Borough of Poole

Planning Committee

List of Planning Applications

THURSDAY 18th NOVEMBER 2004

BOROUGH OF POOLE

Planning Committee

DATE: 18 November 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

18 November 2004 at 6:00 pm

Page

NOT BEFORE 7:15 PM*

1 / LAND ADJACENT BOURNE VALLEY ROAD / YARMOUTH ROAD / 04/34858/002/P / 4
2 / LAND ADJACENT BOURNE VALLEY ROAD / YARMOUTH ROAD / 04/34858/003/P / 16
3 / LAND OFF 111 WOODLANDS AVENUE / 04/29819/001/P / 18
4 / 2 DE MAULEY ROAD / 04/02382/017/F / 28
5 / HIGHWAY VERGE OUTSIDE POOLE GRAMMAR SCHOOL
GRAVEL HILL / 04/33547/104/F / 37

NOT BEFORE 8:15 PM*

6 / LAND REAR OF
56-64 LOWER BLANDFORD ROAD / 04/32834/003/F / 40
7 / 4–6A ALTON ROAD / 04/16429/007/F / 49
8 / 175 ALDER ROAD / 04/26294/001/C / 58
9 / 29 BRUDENELL AVENUE / 04/06552/007/F / 60
10 / 43-45 CLIFF DRIVE / 04/02859/015/P / 67

*All times are approximate

Item No:1

Case Officer:Mr RT Genge

Site:Land adjacent Bourne Valley Road/ Yarmouth Road, Poole, Dorset

Application No:04/34858/002/P

Date Received:11th August 2004

Agent:Hunter Page Planning Ltd Thornbury House 18 High Street Cheltenham GL50 1DZ

Applicant:Secondsite Property Holdings Ltd

Development:Outline Application for residential development with access from Bourne Valley Road as amended by letter received 03.11.04.

Ward:H 080 Branksome East

This application is brought to the Planning Committee due to the significance of the proposals, the planning issues raised and the history of the site.

This application should be read in conjunction with application reference 04/34858/003/P, which is identical in every respect to the current proposal.

Site Description

This is a site of 1.6 hectares, at the corner of Yarmouth Road and Bourne Valley Road. It forms part of the extensive British Gas depot and power station. There are still gasholders on part of the complex, and modern industrial buildings off Yarmouth Road, but this part of the site has been cleared of any buildings.

A high wall surrounds the site with existing accesses off Yarmouth Road and Bourne Valley Road.

To the east in Bourne Valley Road is an electricity depot, with offices on the other side of the road. Yarmouth Road to the northwest of the site is residential on both sides.

Relevant Planning History

On 10 August 1999 an Outline application for residential development with associated access, car parking and landscaping was submitted. This application was subsequently refused for the following reasons

  1. The proposal would result in the loss of employment land and the fragmentation of a large area of employment land which would be contrary to Policy E2 of the Poole Local Plan 1998.
  2. The proposal would be contrary to Policy L21 of the Poole Local Plan 1998 in that no provision has been made for a contribution towards off-site recreational facilities.
  3. The proposal fails to demonstrate adequate remedial work to deal with contaminated land to the standard required for residential purposes, in the absence of which there would be likely to be hazards to the occupiers of the properties.
  4. The proposal would be likely to place dwellings in close proximity to potentially polluting employment uses which could have an adverse effect on their amenities, and would therefore be contrary to Policy E17 of the Poole Local Plan 1998.
  5. Notwithstanding the cycle route shown in the illustrative layout, the proposal fails to contribute adequately to the provision of cycleways and links with the cycleway network and would be contrary to Policy T23 of the Poole Local Plan 1998.

Subsequently, following a Public Inquiry held in 2000 an appeal was dismissed. The main issues in that appeal are relevant to the current application. In that instance the inspector concluded that there was no compelling or urgent shortage of housing land to justify a departure from the Local Plan and Structure Plan policy which allocated the land for employment purposes. The inspector noted that the land could therefore remain vacant although this is only one aspect of planning policy and would not outweigh the benefits in allocating the site for employment purposes.

In respect of other issues the Inspector did not accept that sufficient harm would occur to the new dwellings from the adjoining employment uses, subject to detailed layout assessment, and that notwithstanding the first issue the site would not be unsuitable for housing.

In 2002 an Outline application to use the land for B1/B2 Office & Employment purposes to include a custody suite was submitted. That application was later Withdrawn.

Current Proposal

The application is in outline only with means of access submitted for approval at this stage. The access would be off Bourne Valley Road. An illustrative layout has been submitted showing 80 flats with shared surface road and private drives. The existing access off Yarmouth Road is not indicated to provide access to any of the housing.

Submitted with the application are the following Documents which are material to the consideration of this proposal:

  • Planning Statement
  • Transportation Statement
  • Tree Condition Survey
  • Flood Risk Assessment
  • Review of Housing Land Allocations
  • Review of Employment Land Availability
  • Risk assessment for contamination
  • Draft Heads of agreement that deals with the issues of Affordable Housing, Per Cent For Art, Highway Contributions and Open Space Contributions. That agreement is in draft form and not signed.

REPRESENTATIONS

Head of Consumer Protection and Environmental Services - on previous applications confirms that as the original plan was for industrial use, the site clean-up was carried out to that standard. If the site is to be used for housing it will have to be demonstrated that the decontamination was undertaken to the standards required for housing. Areas of high contamination should be removed. If it includes gardens or landscaped areas, a capping layer including topsoil should be provided, and advice given to prospective householders.

Head of Housing and Community Services - would expect a provision of 40% affordable housing to be provided.

The Head of Transportation Services - no objection in principle but considers that the proposal should deliver schemes to promote other modes of transport other than the car in accordance with Policy T13. An £80,000 contribution is considered appropriate to identify schemes such as;

1. 2 x Bus shelters to a standard agreed with the LHA with real time information + raised kerbs.

2. "Puffin" crossing over Yarmouth Road close to the roundabout

3. Cycleway Link to Winston Avenue via Dalling Road

4. Cycleway improvements Coy Pond Road to Borough boundary and in this case I suggest limit of £10,000 mainly for improvements to the riding surface.

In addition concerns are expressed regarding the comprehensive re-development of this site and the need to ensure that any access serves the commercial development adjacent in order to improve highway safety.

Head of Strategic Planning Services – the proposed development is a departure from the policies of the adopted Development Plan, by virtue of the fact that the proposed C3 residential use would result in a loss of opportunity for new employment development and loss of established B1-B8 employment use contrary to policies E1 and E2 of the Poole Local Plan First Alteration (Adopted 2004). Hence the proposal is also considered to prejudice the intent of Economy Policy A of the Bournemouth Dorset and Poole Structure Plan.

The material considerations highlighted by the applicant are considered relevant to the determination of this application, namely that the applicants consider that there is no need for the employment designation and that there is a shortfall of housing supply. However, the applicants’ assertion that there is an over-riding need for housing development is not accepted.

The Borough of Poole has seen high take up rates of employment land and a sustained level of planning activity. It is therefore realistic to expect that allocated sites will be developed over the plan period and that the application site makes an important stock of employment land available in both the short term and in the eastern part of the Borough. In this context, the availability of remaining employment land allocations is not considered to be excessive, but serves to provide a genuine choice and range of sites to meet the needs of local firms and inward investment. Contrary to the applicants’ assertions, the Borough is not considered to be an urban area with large amounts of vacant and underutilised land.

Branksome Residents Association - is concerned about the traffic impact, consider that 3 and 4 storey flats are out of character, health risks from the National Grid site, loss of employment land, pressure upon local schools and also about the pressure on open space facilities.

Environment Agency - objects to the proposal on the grounds that significant run off could occur and no Flood Risk Assessment has been produced. (Note – this has now been submitted and the EA now confirm that the details are acceptable subject to conditions). Considers that if planning permission is a granted further investigation is carried out to investigate the extent and nature of contamination.

Wessex Water - notes that there is a culverted watercourse across the site to which it is likely that connection would be made, subject to views of the Environment Agency.

Network Rail - no interest recorded.

Regional Development Agency – no comments.

Relevant Planning Policy

Section 38(6) of the Town and Country Planning and Compulsory purchase Act 2004, places a statutory duty upon Local Planning Authorities to determine planning applications in accordance with the adopted Development Plan, unless there are material considerations, which indicate otherwise. In this instance the Development Plan comprises:

Regional Planning Guidance for the South West (RPG 10), published September 2001.

Bournemouth, Dorset and Poole Structure Plan, adopted July 2000

Poole Local Plan First Alteration, Adopted March 2004.

Bournemouth Dorset and Poole Waste Deposit Local Plan, adopted 1999.

The applicant under Section 287 of the Town and Country Planning Act formally lodged a High Court Challenge to the adoption of the Poole Local Plan First Alteration. This sought to quash both the Housing and Employment Chapters of the Plan. The applicant’s supporting statement assert that the validity of these elements of the Local Plan was in question and therefore compromised.The challenge has now been considered and the application by Second Site Holdings was dismissed. The Local Plan remains adopted, and in accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004, should continue to form the starting point for making any planning decision.

In this instance there are two site-specific policies pertaining to the application site, namely Policies E1 and E2 of the adopted Poole Local Plan First Alteration. The site is allocated as Employment Land under Policy E1, which states:

‘Employment Land, identified on the proposals map, will be reserved for use classes B1 and B2 activities, and B8 activities that do not involve open storage unless for ancillary purposes or a temporary period. Planning permission will be granted on such land for hotels (subject to site specific employment policies in this plan), provided that,

The operations of any adjacent B1-B8 uses are not prejudiced; and

The immediate availability of a diverse range of employment land would not be threatened as a result of the scale, location or cumulative impact of such development’.

This serves to further Policies SS13 and EC3 of RPG10, as well as Economy Policy A of the Bournemouth Dorset and Poole Structure Plan. The Structure Plan prescribes a target of about 29ha of employment land to be developed over the period 1994-2011 and states that ‘Local Plans should ensure that an adequate choice of sites is maintained in each district in order to provide for the needs of local firms and inward investment, Having regard to the need to maintain an adequate stock of land for both immediate and long-term needs.’

Economy Policy B of the Bournemouth Dorset and Poole Structure Plan lends further support, directing new employment growth towards sustainable locations (in this context well related to residential and associated facilities, accessible by public transport with good road and, where possible, rail access and using derelict or under-used urban land where possible).

The site also lies within the defined Bourne Valley Existing Employment Area, subject to Policy E2 of the Poole Local Plan First Alteration. This states:

‘Within Existing Employment Areas identified on the proposals map, development proposals for uses other than those falling within use classes B1, B2, or B8 will not be permitted unless they:

Are for a temporary USE, WHICH complies with Policy E5;

Concern sites or premises with specific policies for alternative uses within the plan; or

Concern sites or premises whose current / previous use does not fall within use classes B1, B2 or B8. In such circumstances proposals will only be allowed if they are compatible with neighbouring uses and would not prejudice the employment related character of the existing employment area’.

Yarmouth Road is identified as a key public transport route, subject to Policy T4, and a district distributor road (see Policy T14 on access to the Highway Network).

Notwithstanding the policies pertaining to the employment status of the site, policies on residential development will also be relevant, including Policies H4, H5 and H13, should the presumption in favour of employment use be outweighed.

Development Plan Review

The Bournemouth Dorset and Poole Structure Plan is under review with a First Deposit Plan published for formal public consultation on July 8th 2004.[1] Draft Economy Policy A states:

‘Provision will be made to ensure that 222ha of land are developed for employment uses (B1 to B8) between 2001 and 2016. The distribution between districts will be:

…

Poole about 34ha

…

Local Plans / LDF’s should ensure that an adequate choice of sites is maintained in each district in order to provide for the needs of local firms and inward investment, having regard to the need to maintain an adequate stock of land for both immediate and long term needs. When considering the allocation of land for employment purposes, local planning authorities should additionally allow for the accommodation of waste management/treatment facilities where there is an established need for such facilities. Local Authorities will work with the South West Regional Development Agency to secure commitment and investment to relieve obstacles to the development of existing employment land commitments that accord with Economy Policy B.’

Draft Economy Policy B refines the criteria for identifying sustainable locations for employment land, but retains the same intent;

‘New employment development should be directed to locations:

providing the opportunity to reduce commuting by car;

well related to residential and associated facilities;

accessible by public car transport, with good road and, where possible, rail access;

using derelict, under used or previously developed land where possible.

Sites with an established employment use which meet these locational criteria and are, or could be, significant in accommodating employment for the local area should be protected from other uses, other than to accommodate management/treatment facilities where there is an established need for such facilities’.

With the introduction of a new planning system under the Planning and Compulsory Purchase Act 2004, it is intended that the review be abandoned. At the time of writing the Deposit Plan does, however, remain a valid material consideration. Albeit owing to its relatively early stage on the path towards adoption, the Deposit Plan cannot be attributed significant weight as a material consideration (in accordance with the guidance contained in PPG1 and PPG12).

The Borough of Poole will shortly be embarking on a Local Development Framework in accordance with the Planning and Compulsory Purchase Act (this is at an embryonic stage and cannot be afforded weight at this stage). In a similar manner the Regional Planning Body are preparing a Regional Spatial Strategy to replace RPG10. Once again, this is at an embryonic stage and cannot be afforded weight at this stage.

In addition the following policies of the Adopted Poole Local Plan (Adopted 2004) are relevant:

L17 - (Recreation Facilities)

BE1 - (Design Code)

NE27 and NE28 - (Trees)

T13 - (Traffic generated from Development)

T20 and T21 - (Highway Improvements)

BE9 - (Public Art)

E19 - (Contaminated Sites)

H5 and H 6 - (Affordable Housing)

Planning Considerations

Principle of Housing
  • In this instance the site is allocated for employment purposes. As indicated above, the starting point is to assess the proposal in accordance with the adopted Development Plan (in this instance the new Local Plan), unless there are material considerations, which indicate otherwise. The applicants consider that the site should not be allocated for employment purposes, there is sufficient land available for employment to achieve the strategic objectives, and the site is not well located for employment purposes. They also consider that there is a shortage of housing and the land should be permitted for housing and that this accords with the Local Plan Inspectors recommendations.

  • In relation to the allocation of land for employment purposes Policy E2 is a continuing policy which indicated this site as Existing Employment both within the Poole Local Plan 1998 and the recently adopted Poole Local Plan First Alteration (Adopted March 2004). Whilst following the Local Plan Inquiry the inspector recommended that the Bourne Valley site be allocated for Housing, not employment, this authority considered that the minimal benefit to housing provision did not outweigh the need to retain employment land. In this respect the view was taken that the Council should retain the site allocation in order to supported the need to retain a good supply of employment land in both quantity and quality. This is regarded as consistent with the Structure Plan to provide in excess of the requirement to offer the necessary choice and range of sites.
  • Whilst the applicants have produced a review of employment land which seeks to demonstrate that there is a sufficient quantity of employment sites available of differing types and sizes in a variety of locations throughout the Borough, and that the site at Bourne Valley is both less well served and not required to meet the Strategic needs, this view is not accepted for the reasons as stated above by Strategic Planning.
  • In order to demonstrate an exception to the adopted policy the applicants have produced a review of housing allocations. This review seeks to demonstrate that the grant of planning permission at Bourne Valley is required to allow a degree of flexibility in meeting the strategic housing requirements. The review also seeks to demonstrate that other allocated housing sites are constrained and therefore not likely to be delivered within the plan period.
  • This assertion was discussed at the Local Plan Inquiry and more recently at the High Court. It remains the view of this authority that there is not an overriding need for additional housing sites. The overall picture is one in which the anticipated planning applications are being received and that windfall sites remain at a healthy level. Whilst the applicants refer to specific sites and seek to analyse their deliverability, it is the view of this authority that these sites are deliverable, in fact should be aware that in many instances the level of housing provision is often in excess of the minimum number of dwellings anticipated in the Local Plan, for instance Pitwines development.
  • It is therefore concluded that there remains a need to retain this site allocation for employment purposes and that the housing justification provided cannot be sustained.
Streetscene and Design

These would be dealt with at the reserved matters stage.