applications
THURSDAY 29 JANUARY 2004
BOROUGH OF POOLE
Planning Committee
DATE: 29 January 2004 at 9.00am
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 Design & Control 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).
TABLE OF CONTENTS
Planning Committee
29 January 2004 at 9.00am
Page
WEST
W1 / 166-168 ALBERT ROAD / 03/28475/003/F / 4W2 / ROSSMORE LIBRARY
160 HERBERT AVENUE / 03/04719/006/W / 13
W3 / ALDERNEY MIDDLE SCHOOL
EVERING AVENUE / 03/02729/013/W / 20
W4 / LAND SOUTH OF UPTON ROAD AT
MARSHES END / 03/34305/008/W / 29
W5 / 8 WITNEY ROAD / 03/34804/001/F / 35
W6 / CABOT LANE ENTERPRISE CENTRE
HOLYROOD CLOSE / 03/30339/002/F / 38
EAST
E1 / 8 AVALON / 03/23369/001/F / 48E2 / 68 TWEMLOW AVENUE / 03/11908/016/F / 52
E3 / 68 TWEMLOW AVENUE / 03/11908/015/F / 62
E4 / 68 TWEMLOW AVENUE / 03/11908/017/U / 70
E5 / 14/14A THE AVENUE / 03/04028/010/F / 73
E6 / 68 BROWNSEA VIEW AVENUE / 03/13792/007/F / 81
E7 / 9 BIRCHWOOD ROAD / 03/11586/004/F / 87
E8 / 85 KINGS AVENUE / 03/01333/011/F / 94
Item No:W1
Case Officer:Mrs H E Harris
Site:166-168 Albert Road, Poole, Dorset, BH12 2HA
Application No:03/28475/003/F
Date Received:1st December 2003
Agent:Anders Roberts & Associates Chapel Studios 14 Purewell Christchurch Dorset BH23 1EP
Applicant:Holton Homes
Development:Demolish existing dwellings and erect two blocks of 5 2xbed flats (10 total) with parking provision. Access from Albert Road. (Revised Scheme).
Ward:G 070 Branksome West
This application is brought to the Planning Committee at the request of
Cllr Eades because of concerns relating to traffic and car parking problems, and conflict with Policy BE1.
Site Description
The 2 existing detached houses on this 0.159 hectare site occupy staggered siting with No.168 being 3.5 metres forward of No.166, and both fronting Albert Road. Steep levels here result in No.170 to the north being approximately 1.5 metres above the ground level of the application site (over a separation distance of about 7.5 metres). The other neighbour No.164 is set back on its plot approximately 23 metres from Albert Road, and is about one metre lower than the application site, with a separation gap of only 2 metres between the existing garage building of 166 (to be removed) and
No.164.
The current site density is about 12.5 dwellings to the hectare.
On the opposite side of the road are detached houses around the junction with Lincoln Road.
No.164 has no first floor windows overlooking the application site, and ground floor windows in its side are screened by the lower level and fencing.
Relevant Planning History
Planning permission was refused for 2 blocks of 7 flats (14 flats in total) with associated car parking on the 4th July 2003 for reasons of development of excessive size, scale, bulk and height with too much hard surfacing amounting to over development, plus the oppressive and over dominant impact and overlooking harmful to neighbouring amenity, the lack of recreational contribution and contribution to promote other forms of transport.
More recently permission was refused for 2 two storey blocks of 10 flats with parking on 11th November 2003 (Ref. 28475/2) for the following reasons:
- The proposed development, by virtue of its size, bulk and height and the level of hard surfacing, would amount to over development of the plot. This would be harmful to the character of the area by creating an unduly prominent development on the site, at odds with the more domestic scale of buildings in the neighbourhood. In this way, the proposal would be contrary to Policies H11 and BE1 of the Adopted Poole Local Plan 1998 and its First Alteration Revised Deposit Plan November 2001.
- The proposed size and depth of the blocks and their relatively close proximity to site boundaries, would present an oppressive and over dominant built form so close to the domestic curtilages of the adjoining residential occupiers. This, together with the high level of development and hard surfacing on the plot would amount to disturbance to and erosion of residential amenities, contrary to Policy H11 of the Poole Local Plan 1998 and its First Alteration Revised Deposit Plan November 2001.
- The proposal fails to make a contribution to recreational open space facilities within the Borough in accordance with Policy L21 of the Poole Local Plan 1998. As such, it would put an additional demand on existing recreational facilities in the Borough. It would be contrary to Policy L21 and set a precedent that would make it difficult for the Council to implement this Policy effectively in the future.
- The proposal fails to promote other forms of transport or make a contribution towards promoting other forms of transport within the Borough. As such, it would lead to increased demand on the existing highway network contrary to the Poole Local Plan and PPG13.
Current Proposal
This application proposes 2 blocks of flats, each comprising 5 two bedroom units. It is a revised scheme, showing two blocks with a central access as before, but the previously proposed rear maisonettes to each block have been deleted. Therefore smaller buildings are now proposed approximately 11 metres deep and 12 metres wide with three tiers of accommodation within 2.5 storey buildings.
The bin store and 3 parking spaces are shown towards the front of the site. A further 12 car parking spaces are shown in a car park towards the rear. There would be over 6 metres between the proposed blocks, which would also be staggered in siting with Block A over 10 metres forward of Block B, (compared to an existing gap between houses of 3.5 metres).
Planning Policy
The following policies of the Adopted Poole Local Plan 1998 and its First Alteration Revised Deposit Plan November 2001 are relevant:
BE1 – (Design Code)
H11 – (Purpose Built Flats)
NE26 – (Trees)
T17 and T11b – (Car Parking)
T14 and T13a – (Traffic generated by Development)
T22 – (Highway Contributions)
L21 – (Recreational Contributions)
REPRESENTATIONS
There have been 9 letters of objection. Concerns cover:
Parking problems and congestion, over development, over dominance, loss of wildlife, loss of privacy, threat to pedestrian safety, additional noise, problems of changing steep levels, excessive height and occupation, insufficient reduction since previous refused applications.
Wessex Water - require the attachment of advice relating to the disposal of foul and surface water drainage.
Dorset Police - provide comments on the design of the scheme, generally favouring the central driveway, and suggesting sensitive planting and good lighting to the development.
The Head of Transportation Services - has no objection but would require a contribution of £8000 (plus administration fee) to promote other forms of transport to the car, such as bus shelters, raised kerbs, real time information, and conditions are suggested.
Planning Considerations
The main issues in the consideration of this case are whether the proposals would be harmful to the character to the area, detrimental to adjoining residential amenity, whether highway safety would be prejudiced and whether the applicant is prepared to contribute to recreational facilities within the Borough, measured against the previous refusals for development on the site.
Character of the Area
This part of Parkstone is a tight knit residential area, currently characterised by detached and semi-detached houses including some flat conversions.
The bulk of the proposed blocks has been reduced from that previously refused by the omission of the maisonettes at the rear. In this way, the revised buildings now respect more the domestic scale of the area, by having similar footprints to the parent properties and neighbours.
- However careful consideration is needed with regard to density that needs to be assessed in the light of paragraph 8.84 of the Local Plan. The density equivalent stated is based on flats having a gross floor area of 100 sq.m. This would result in a density equivalent of 33 per hectare, and this would accord with the requirements of PPG3 in terms of falling within the 30-50 dwellings to the hectare bracket, having regard to making the most efficient use of urban land.
- The depth of the proposed built form is 10 metres (previously 15.5 metres), similar to the existing depth. In this way it is considered that the scale reflects the existing built form.
- Block B is the most prominent as viewed from the south though it is partially obscured by No.164 adjoining. The curtailment to the block’s depth has contributed to the perceived reduction of its prominence in the skyline, since its side elevation would be shorter and therefore its bulk less. It is considered that the reductions are significant enough to warrant a different conclusion now being reached on the issue of visual intrusion and this aspect of the proposal is considered acceptable.
Residential Amenity
- The bulk and scale of the properties has been reduced and with this has come a reduction to the oppressive and over dominant impact of the side elevations of the proposed blocks to the neighbouring houses, Nos.170 and 164. These neighbours would no longer be faced with the same depth of building and there would be greater space about the proposed blocks than previously proposed. The height would be similar to that previously proposed, but now within a reduced built form it is considered that there would not be an unduly prominent or oppressive impact from this element.
- There is only one bedroom window at first floor level in each side elevation proposed. Due to the raised level of Block B compared to
No.164 this window would only have a sharp angle of view into this neighbour’s property, and is not regarded as a significant constraint. The north facing window in Block A is more contentious because of the number of facing windows and conservatory to the side of No.170. Therefore the lower half of the window would need to be obscure glazed to prevent overlooking. - The rear parking area for 10 cars has sufficient landscaping and amenity space around it to prevent significant noise and disturbance to neighbouring gardens. Greater open space would exist on the site with the current scheme.
Highways
The car parking layout has been altered to reduce the dominance of cars on the frontage with 15 spaces being required for 10 flats which satisfies the parking requirement. A financial contribution towards promoting other forms of transport is required and a sum of £8000 (plus administration fee) has been requested.
Recreational Contributions
A recreational contribution of £10,040 (plus administration fee) would be required by way of a Legal Agreement, and this would need to be secured prior to the release of any permission.
Conclusion
The proposed blocks have been amended to reflect the domestic scale of buildings in the neighbourhood, so that their size and scale is now similar to the original houses. The occupation by 10 flats is a greater intensification of use of the site, but the site area and depth is relatively large and adequate space exists for such a level of use. It is considered that the proposal is now an appropriate form of development in the area, meeting the needs of PPG3 in terms of making effective use of land, and it is in accordance with Policy H11 of the Poole Local Plan and its First Alteration.
Human Rights Act
In coming to this recommendation 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 Agreement for:
1.A financial contribution of £10,040 (plus administration fee) towards the provision of recreational facilities in accordance with Policy L21 of the Poole Local Plan and First Alteration Revised Deposit Plan (November 2001).
2.A financial contribution of £8,000 (plus administration fee) towards improvements/facilities to promote other modes of transport other than the car in accordance with Policy T7 of the Poole Local Plan (1998) and Policy T14a of the First Alteration Revised Deposit Plan (November 2001).
Note: If the Section 106 Legal Agreement is not completed within 6 months then the application may be refused without further reference to Committee.
Subject to the following conditions
1 - GN010 (Detailed Permission - Time Expiry 5 Years (Standard))
The development to which this permission relates shall be begun not later than the expiration of five years beginning with the date of this permission.
Reason -
By virtue of Section 91 of the Town and Country Planning Act 1990.
2 - 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 buildings is satisfactory and in accordance with Policy H11 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).
3 - HW080 (Access Crossing - First 4.5 Metres Constructed to Specification)
Concurrently with the construction of the development hereby permitted, the first 4.5 metres of the access crossing, measured from the near side edge of the carriageway, shall be laid out, constructed, hardened and surfaced, in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority.
Reason -
In the interests of highway safety and in accordance with Policy T14 of the Adopted Poole Local Plan (1998) and Policy T13a of the First Alteration Revised Deposit Plan (November 2001).
4 - HW100 (Parking/Turning Provision)
The development hereby permitted shall not be brought into use until the access, turning space, vehicle parking, cycle parking and refuse storage 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 T17 of the Adopted Poole Local Plan (1998) and Policy T11b of the First Alteration Revised Deposit Plan (November 2001).
5 - HW110 (Cycle Provision)
Prior to the commencement of development, details of secure cycle parking facilities 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 T22 of the Adopted Poole Local Plan (1998) and Policy T1b of the First Alteration Revised Deposit Plan (November 2001).
6 - 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, visiblility splays 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 T14 of the Adopted Poole Local Plan (1998) and Policy T13a of the First Alteration Revised Deposit Plan (November 2001).
7 - HW060 (Close Other Access(es) by Physical Works)
All other existing accesses to the site shall be permanently stopped up and abandoned within 7 days upon construction or opening up of the new access in which respect details are to be submitted to, and approved in writing by, the Local Planning Authority prior to the new access being constructed unless otherwise agreed in writing.
Reason -
In the interests of highway safety and in accordance with Policy T14 of the Adopted Poole Local Plan (1998) and Policy T13a of the First Alteration Revised Deposit Plan (November 2001).
8 - GN090 (Obscure Glazing of Window(s))
Both in the first instance and upon all subsequent occasions, the first floor bedroom window in the north elelvation of Block A coloured orange on the approved plan, shall be glazed with obscured glass on its lower half, in a form sufficient to prevent external views and shall either be a fixed light or hung in such a way as to prevent the effect of obscure glazing being negated by reason of opening.
Reason -
To protect the amenity and privacy of the adjoining property No: 170 Albert Road and in accordance with Policy H11 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).
9 - 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 norht and south side elevations (such expression to include the roof and wall) of the buildings 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 H11 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).
10 - LS020 (Landscaping Scheme to be Submitted)
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, the retention and protection of existing trees and other site features, walls, fencing and other means of enclosure and any changes in levels.