Item No:1

Case Officer:Mr D Evans

Site:Former Dalgety Site, West Quay Road, Poole, Dorset, BH15 1HS

Application No:05/05406/034/R

Date Received:23rd June 2005

Agent:The Luken Beck Partnership Ltd 30 Carlton Crescent Southampton Hampshire SO15 2EW

Applicant:LInden Homes Southern Ltd

Development:Reserved Matters application pursuant to outline planning permission 00/05406/022/P dated 26/06/03 for 96 flats and a restaurant with associated car parking.

Ward:C 030 Poole Town

This application is brought before the Planning Committee because of the scale of the proposals.

Site Description

The application site comprises land to the north of the multi-storey and surface car parking associated with the West Quay Road Asda store.

The northern boundary of the application site abuts Holes Bay, which forms part of Poole Harbour and which is designated as a Site of Special Scientific Interest (SSSI), a Ramsar Site and Special Protection Area under the Birds Directive. To the west the site abuts the operational quay and maintenance area of the RNLI campus. Access to the site is by a traffic light controlled junction off Holes Bay Road, which also serves the Asda car parking.

The site forms part of a larger area of former industrial land previously occupied by a range of buildings including an 8-storey grain silo, warehouses and chemical stores, builders’ merchants and a bus and coach depot. All of these buildings were demolished and the site cleared and subject to appropriate remediation prior to the construction of the Asda store.

Relevant Planning History

2003 - Outline planning permission for a mixed use development, with access from Hole Bay Road, including:

  • A food store.
  • 64 affordable residential units above the store and an 11 storey tower.
  • A multi-storey car park of up to four levels together with surface level car parking.
  • A 96 flats waterfront residential development.
  • A waterfront restaurant.
  • A 100 bedroom hotel.
  • A 9000 square metres office development.
  • A public park fronting Holes Bay.

This permission was subject to a Section 106 Agreement that secured the payment of contributions in respect of recreational facilities, public art, highway infrastructure and transportation provisions. Detailed approval was given in respect of the access arrangements, the food store and the affordable housing.

2003 - Approval of reserved matters in respect of revised proposals for the food store with residential above, including a multi-storey car park.

Current Proposal

  • The application seeks approval of reserved matters in respect of the 96 waterfront flats and the waterfront restaurant given outline planning permission in 2003. The proposed flats comprise 3 x 3-bed, 78 x 2-bed and 15 x 1-bed flats.
  • The proposals would create a single building of between 2 and 10 -stories high, its footprint reflecting the narrow triangular plan of the application site and forming a narrow spine block, only one flat deep for much of its eastern half.
  • The ground floor would accommodate car parking, bin and bike stores, a restaurant and the lobbies serving the proposed flats. Car parking is also incorporated on the first and second floors with access by means of car-lifts giving a total of 102 spaces (1.06/flat).
  • An 8m. wide waterfront promenade would be created along the whole of the site’s length. Walkways through and around the western end of the building link the promenade to the proposed footway/cycleway across the Asda site and beyond.

REPRESENTATIONS

Head of Transportation Services - no objection subject to appropriate conditions, most particularly in respect of the provision and operation of the two car lifts proposed.

Head of Leisure Services - seeks assurance that the proposed waterside promenade is 8m. wide to ensure the provision of any future route across the RNLI frontage in the event of the relocation of the RNLI. The ‘minimal’ landscaping, scale of the development and ‘blank walls’ to the ground floor are all referred to. The restaurant should be at the eastern end of the building, higher and better integrated into the adjacent waterfront park. The external lighting of the building should be considered in connection with the requirements for public art provision. A viewing area should be incorporated into the promenade overlooking the RNLI complex. No open space is provided and no provision made for childrens play.

Environment Agency - no objection subject to compliance with the requirements in respect of finished levels as required by the outline planning permission.

Health and Safety Executive - no comments

Wessex Water - no comments.

Planning Policy

The following policies of the Poole Local Plan First Alteration (Adopted 2004) are relevant:

CA1 - (Holes Basin – Urban Design)

CA3 - (Land to the East of RNLI, West Quay Road)

BE1 - (Design Code)

BE2 - (Landscaping)

BE9 - (Public Art)

H4 - (Housing Development)

H5 - (Affordable Housing)

H11- (Security through Design)

H13 - (Purpose Built Flats)

NE15 - (Sites of International Importance)

NE16 - (Sites of Special Scientific Interest)

NE31 - (Flood Risk)

T2 - (Cycle Provision in new development)

T3 - (Provision for pedestrians in new development)

T11 - (Car Parking Maxima)

T13 - (Traffic Generated by Development)

L17 - (Provision for Recreational Facilities)

The Supplementary Planning Guidance in respect of the Poole Bridge Regeneration Initiative includes the application site (‘Welcome to Poole pt.1: by road’). Its requirements for this sector of the regeneration area, as they relate to the current proposals, include:

  • A major pedestrian link along the Holes Bay frontage of the site and across the site adjacent to the east elevation of the Asda multi-storey car park.
  • Car parking for residential units that is adequate for their needs but does not adversely affect the urban form and character of the area. An average of 1.1 spaces per unit should be provided. On-site parking should be concealed within blocks or below buildings in such a way that active frontages are maintained at street level.
  • Covered communal and secure parking for two-wheeled transport.
  • distinctive buildings, spaces and features overlooking the north facing shoreline.
  • A variety of building heights, scales and forms, especially in views from Holes Bay Road.
  • Include buildings fronting Holes Bay generally between 3 and 5 stories high, but which should be the tallest in the area.
  • Comprise a combination of high quality, eye-catching buildings and spaces.

Planning Considerations

  • The scale, density and access arrangements for the proposed building were largely determined by the outline planning permission for the redevelopment of the wider site and by the detailed consents for the Asda store, associated residential accommodation and car parking.
  • The colours, materials and design of the proposed building reflect the character and scale of the adjacent Asda building, the linked housing and the extensive surface and decked car parking. The proposals reflect the evolving character of the area and are of an appropriate scale to their surroundings. The Regeneration Initiative SPG sets out the role of this area as a principle gateway to the town centre and recognises that the scale and density of development should form a clear ‘edge and gateway’ to the town centre as the ‘Business Gateway Quarter’ is approached along Holes Bay Road. The building fulfils this role and would create a highly visible and dramatic approach to the town centre, particularly in combination with any future redevelopment of the land to the east as a hotel and offices.
  • The largely inactive ground floor elevation to the south aspect of the building is an appropriate response to the adjacent Asda car parking.
  • The prominent entrance lobbies off the waterside promenade and the siting of the restaurant adjacent to the pedestrian link beneath the building create active frontage in these areas in accordance with the aspirations of the SPG.
  • The extensive use of balconies, most particularly on the north elevation overlooking Holes Bay, and the incorporation of both private and communal roof terraces adds considerably to the amenities of residents. The provision of a LAP (Local Area for Play) within the communal terrace area should be secured by condition.
  • The prominent staircases and service core towers give considerable articulation to the building and with the careful use of appropriate materials create a building that is wholly a appropriate to this location.
  • Car parking is provided in accordance with the provisions of the SPG. The design and siting of the decked car parking would ensure that the amenities of adjacent residents would not be materially harmed by any future proposal to form additional floors on the Asda multi-storey car park.

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 the following conditions

1 - NP080 (Fume Extraction Equipment)

Prior to the commencement of development, or within such other time as might first be agreed in writing, a scheme for the extraction and effective supression of fumes, gases and odours associated with the proposed restaurant shall be submitted to and approved in writing by, the Local Planning Authority. The approved scheme shall be fully implemented prior to the restaurant use commencing and thereafter retained and operated in accordance with the manufacturers instructions for so long as the use continues.

Reason -

To protect the amenities of occupiers of adjoining properties and in accordance with Policy NE1 of the Poole Local Plan First Alteration (Adopted 2004).

2 - HW200 (Provision of Visibility Splays)

Before any flat is first occupied 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 splays as indicated on the approved plan 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 Policies H13 and T13 of the Poole Local Plan First Alteration (Adopted 2004).

3 - Non Standard

There shall not at any time be vehicular access provided directly from the adjacent carriageway to any proposed 'car lift'. Measures to secure this requirement and in accordance with a scheme which shall first have been submitted to and approved by the Local Planning Authority, shall be installed prior to the occupation of any flat and thereafter retained at all times.

Reason -

In the interests of highway safety and in accordance with Policies H13 and T13 of the Poole Local Plan First Alteration (Adopted 2004).

4 - Non Standard

Before development commences full details of a lighting scheme to the proposed pedestrian and cycleway routes around and beneath the building shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in accordance with a timetable that will first be agreed in writing by the Local Planning Authority and shall thereafter be retained at all times.

Reason -

To ensure that the proposed pedestrian routes/cycleways provides a safe and attractive environment and in accordance with the provisions of Policies T2 and T3 of the Poole Local Plan First Alteration (Adopted 2004).

5 - Non Standard

The proposed pedestrian and cycleway routes around and beneath the building shall be provided and made available for public access in accordance with a timetable that will first be agreed in writing by the Local Planning Authority. Public access within these areas shall thereafter be retained at all times.

Reason -

To ensure that the proposed pedestrian routes/cycleways provides are provided and thereafter retained in accordance with the provisions of Policies T2 and T3 of the Poole Local Plan First Alteration (Adopted 2004).

6 - Non Standard

Before development commences or within such other time as might be agreed by the Local Planning Authority full details of all canopies, ballustrades, ventilation grills, cycle parking equipment, gates and barriers to car-parking, and the restaurant shopfront shall be submitted to and approved in writing by the Local Planning Authority.

Reason -

To secure properly planned development and in accordance with the provisions of Policies BE1 and H13 of the Poole Local Plan First Alteration (Adopted 2004).

7 - Non Standard

Before development commences or within such other time as might be agreed by the Local Planning Authority full details of the layout and landscaping of the private and communal roof terraces and a timetable for their provision shall be submitted to and approved in writing by the Local Planning Authority. The layout of the communal area shall incorporate a LAP (Local Area for Play) play area.

Reason -

To secure properly planned development and in accordance with the provisions of Policy H13 of the Poole Local Plan First Alteration (Adopted 2004).

Informative Notes

1 - IN620 - 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 accords with site specific criteria - Policies CA1 and CA3

b)The character of the area would not be adversely affected - Policy BE1

c)Recreation contribution paid - Policy L17

d)Landscaping will enhance the appearance of the area - Policy BE2

e)The proposal will not adversely affect a protected species or a site of international nature conservation importance - Policies NE15 and NE16.

f)Provision has been made to secure public art - Policy BE9

g)Financial contributions towards transportation issues are provided and proper provision for pedestrians, cyclists and car parking - Policies T2, T3, T11 and T13

h)Affordable housing provision has been secured - Policy H5

i)The proposals have regard to the principles of security through design - Policy H11

j)The purpose built flats respect their setting - Policy H13

k)Provision has been made to defend the scheme from flooding - Policy NE31

2 - IN430 - 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.

3 - IN440 - Subject to Recreational/Open Space Contribution

This application and permission is subject to a requirement that a capital contribution is made towards recreational/open space provision in accordance with the policies contained in the Poole Local Plan.

4 - IN590 - Subject to Affordable Housing

This application and permission is subject to a requirement that provision is made for affordable housing in accordance with policies contained in the Poole Local Plan.

5 - IN460 - Subject to Highway Contribution

This application and permission is subject to a requirement that a capital contribution is made towards highway infrastructure and transportation measures in accordance with the policies contained in the Poole Local Plan.

6 - IN600 - Subject to Green Travel Plan

This permission is subject to the implementation of a Green Travel Plan in accordance with the policies contained in the Poole Local Plan

7 - Non Standard

The Borough of Poole supports the aims and objectives of the Dorset Police 'Secured by Design' scheme. This is an initiative that seeks to achieve high standards of security by promoting principles of good design in the built environment. The application of these principles is a proven method of reducing crime, the fear of crime and anti social behaviour. Details of the scheme are available on the website Should you wish to discuss the 'Secured by Design' initiative please contact the Architectural Liaison Officer, Gravel Hill Police Station, 1 Canford Heath Road, Poole, Dorset, BH17 7NG. (Telephone: 01202 227833).

8 - Non Standard

The applicants are reminded that conditions attached outline planning permission Ref. No. 00/05406/022/P require that no development shall take place on the application site pursuant to the consent now given until approval has also been secured in respect of matters that include the proposed landscaping of the site (and the future management of those areas) and public art provision.

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