Borough of Poole
Planning Committee
List of Planning Applications
THURSDAY 26 AUGUST 2004
BOROUGH OF POOLE
Planning Committee
DATE: 26 August 2004 at 6:00 pm
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).
8. Councillors are advised that if they wish to refer to specific drawings/plans which are not part of these papers to contact the relevant case officer at least 24 hours before the meeting to ensure these can be made available.
TABLE OF CONTENTS
Planning Committee
26 August 2004 at 6:00 pm
Page
NOT BEFORE 6:00 – 7:00 PM*
1 / 42 CLIFTON ROAD / 04/10657/018/P / 42 / HAMWORTHY ENGINEERING LTD,
FLEETS CORNER / 04/05320/140/C / 12
NOT BEFORE 7:00 - 8:00 PM*
3 / 12 BIRDS HILL ROAD / 04/12041/011/P / 164 / THE OLD RECTORY & ADJACENT CAR
PARK, BLANDFORD ROAD / 04/25341/005/F / 21
5 / ROSSMORE COMMUNITY COLLEGE,
HERBERT AVENUE / 04/11790/028/W / 29
NOT BEFORE 8:15 PM*
6 / 10 AVALON / 04/23367/003/F / 347 / 1 SALTERNS QUAY, SALTERNS WAY / 04/04372/107/F / 38
8 / 60 KINGS AVENUE / 04/05384/006/F / 42
9 / 91 SOUTH WESTERN CRESCENT / 04/37898/000/F / 50
*All times are approximate
Item No:1
Case Officer:Ms C M Dick
Site:42 Clifton Road, Poole, Dorset, BH14 9PP
Application No:04/10657/018/P
Date Received:1st July 2004
Agent:J Burgess & Associates Ltd, 22a Parkstone Road, Poole, Dorset, BH15 2PG
Applicant:Whitecliff Homes Ltd
Development:Outline application to demolish existing dwelling and erect a 3 storey block of 4 flats.
Ward:E 050 Penn Hill
This application is brought before the Planning Committee at the request of Councillor Parker due to concerns raised by local residents regarding the introduction of flats into the road.
Site Description
This is a large detached split level property, being two-storeys to the front elevation and three-storeys to the rear, which is situated on the northern side of Clifton road. The site slopes steeply from the front to the rear boundary and is terraced at the rear of the property on several levels. The property is finished in white painted pebbledash render under a plain tiled roof. It has a single storey flat roof garage to the eastern side of the property and a turret feature to the western side, while there is an existing single storey flat roof extension at the rear with a terrace over.
The site is covered by a Tree Preservation Order and contains several trees to the rear of the property, while there is also a tree located immediately adjacent to the boundary within the curtilage of no. 40 Clifton Road.
The front boundary of the site is demarcated by a low stone wall with railings above and iron gates across the vehicular access.
Relevant Planning History
An application for various extensions to the property was approved in 2003 (ref: 10657/016/F).
Current Proposal
The application is an outline application for the demolition of the existing house and erection of 4 flats with siting and means of access to be considered at this stage. The footprint of the proposed development would be largely within the parameters of the existing property. The access to the site would involve the closure of the western access and only use the eastern access.
REPRESENTATIONS
The owners/occupants of the neighbouring properties were notified of the proposal. 57 letters of objection and 1 petition has been received. The following objections have been made:-
- Will set a precedent for future flat development
- Out of character
- Loss of amenity – more noise, increased traffic, and increased parking in the roads
- Loss of privacy
- Loss of property values of neighbouring properties
- Overdevelopment
- Add additional pressure to current shared drainage
- Inadequate parking provision
- Human Rights violated
Other representations received are as follows:-
Dorset Lake Residents Association – objection. Concerned that the proposal introduces flats to an area which has until now been detached houses. This creates an unfortunate precedent, which will be detrimental to the present and future residents in terms of increased traffic and noise, resulting in a loss of amenity.
Head of Transportation Services – no objection subject to amended garaging and car parking spaces.
Senior Arboricultural Officer – acceptable subject to conditions and informative notes regarding willow pruning and a tree protection zone.
Relevant Planning Policy
BE1 - (Design)
NE27 - (Individual or grouped trees)
NE28 - (Tree Preservation Orders)
H4 - (Residential Development)
H13 - (Flat Development)
NE23 - (Coastal Zone and Shoreline Character)
L17 - (Provision for Recreation Facilities)
Planning Considerations
The principal considerations in this case relate to the impact of the proposal upon the character and appearance of the streetscene, the impact upon residential amenity, impact on important trees, highway safety and recreational contributions.
Impact on the streetscene
- The site and existing building is prominent in the streetscene when viewed from Clifton Road and also can be seen from the rear from Kings Avenue.
- The proposed footprint will be no further forward than the existing bay window on the front elevation and will extend an additional 1.5m to the rear than the existing rear elevation of the main house. The proposed footprint would be set away from the side boundaries by 4m on the west boundary and 1m off the eastern boundary.
- Whilst outline, the illustrative plans show that the proposed development would be no higher than the existing house (and the approved extension ref:10657/016). A condition can be attached to the outline consent restricting the height of the development.
- Although the topography of the site is such that the rear garden drops away steeply this does not preclude development. A condition to ensure the stability of the land is proposed.
- The principle of flat development is acceptable and its principle is not restricted by local plan policy in locations where flats are not predominant.
Neighbouring Privacy and Amenity
The proposal is outline, with siting and means of access only to be considered with this application. Any issues of overlooking or loss of privacy can be adequately dealt with at the reserved matters application.
Trees
Subject to the imposition of conditions and informative notes requiring a tree protection zone at the rear and willow pruning, the impact on protected trees is acceptable.
Highway Safety
Vehicular visibility is acceptable and pedestrian visibility splays are indicated on the plans which can be secured by condition. The number of garaging/
parking spaces provided is acceptable.
Recreational Contributions
In accordance with Policy L17 of the Poole Local Plan the provision of recreation facilities must be considered for all proposals for new residential development and this would be secured with a Section 106 Agreement.
Human Rights Act
Approve
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 Agreement for:
- A financial contribution of £3,564.00 (plus administration fee) towards the provision of recreational facilities in accordance with Policy L17 of the Poole Local Plan First Alteration (Adopted 2004).
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 - OL010 (Outline Permission - Submission of Reserved Matters)
No development shall take place until approval of the details of the design and external appearance of the building(s) and the landscaping of the site (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 three years from the date of this permission and the development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two 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 - 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 is satisfactory and in accordance with Policy BE1, H4 and H13 of the Poole Local Plan First Alteration (Adopted 2004).
4 - 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 H4 and H13 of the Poole Local Plan First Alteration (Adopted 2004).
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 H4 and H13 of the Poole Local Plan First Alteration (Adopted 2004).
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, the land designated as visibility splays as indicated on the approved plans 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 H4 and H13 of the Poole Local Plan First Alteration (Adopted 2004).
7 - LS030 (Implement Landscaping Scheme (Outline Application))
Upon approval of the landscaping details (including 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) pursuant to Condition 1:
a) the approved scheme shall be fully implemented with new planting carried out in the planting season October to March inclusive following occupation of the building(s) or the completion of the development whichever is the sooner, or in accordance with a timetable to be agreed in writing with the Local Planning Authority;
b) all planting shall be carried out in accordance with British Standards, including regard for plant storage and ground conditions at the time of planting;
c) the scheme shall be properly maintained for a period of 5 years and any plants (including those retained as part of the scheme) which die, are removed or become damaged or diseased within this period shall be replaced in the next planting season with others of a similar size and the same species, unless the Local Planning Authority gives written consent to any variation; and
d) the whole scheme shall be subsequently retained.
Reason -
In the interests of visual amenity, to ensure that the approved landscaping scheme is carried out at the proper times and to ensure the establishment and maintenance of all trees and plants in accordance with Policy H4 and H13 of the Poole Local Plan First Alteration (Adopted 2004).
8 - Non Standard (Non Standard Condition)
Chestnut pale or similar form of robust protective fencing, at least 1.25 metres high and supported and braced with a scaffolding framework shall be erected 5metres into the site, from the rear boundary, parallel with the rear boundary fence unless with the prior written consent of the Local Planning Authority to any variation.
Such fencing shall be erected before 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. Such fencing shall not be removed or breached during construction operations without prior written approval by the Local Planning Authority, but shall remain in place for the entire development phase and until all equipment, machinery and surplus materials have been removed from the site.
Within the areas so fenced, the existing ground levels shall not be altered and there shall be no development or development-related activity of any description, including trenches or pipe runs for services or drains, the deposit of spoil or the storage of materials.
The Local Planning Authority shall be advised in writing when the protective fencing has been erected so that it can be checked on site before development commences.
No fires shall be lit within 15 metres of the furthest extent of the canopy of any tree or group of trees to be retained on the site or adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land.
Reason -
To prevent trees that are to be retained on-site from being damaged during the construction works and in accordance with NE27 & NE28 of the Poole Local Plan First Alteration (Adopted 2004)
9 - Non Standard (Non Standard Condition)
Prior to the commencement of the development hereby approved details of the construction process and method to ensure that the adjoining land is stabilised, including the timetable for implementation, shall be submitted to the Local Planning Authority and approved and the development thereafter carried out in accordance with that scheme.
Reason -
To ensure that the development maintains the stability of adjoining land and in the interest of ensuring that the trees that are of significant amenity value are not harmed.
10 - Non Standard (Non Standard Condition)
Prior to the commencement of demolition/development, a specification of the pruning works to the Willow tree within the curtilage of No40 Clifton Road which are required to facilitate the development hereby approved prepared by an arboricultural consultant or tree surgeon holding a nationally recognised arboricultural qualification shall be submitted to, and approved in writing by, the Local Planning Authority. All pruning works shall subsequently be carried out in strict accordance with the approved details.
Reason -
To ensure that the pruning works to be undertaken are satisfactory and in accordance with Policies NE27 and NE28 of the adopted 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 will not affect the character and amenities of the area - Policy BE1
b)Residential Amenity will not be affected adversely - Policy H14 and H13
c)No protected trees will be affected - Policy NE28
d)Recreation contribution agreed - Policy L17
e)No detrimental effect to the safety of other highway users - Policy H4 and H13
2 - 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.
3 - 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.
4 - Non Standard
The applicant is advised that the extension hereby approved will require the need for pruning of the canopy of the adjacent Willow tree which is located within the curtilage of No. 40 Clifton Road. The applicant is therefore advised that this permission does not convey the right to impinge on the civil rights of the owners/occupants of this neighbouring property with regards to the works required to the Willow tree or to carry out the required pruning works without your neighbour's prior consent. This is, however, a civil matter and this planning consent is granted without prejudice to this.
The applicant is also advised that the owner of No. 40 Clifton Road can legally require that any branches that are pruned from the Willow tree be returned to them and is therefore advised to contact the neighbouring landowner in respect of this matter.