AGENDA ITEM 5
Case Officer:Mr D Howells
Site:Land off Woodlands Avenue, Poole, Dorset,
BH15 4EG
Application No:04/29819/001/P
Date Received:24th August 2004
Agent:Anders Roberts & Associates Chapel Studios 14 Purewell Christchurch Dorset BH23 1EP
Applicant:Caleb
Development:Outline application to demolish existing dwelling, sever land and erect 14 residential units. Access from Woodlands Avenue (Revised Scheme) as amended by plans received 22nd October 2004.
Ward:B 020 Hamworthy East
The proposal is brought before the Planning Committee at the requests of Councillors White & Gregory, on grounds of local public interest.
Site Description
The 0.46ha application site comprises the curtilage of No.111 Woodlands Avenue (a bungalow) and parts of the long rear gardens of Nos. 262-278 Blandford Road. The character of the surrounding area is predominantly residential comprising detached bungalows, chalet bungalows and 2 storey houses in Woodlands Avenue, and bungalows and semi-detached houses fronting Blandford Road.
A public footpath adjacent to the application site links Woodlands Avenue to Blandford Road. To the north of the footpath, is St Michael’s Church and its burial ground.
Tree Preservation Order 50/2000 covers the principal trees on the application site.
Relevant Planning History
A previous outline application was withdrawn following concerns about design and its impact on nearby residential amenities (August 2004).
There is no other relevant planning history.
Current Proposal
Outline Planning Permission is sought to demolish the existing bungalow at No.111 Woodlands Avenue, sever land from the rear gardens of Nos. 262-278 Blandford Road and erect 14 residential properties (2 bungalows, 6 chalet bungalows and 6 houses) with vehicular access off Woodlands Avenue.
- Approval is sought for siting, external appearance and means of access with all other details being Reserved Matters.
- The proposals also include highway improvements to the T-junction of Woodlands Avenue in order to improve visibility splays and highway safety.
REPRESENTATIONS
The Head of Transportation Services - has no objection to the proposed development subject to securing the proposed junction improvements and other appropriate conditions. A Section 106 Agreement should secure financial contribution towards schemes that promote modes of transport other than the car and towards introducing waiting restrictions in Woodlands Avenue.
The Environment Agency - has no objection to the proposals. The site is identified as possibly susceptible to localised flooding. A flood risk assessment should be undertaken and any remediation measures identified should be implemented.
Wessex Water - has no objection to the proposal and considers there is sufficient capacity in existing foul and water sewers to accommodate the proposed development.
36 letters have been received from nearby residents. The following concerns are expressed:
- Loss of nearby residential amenities;
- The proposal represents an overdevelopment of the site which is out of character with the established pattern and form of nearby development;
- Potential damage to protected and other non protected trees;
- Development of the site will lead to increased flooding of surrounding properties; and
- Increased traffic movements will prejudice highway safety.
Furthermore the following concerns are expressed about the proposed highway junction improvements:
- The proposed junction improvements will be inadequate to handle increased traffic movements;
- Works may lead to increased flooding; and
- Inadequate visibility splays will prejudice highway safety.
Relevant Planning Policy
The Policies of the Poole Local Plan First Alteration (Adopted March 2004) that are relevant to the determination of this application are:
BE1 – (Design Code)
BE2 – (Landscaping)
NE28 – (Tree Preservation Orders)
NE31 – (Flood Risk)
T11 – (Car Parking Maxima)
T13 – (Traffic Generated by Development)
H4 – (Housing Development)
L17 – (Provision for Recreation Facilities)
Planning Considerations
The Outline application seeks detailed approval for the siting of the proposed dwellings, their external appearance and means of access. All other considerations are retained as Reserved Matters for later consideration.
The proposed properties would make efficient use of land within the existing built-up area achieving 30 dwellings per hectare, in accordance with Central Government guidance (PPG 3: Housing) and adopted Council policy, (Policy H4). This is approximately the same density as the existing development in Woodlands Avenue.
The proposed residential are similar in size and character to nearby homes and would be in keeping with the existing character of the area.
The trees covered by a Tree Preservation Order have been taken into account through the scheme’s layout and are fully preserved and retained. A condition requiring the protection of trees during building works is recommended.
The Council’s Arboricultural Officer has in addition examined the group of trees located in the southern corner of the site, adjacent to the rear garden of No.260 Blandford Road with a view to the making of a Tree Preservation Order. These include a number of fruit trees and 2 mature Ash trees, but are not considered worthy of the making of an Order. The trees do nevertheless currently offer some amenity value.
In terms of preserving neighbouring residential amenities, the proposed siting and external appearance of the residential units is considered to be acceptable.
Plot Nos. 7-13 are positioned at least 8 metres off the common boundary with the parent plots fronting Blandford Road, with a distance of separation between the existing dwellings and those proposed of at least 35 metres. This is sufficient to ensure that first floor windows at the rear of the proposed houses would not give rise to material harm from overlooking. Plot Nos. 2, 3, 4 & 5 are positioned at least 9 metres off the common boundary with No. 107 Woodlands Avenue. Notwithstanding the submitted drawings, details of any 1st floor windows on all of these plots should be reserved for consideration as a reserved matter, to be resolved in association of the consideration of the internal layout of these homes. The design and location of these windows should have regard to concerns about privacy and overlooking. Permitted Development rights to form any additional windows on the rear elevations of plot Nos. 2,3,4 & 5 will be removed in order to prevent further overlooking (condition No.8).
The bungalow proposed on plot No. 6 has no adverse implications for the neighbouring property at No. 10 Woodlands Crescent. Likewise on plot 7, the proposed 2-storey dwelling has no adverse implications for the occupiers of the adjacent property at No. 260 Blandford Road.
Finally plot No.14 is positioned at an angle to the rear garden of No. 278 Blandford Road and therefore would not directly overlook its rear garden.
The applicant will be required to submit a Flood Risk Assessment prior to any works commencing on the site, and any mitigation measures implemented. Subject to any measures identified in the Flood Risk Assessment the development would not exacerbate the risk of localised flooding.
The proposed site layout is considered acceptable since the turning facilities; car-parking provision and new access road are in accordance with the Council’s adopted standards.
There is currently poor visibility at the T-junction at Woodlands Avenue. As part of the development, the applicant has proposed modifications to the existing junction to improve highway safety. The modifications include reducing the road’s width from 7.4 metres to 6.1 metres and providing appropriate visibility splays. These alterations take account of traffic movements to Cobbs Quay marina and the reduced width is acceptable subject to waiting restrictions being imposed on the junction and it’s approaches. The junction improvements are considered acceptable and would represent a significant improvement on the current situation. Precise details of these highway realignment works will be required (condition No.4) and will be required to be implemented and completed prior to any works commencing on site (including site clearance) in order that construction related vehicles can enter and leave the cul-de-sac without prejudicing highway safety.
The proposed development accords with the policies of the adopted Poole Local Plan, in terms of means of access, siting and external appearance. It is therefore recommended that planning permission be granted, subject to appropriate conditions and the applicant entering into a Section 106 Agreement to secure the necessary contributions towards provision of recreational facilities, promoting alternative modes of transport other than the private car, and securing waiting restrictions in Woodlands Avenue.
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:
- £29,380.00 (plus administration fee) towards off-site recreation facilities in accordance with Policy L17 of the Poole Local Plan first alteration (Adopted March 2004).
- £13,000.00 (plus administration fee) towards local schemes for promoting modes of transport other than the private car in accordance with Policy T13 of the Poole Local Plan first alteration (Adopted March 2004).
- £2,000.00 (plus administration fee) towards introducing parking restrictions in Woodlands Avenue in accordance with Policy T13 of the Poole Local Plan first alteration (Adopted March 2004).
Note: If the Section 106 Legal Agreement is not completed within a reasonable timescale then the application may be refused without further reference to Committee.
Subject to the following conditions
1 - OL010 (Outline Permission - Submission of Reserved Matters )
No development shall take place until approval of the details of the internal design of the dwellings, the landscaping of the site and (notwithstanding the approved drawings) the size design and location of all first floor windows (including any dormer window or other window within the plane of any roof), hereinafter called "the reserved matters" has been obtained in writing from the Local Planning Authority and the development shall be carried out in accordance with the approved details.
Reason -
This condition is required to be imposed by the provisions of Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.
2 - OL020 (Outline Permission - Timing of Reserved Matters Submission )
Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this permission and the development hereby permitted shall be begun either before the expiration of 5 years from the date of this permission or before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved whichever is the later.
Reason -
This condition is required to be imposed by the provisions of Article 4 of the Town and Country Planning (General Development Procedure) Order 1995 and Section 92 of the Town and Country Planning Act 1990.
3 - Non Standard
For the avoidance of doubt, the design of the proposed residential units to be agreed by Reserved Matters shall not exceed the ridge heights of the residential units approved by the Oultine approval.
Reason
To ensure that the external appearance is satisificatory and does not cause un-neighbourly development, in accordance with the provisions of policies BE1 and H4 of the Poole Local Plan First Alteration (Adopted March 2004).
4 - Non Standard
Prior to the implementation of any works identified on the application site including site clearance, plans and particulars showing the layout, together with details of levels, sections, drainage, and street lighting of the proposed Woodlands Avenue T-junction improvements shall be submitted to, and approved in writing by, the Local Planning Authority. Upon written approval of those details, the works shall be implemented and completed prior to any works on the application site commencing, unless otherwise agreed in writing.
Reason -
In order that juncition improvements are carried out prior to any construction activities on the site and in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).
5 - Non Standard
Prior to the first occupation of any residential unit hereby approved, completion of the roadworks as illustrated on the approved site plan shall occur and be completed. This will entail the making good of works previously undertaken and the final surfacing, grassing and landscaping, 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 convenience, and a well co-ordinated development in accordance with Policy BE1 of the Poole Local Plan First Alteration (Adopted 2004).
6 - GN020 (Screen Fencing/Walling - Submission of Details Required )
No development shall take place until details including 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 residential units are first occupied. 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 BE1 of the Poole Local Plan First Alteration (Adopted 2004).
7 - 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 are satisfactory and in accordance with Policy BE1 of the Poole Local Plan First Alteration (Adopted 2004).
8 - 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 windows or dormer windows, other than those permitted on application to the Local Planning Authority, shall be constructed in the rear elevation of the roof of the dwellings on plots 2,3,4 & 5 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).
9 - GN120 (Storage of Refuse - Submission of Details Required )
Provision shall be made within the site for storage of refuse prior to disposal, in which respect a scheme shall be submitted to, and approved in writing by, the Local Planning Authority prior to the commencement of on-site works; implemented prior to the first occupation and thereafter retained.
Reason -
In the interests of amenity and to ensure that no obstruction is caused on the adjoining highway and in accordance with Policy BE1 of the Poole Local Plan First Alteration (Adopted 2004).
10 - 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 T13 of the Poole Local Plan First Alteration (Adopted 2004).
11 - HW140 (Road Layout - Submission of Details Required )
Plans and particulars showing the layout, together with details of levels, sections, drainage, and street lighting of the proposed road, shall be submitted to, and approved in writing by, the Local Planning Authority and development shall not be commenced before these details have been approved, unless otherwise agreed in writing.
Reason -
In order that the Local Planning Authority may be satisfied with the details of the proposal and in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).
12 - Non Standard (Non Standard Condition )
Prior to the commencement of development, the developer shall agree in writing with the Local Planning Authority and subsequently provide a temporary car park within or near the site to accommodate operatives and construction vehicles in accordance with the agreed details for the whole contract period, unless otherwise agreed in writing by the Local Planning Authority.
Reason -
In the interests of highway safety and convenience and in accordance with the provisions of the Poole Local Plan First Alteration (Adopted 2004).
13 - DR020 (Drainage - Submission of Details Required )
The 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.
Reason -
To ensure there is adequate provision of drainage facilities and in accordance with the provisions of the Poole Local Plan First Alteration (Adopted 2004).
14 - Non Standard
Prior to any works commencing on site, a flood risk assessment shall be undertaken and the report's finding submitted to the Local Plannig Authority for its approval. Upon written confirmation of the report's approval, the report mitigation measures shall be implemented and completed on site prior to the first occupation of any residential unit hereby approved.
Reason -
In order to reduce the risk of localised flooding and in accordance with the provisions of PPG25 and the Poole Local Plan First Alteration (Adopted March 2004).
15 - TR020 (Tree Survey and Arboricultural Implications Study - Submission Required (Outline Application) )
The first submission of reserved matters shall include a full tree survey, arboricultural implications study and, where necessary, an arboricultural method statement, taking account of the trees on site and on adjoining sites.
Reason -
In order that the Local Planning Authority may be satisfied that consideration has been given to the potential impact of the development on trees in order to protect trees both on the site and adjoining sites that are protected by a Tree Preservation Order and in accordance with Policy NE28 of the Poole Local Plan First Alteration (Adopted 2004).
Informative Notes
1 - IN030 - Public Right of Way
The applicant is advised that the Public Right of Way alongside this site shall be maintained at all times whilst work is being carried out on site and at no time shall this highway be obstructed.