Borough of Poole
Planning Committee
List of Planning Applications
THURSDAY 17 JUNE 2004
BOROUGH OF POOLE
Planning Committee
DATE: 17 June 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
17 June 2004 at 6:00 pm
Page
6:15 – 8:00 pm*
1 / CHUBBS NURSERY17-23 CHURCHILL ROAD / 04/09080/017/P / 4
2 / WATERFRONT MUSEUM
4 HIGH STREET / 04/07033/014/W / 14
3 / WATERFRONT MUSEUM
4 HIGH STREET / 04/07033/016/L / 18
4 / RNLI, WEST QUAY ROAD / 04/14050/042/F / 22
8:15 – 9:30 pm*
5 / 30 CHARBOROUGH ROAD / 04/06979/005/F / 326 / DOLPHIN QUAYS, THE QUAY / 04/02247/051/F / 36
7 / 6 APSLEY CRESENT / 04/06884/001/F / 40
9:30 onwards*
AG5 / TRINIDAD FIRST SCHOOLHERBERT AVENUE / 04/00346/009/F
AG6 / 3 WESTHEATH ROAD / 04/06847/005/F
*All times are approximate
Item No: 1
Case Officer: Miss C Standley
Site: Chubbs Nursery, 17-23 Churchill Road, Poole, Dorset, BH12 2LW
Application No: 04/09080/017/P
Date Received: 3rd March 2004
Agent: B L P Mansfield The Studio 6a High Park Road Broadstone Dorset BH18 9DE
Applicant: Chubbs Nursery
Development: Outline application to erect 30 2-bed flats with associated parking to be accessed from Churchill Road as amended by plans received 06.05.04.
Ward: J 100 Newtown
This application is brought to Planning Committee at the request of Councillor Wilson because of the loss of a valued Local amenity/employment land.
Site Description
The application site is currently occupied by Chubbs Nursery (garden centre) and is located on the west side of Churchill road, which lies approximately 117 metres to the North of Ashley Road local centre.
The site covers an area of 0.49 hectares and is surrounded by residential properties on Gladstone Road to the South, Peel Close to the rear, Buckland Terrace, which is also occupied by a garage, to the North and Churchill Road to the front of the site.
The local area is characterised predominantly with two story and some single storey properties in Peel Close, detached semi detached and terrace dwellings.
Relevant Planning History
The most recent application submitted was in 1980 for Outline permission to erect 15 dwellings and garages and construct a roadway (ref: 9080016). This was Approved dated 02/12/80, however reserved matters were never submitted.
5/91/07396/008/F – Erect 22 houses and associated parking, with access from Churchill Road – Granted 06/04/92. This site is now known as Churchill Gardens and lies to the North East of the application site with access from Churchill Road. This site was originally part of Chubbs Nursery also.
Current Proposal
The application is outline for the erection of 30 2xbed flats with access from Churchill Road and 43 parking spaces. The matters to be considered at this stage are:
· Access and parking
· Siting layout
· Number of units
· Number of storeys
All other matters are reserved
REPRESENTATIONS
Objections have been received from 7 residents in Churchill Road, Gladstone Road, Buckland Terrace and Peel Close.
Issues raised include:
· Extra traffic/parking creating noise, pollution, and traffic congestion and general hazards.
· Impact on character due to three-storey elements compared with predominant two-storey character in area.
· Boundary wall will cause shadows over properties in Peel Close
· Congestion problems on Gladstone Road.
· Difficultly getting out of Buckland Terrace due to increased traffic on Churchill Road.
· Two-storey element on Blocks C will cause loss of privacy and light to dwellings on Buckland terrace.
· Invasion of privacy of properties adjoining site (11 Churchill Road, 20 Gladstone Road, 4 Buckland Terrace, 20 Peel Close, 5 Buckland Terrace, 29 Churchill Road and 18 Peel Close).
· Impact of single storey attached to two-storey would be aesthetically unappealing.
The Head of Transportation Services – Amended Plans - no objections subject to conditions and highway contributions.
· Proposed junction is an improvement on existing access 5.5 metres wide.
· Parking is acceptable given government guidance and close proximity to Ashley Road with its good public transport services.
Housing and Community Services – 40% affordable housing contribution should be made on site.
Wessex Water – points of connection into systems should be agreed at detailed design stage. Detailed flow calculations/discharge rates will need to be supplied. Attenuation of surface water flows may be required subject to flow calculations.
Relevant Planning Policy
The following policies of the Poole Local Plan First Alteration (Adopted 2004) are relevant:
H11 - (Purpose Built Flats, Bedsits, Hostels, and Sheltered Housing)
BE1 - (Design Code)
H2a - (Affordable Housing)
H3 - (Affordable Housing Detail)
H7 - (High Density Housing)
T11b - (Car Parking Maxima)
T13a - (Traffic Generated by Development)
L21 - (Provision for Recreational Facilities)
Planning Considerations
The use of the site for residential properties is acceptable in policy terms and the location of the site is ideal given the predominance of residential properties and its close proximity to the Ashley Road Local Centre, which has good Transport links.
The loss of this nursery is not a community facility covered by Policy CF5a and its loss/closure is not a material planning consideration.
A density of 61.22 dwellings per hectare is proposed which is in line with Policy H7, which identifies that densities over 50 dwellings per hectare will be permitted, this also reflects the character of the area which is predominantly occupied by two storey properties within close proximity to one another.
The main issues to be considered here are, the impacts, which the proposal would have on the streetscene/character of the area, the privacy and amenities of the neighbouring properties, Transport, Affordable Housing and Recreational Contributions provision.
Streetscene/ Character of the Area
· The proposed dwellings would be set back from the main street frontage behind Nos. 15, 25, 27 and 29 Churchill Road.
· The proposed dwellings would be a mix of single, two and three storey properties. The area is predominantly characterised by two storey properties with single storey properties in Peel Close to the rear of the proposal site. The proposed three storey elements will have rooms in the roof and therefore be two and half storeys. The proposal would therefore not be out of character within the locality.
· Ground levels vary within the site, with the rear of the site being between 3-4 metres higher than the ground level at the entrance to the site. The existing ground level on the site has been built up with a concrete base to the existing garden centre. The sectional drawing through the site shown on the plans shows that the properties to the front of the site will be set lower than this existing ground level which again will mean that the three storey elements to the front of the site will be lower.
Neighbouring Privacy and Amenity
· To the front of the site the proposal shows three storey properties facing the rear of properties on Churchill Road, with the two-storey part of Block B facing Buckland Terrace. Given that the properties would be at a lower ground level to that existing (ground level of garden centre), the three storey elements would have the third floor within the roof and that the properties are at least 10.5 metres from the rear boundaries of properties on Churchill Road, there would be a limited impact to the privacy and amenities of these properties.
· The elements of the proposal, which would face Buckland Terrace, would be two storey and single storey. Block B would be adjacent the rear of properties on Buckland Road, and there would be a sufficient distance that there would be no harmful impact.
· Block C would face the front of properties on Buckland Terrace. The relationship between the dwellings would not be harmful or out of character with the area, given that there would be two storey and single storey properties facing two storey properties and there would be a distance of approximately 16 metres at the closest point.
· To the rear of the site there would be 2x single storey elements facing 29 and 31 Peel Close, which are also single storey. Due to the variation in ground levels 31 and 29 Peel Close would be at a higher ground level to the proposal and boundary screening would sufficiently preserve the privacy of these properties.
· Block D would face 33 Peel Close; there would be sufficient distance between the properties that there would be no harmful impact on the privacy of these neighbouring properties.
· The proposed properties to the South West of the site would have sufficient distance between them and the neighbouring dwellings on Gladstone Road that there would be no harmful overlooking. 10a Gladstone Road, which borders the site, has no windows facing the site.
· With regard to noise there was some concern regarding parking. The proposed parking to the rear of 15 Churchill Road is located where the existing parking for the garden centre is and would therefore, cause no greater harm than that which already exists. To the rear of the site in the South West corner the boundary screening and landscaping will be conditioned and it can be ensured that a sufficient buffer is created to minimise any impact of noise from cars.
Affordable Housing
The applicant has agreed to a contribution of 40% toward affordable housing in accordance with Supplementary Planning Guidance on Affordable Housing. This would equate to the provision of 12 units on site being affordable.
Highways/Parking
· There were no objections from Highways to the amended plans. The parking provision (43 spaces), access and road layout are therefore acceptable.
· The applicant has been agreed to contribute £25,000 toward modes of transport other than the car.
Recreational Contributions
The applicant has agreed to enter into a Section 106 Agreement to contribute £43,680 (plus administration fee) towards recreational facilities.
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.
GRANT – subject to a Section 106 Legal Agreement for:
1. A financial contribution of £43,680 (plus administration fee) towards the provision of recreational facilities in accordance with Policy L21 of the Poole Local Plan First Alteration (Adopted 2004).
2. A financial contribution of £25,000 towards the provision of modes of transport other than the car in accordance with Policy T13a of the Poole Local Plan First Alteration (Adopted 2004).
3. 40% on site provision of affordable housing in accordance with Policy H2a and H3 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 buildings, levels of the site 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 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 - OL030 (Finished Floor Levels - Submission of Details Required)
No development shall take place until plans and particulars showing the finished floor levels, related to ordnance datum or a fixed point within or adjacent to the site, of the ground floor of the proposed buildings (and as appropriate, the closest adjacent building beyond the site) have been submitted to, and approved in writing by, the Local Planning Authority and the development shall be carried out in accordance with the approved details.