Borough of Poole

Planning Committee

List of Planning Applications

THURSDAY 20 MAY 2004

BOROUGH OF POOLE

Planning Committee

DATE: 20 May 2004 at 10.15 a.m

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

20 May 2004 at 10.15 a.m

Page

10.15-11.30 am*

1 / HAMWORTHY PARK, BRANKSEA AVENUE FLOOD DEFENCES / 04/06151/011/F / 4
2 / UNITS L, M, N, O, P & R THE FULCRUM
VANTAGE WAY / 03/37538/000/F / 12
3 / GEORGE HARTWELL LTD, MANNINGS HEATH ROAD / 03/37545/000/F / 23

11.45-13.00 pm*

4 / LAND REAR OF 46 CROMER ROAD / 03/07568/004/F / 33
5 / 3 WESTHEATH ROAD / 04/06847/005/F / 42
6 / 64 MANOR AVENUE / 04/00509/005/F / 47
7 / PICKERING CLOSE AND LAND REAR OF NORTHBROOK ROAD/MISSION ROAD / 04/37498/001/F / 53
AG
12 / 31 WESTERN AVENUE / 04/21529/009/F / -

14.00-15.00 pm*

8 / 68 BROWNSEA VIEW AVENUE / 04/13792/008/F / 61
9 / REAR OF 9-13 ELIZABETH ROAD / 04/28267/002/F / 67
AG5 / THE SEA WITCH HOTEL,
47 HAVEN ROAD / 04/04546/033/P / -
AG6 / 9 MARKET STREET / TPO 4/2004 / -
AG7 / 17 LINKS ROAD / TPO 1/2004 / -

*All times are approximate

Item No:1

Case Officer:Mr J Gilfillan

Site:Hamworthy, Poole, Dorset

Application No:04/06151/011/F

Date Received:16th March 2004

Agent:Peter Brett Associates 7 The Crescent Tauton Somerset TA 4EA

Applicant:Environment Agency

Development:Construction of flood defences.

Ward:B 020 Hamworthy East

This application is brought before the Committee because of the nature and significance of the proposals.

Site Description

The proposed works would take place in Hamworthy Park and in the rear gardens of a number of properties in Branksea Avenue This area forms the southern shore of the spur of land creating Hamworthy at the northern end of Poole Harbour. The site faces out over Poole Harbour and the Purbeck Hills beyond.

Hamworthy Park was formed by the reclamation of former low lying salt-marsh land in the mid C20th and is bounded by Poole Yacht club to the east, the harbour railway and Lulworth Avenue to the North and Branksea Avenue to the west. To the south is the Harbour and the internationally recognised Site of Special Scientific Interest, the Special Protection Area, the Ramsar site and Area Of Outstanding Natural Beauty. None of these extend above the Mean High Water Mark.

The designated Public Open Space of Hamworthy Park is predominately open grass it does however include a number of public facilities, a children’s play area and paddling pool towards the centre, with an adjacent pavilion incorporating café and toilets. Along the waterside there are a number of beach huts, and towards the east side of the park is a boat pound and associated slipway.

The proposed scheme will incorporate flood defence structures in the rear gardens of No’s 32-48 Branksea Avenue. These properties back onto the harbour and already have some sea defences along their rear boundaries. Several have private landing stages and some have slipways.

Additional defences will be required is at the southern end Lake Road where a restricted access point to the foreshore exists. The design of these works have not yet been finalised and they have been withdrawn from this application to exclude consideration of the majority of the proposed works to proceed. These additional works will require the submission of a further application for planning permission.

Relevant Planning History

Planning applications have previously been made in respect of the erection of various beach huts and alterations to the existing park facilities and the boat compound.

Current Proposal

  • The current proposal is for a new sea defence scheme throughout the park and around properties in Branksea Avenue and Lake Drive. The scheme is designed to protect residential properties from a 1 in 300 year flood event.
  • The works consist of the erection of a low wall and earth bund around the edge of Hamworthy Park, pedestrian and vehicular ramps at the entrances to the park, from Lulworth and Branksea Avenue’s. In addition there are the walls in the rear gardens of properties 32-48 Branksea Avenue and the erection of a ramp at the end of Lake Road.
  • The works in Hamworthy Park will extend from adjacent to the wave break and slipway at Poole Yacht Club through to the foreshore running along the side boundary to the end of No.48 Branksea Avenue, from there on the defence will be formed as a series of walls and rampways along the rear gardens.
  • From the Slipway at the Yacht club a 1.2m high concrete wall would run parallel to the railway line. Where the beach narrows to the east of the site an armour of Purbeck Stone would site in-front of the wall to diffuse the wave action. From the rear of the boat compound the wall is replaced by an earth mound/bund, which would run to the large vehicle entrance at the corner of Lulworth Avenue. The Bund would be 0.75m high
  • At the entrance to the park a raised platform accessed on both sides by disabled friendly ramps would continue the defence. Ramps would return to the park.
  • A wall is used to form part of the side of the ramp and extends alongside the Lulworth Avenue roadside towards the vehicle entrance into the park. From the pavement the wall would be 0.6m high. This wall would be clad in Purbeck stone and topped with Cock and Hen capping to make it an attractive feature. There would be two ramps, at the vehicular entrance to the park, a separate one for vehicles and pedestrians, separated by a safety handrail. The pedestrian slope would be a shallower grade to allow ease of access for disabled visitors to the park.
  • The wall would continue from the west side of the ramp, adjacent to No.90 Lulworth Avenue, along the rear of the carpark before merging into another bund at the north west corner of the car park. This bund would run parallel to the rear boundary of the properties along Lulworth Avenue before swinging around to meet the pedestrian entrance at the end of Branksea Avenue.
  • The ramp entrance at the end of Branksea Avenue would be similar to that at Lulworth Avenue. Tarmac slopes up from the pavement would plateau at the height of the bund with separate ramps and steps ramps down onto the footpath running down to the beachfront. The defence would be built into the boundary wall of No.48 Branksea Avenue, re-enforcing to 1.1m high.
  • At the rear of No.48 the wall would return and cross the rear gardens of No’s 48 –32 Branksea Avenue. Due to the differing circumstances, layouts of each garden and the desires of each resident, the sea defence in each garden is being individually designed to the requirements of the resident. This wall would be to a height of
  • The whole scheme would be supplemented by the siting of low level wave break stones along the back of the beach front promenade, where openings exist between the Beach Huts. This would not be a continuous row of stones but regularly spaced 0.9m wide, rough cut Purbeck stone blocks.

REPRESENTATIONS

Representations have been received from:

The Head of Transportation Services. No objection (further comments to follow).

The Head of Leisure Services. Accept that the proposed scheme offers an acceptable solution, which preserves the quality and the unique setting of the park. They will continue to manage the park and have no objection to the work proposed.

The Head of Consumer Protection. No objection.

The Head of Community and Cultural Services. Possibility that some archaeological remains may be found. Suggests an archaeological program is agreed, including a watching brief.

Department for Environment, Food and Rural Affairs. As the proposals do not break the Mean High Water mark no consent will be required.

Environment Agency. No objection.

Wessex Water. No objection.

Poole Harbour Commissioners. No objection.

English Nature. No objection.

Dorset Police. Potential issues of skateboarding and sitting on the defence wall appear to have been designed out. It is unlikely that the defences in the rear gardens will increase the risk of crime.

Department for Transport. No comments. Draw applicant’s attention to Sec.34 of Coast Protection Act 1949.

South West Regional Development Agency. No comment.

Councillors R.A. Gregory & M White. Raise concerns over felling trees, problems with park maintenance, problems with entering the park through the vehicle entrance, provision for skateboarders. Proposed scheme does not offer protection to the leisure facilities. Lack of information about the construction details. Problems with natural drainage from properties in Lulworth Avenue.

Lake Residents Association. Object due to the loss of usable park space, problems with maintenance. Loss of 28 mature trees. Ramps and banks will attract skateboarders. Highway safety at vehicle entrances to park. Road safety on Lulworth Avenue. No protection to the leisure facilities. Loss of privacy to properties on Lulworth Avenue.

Friends of Hamworthy Park Residents Association. Object due to lack of details on plans. Impact on the appearance of the park of the earth mound. Loss of usable park space and creation of no-mans land behind. Loss of mature trees. Noise created by people playing in the park at Branksea Avenue. Possible conflicts between vehicles and pedestrians at car park entrance. Access for emergency vehicles. Danger at bend on Lulworth Avenue. The future of the facilities in the park if not protected. Impact on residential properties along Lulworth Avenue.

Representations have been received from 19 local residents. Comments are directed around the impact of having new walls in the rear gardens and the conflict with boat access from residents in Branksea Ave. The highway safety of the entrances to the park and potential for the pedestrian ramps to become skate parks. Lack of protection of park facilities

Relevant Planning Policy

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

  • BE1 “Design Code”.
  • BE2 “Landscaping”.
  • NE14 “Sites of International Importance”.
  • NE15 “Sites of Special Scientific Interest”.
  • L1 “Public Open Space”.
  • NE26 “Individual or Grouped Trees”.

Planning Considerations

The scheme proposed by the Environment Agency has been the subject of extensive public consultation with residents of the Hamworthy area prior to the submission of the planning application. Several alternative schemes were considered each with a variety of benefits and constraints. The scheme now the subject of this application was selected, because from an engineering, environmental and economic perspective it is the preferred scheme. It would have the least environmental impact of the three schemes.

During the consultation process the Environment Agency were asked by the Environment Overview Group (EOG) to consider an alternative scheme for which they indicated their support at their meeting of 17th December 2003. This scheme follows similar principles to the proposed scheme but moves the proposed works closer to the waters edge, running along the rear of the beach huts and between the play area and the paddling pool. In its assessment of this scheme the EA identified that this scheme whilst offering protection to the park itself it would have an adverse effect on the protected species, flora and fauna. In the views of both BoP Leisure Officers and BoP Urban Design and Conservation Officers, this scheme would be larger, using more park land, thus visually intrusive and harmful to the appearance of the park and would interfere with the way people can use and enjoy it. It would conflict with policy L1 of the Poole Local Plan. This alternative option would not offer an appropriate solution.

The EA, through their consultation and assessment of the two schemes have concluded that the proposed scheme would be more appropriate by virtue that it would be less intrusive to the users of the park and the appearance of the park. The scheme would be less harmful to the protected species and internationally designated land in the areas around the park. It would be cheaper and achieve the aim of the scheme to protect the 72 properties in the locality at risk of flooding.

The principle issue for consideration is the visual impact that the proposed works would have on Hamworthy Park. The works consist of the erection of a low wall and earth bund around the edge of Hamworthy Park, pedestrian and vehicular ramps at the entrances to the park, from Lulworth and Branksea Avenue’s. In addition there are the walls in the rear gardens of properties 32-48 Branksea Avenue.

By being positioned at the rear of the park the bund and wall would not affect the view across the park out towards the sea and harbour, from the adjacent properties or to visitors to the park. When viewed from the water the bunds would not be visible, laid to grass they would lose in the surrounding environment. The walls along the railway and Lulworth Avenue would be visible, though not harmful with the interesting design.

The pedestrian ramps at Branksea Avenue and the corner of Lulworth Avenue would be surrounded by grass, minimising the effect of the tarmac slopes and steps.

The wall alongside No.48 Branksea Avenue would not conflict with the appearance of the park as the existing garden wall, which it would re-enforce, is already 2.3m high.

The walls in the rear gardens of the properties on Branksea Avenue would be designed so not to unduly dominate the garden areas, and allow the residents full use of their gardens. They would not be apparent from the water due to the presence of existing sea defences along the rear boundaries.

The scheme would be supplemented by the siting of low level wave break stones along the back of the beach front promenade, these would have no impact on the appearance of the park, Purbeck stone would be used in order to match other features in the park.

The issue of activity on the disabled ramps into and out of the park is negligible. The change in levels and the ramps produced are so minor that the attraction of them for skateboarders would not be great.

Policy L1 of the Poole Local Plan First Alteration (Adopted 2004) relates to Public Open Space. This precludes development, which results in the loss of significant areas of Public Open Space except in exceptional circumstances where development is essential for community purposes and is an overriding requirement. The proposal would not result in the loss of significant amounts of useable park space and the proposal is of significant community benefit.

There are issues regarding the residential amenities of the properties on Lulworth Avenue, however the distance between the boundary and the adjacent bund precludes this from being a problem. The height of the rear boundary treatments would similar or higher than the bund running alongside it. The positioning of the bund would encourage activity further from the rear boundaries of the Lulworth Avenue properties.

The scheme proposes to remove 28 trees from the park in order to accommodate the works. The majority of which are along the boundary with No.48 Branksea Avenue, this would not result in any loss of privacy due to the existence of the high garden wall. Being within the ownership of the Borough of Poole the trees are not protected by a Tree Preservation Order. However their loss is accepted by both BoP Leisure Officers and Planning Department Tree Officers and would be accompanied by a suitable tree replacement condition, providing at least 2 for 1 replacement.

A screening opinion was carried out to identify whether an Environmental Statement was required. This concluded that one was not required for the proposed scheme.

The proposed scheme would have implications for wildlife in the area. Large numbers of over winter birds are attracted to the area, the EA have agreed with English Nature that the timing of the disruptive construction works are completed prior to the critical January/February time period. The park also contains protected Slow Worms and the scarce Toothed Medick. Translocation exercises would be carried out to ensure both species are not unduly harmed during construction and they can be returned after the completion of works.