Final Plans List - 25 September 2003

Borough of Poole

Planning Committee

List of Planning Applications

THURSDAY 25 SEPTEMBER 2003

BOROUGH OF POOLE

Planning Committee

DATE: 25 September 2003 at 10.30am

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).

TABLE OF CONTENTS

Planning Committee

25 September 2003 at 10.30am

Page

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Item No:E1

Case Officer:Mr D Jobbins

Site:68 Twemlow Avenue, Poole, Dorset, BH14 8AN

Application No:03/11908/013/F

Date Received:11th July 2003

Applicant:Primetower Properties Ltd

Development:Demolish existing dwelling and erect a three storey block of 5 x 2-bed flats together with associated parking (revised scheme) as amended by plans received 15.08.03.

Ward:D 040 Parkstone

This application is brought to committee at the request of Councillors Woodcock and Mrs Stribley due to local concerns and due to the history of the site

Site Description

The site is located at the junction of Twemlow Avenue and Whitecliff Road opposite the Poole Park Model Yacht Enclosure and lies adjacent to the southerly entrance to Poole Park. The site is currently occupied by a two storey detached dwelling with integral double garage constructed in the 1960's with access from Twemlow Avenue. There are two mature oak trees on/adjoining the site which are protected by Tree Preservation Order and the site lies within the Poole Park Conservation Area.

Relevant Planning History

Planning permission was refused in October 2002 for the same proposal as the current application. However, whilst the subsequent appeal was dismissed on a minor point, the Inspector concluded that;

"The proposed flats would have painted rendered walls above a brickwork plinth with hipped slate covered roofs. As such, they would harmonise with the established properties in the area. In view of the scale and proportions of the proposed building as shown on the submitted elevations, its character would be that of a substantial detached villa in keeping with the character and appearance of some of the period properties within the Conservation Area on the edge of Poole Park." She continues, " Taking account of all of the foregoing factors, the design and layout of the proposed flats has been informed by the townscape and landscape of the wider context of the Poole Park Conservation Area and the wider locality as well as the neighbouring buildings. And, it would not be inconsistent with the pattern of residential development in the locality, albeit it would be of a higher density. As such the proposal would result in an attractive development with its own distinctive identity but one which respects and enhances local character."

With regard to highway and parking considerations she commented "Paragraph 60 of PPG3 says that developers should not be required to provide more car parking than they or potential occupiers might want, nor to provide off-street parking when there is no need, particularly in urban areas where public transport is available or where there is a demand for car free housing. In this case the appeal site lies in a sustainable location 1/2 mile from Poole Town Centre with its full range of shopping leisure and community facilities, bus and mainline railway station. It is also within 100 metres of the main cycleway network linking Poole to Westbourne. I am therefore satisfied that the proposals would make optimum and effective use of this site within the urban area close to Poole Town Centre, thus satisfying both national and local policies for sustainability. Furthermore, there was no objection from the Highway Authority in terms of highway safety and no hard evidence to suggest that the proposal would cause detriment to highway safety." The appeal was dismissed but only because of the absence of an arboricultural impact statement and clarification was required over a staircase detail and foundation detail of the proposed boundary wall to the site.

Current Proposal

To demolish the existing dwelling and to erect a two storey building to accommodate 4 flats with a penthouse flat in the roofspace and ancillary car parking. This scheme is identical to the appeal proposals but the information required by the Inspector has now been included with the application which includes an arboricultural method statement confirming that all trees subject to Preservation Orders will be unaffected by the development. Clarification abut the previous staircase detail has also been provided.

REPRESENTATIONS

The Head of Transportation Services - no objection.

The Head of Consumer Protection Services - no objection subject to a condition requiring a report concerning possible contamination of the site and any necessary remedial measures.

Urban Design & Conservation - no objections to the proposals which respect the character of the area and preserve the character and appearance of the Conservation Area. The building will appear as a two storey property which is superior to the existing dwelling from the 1960's which fails to contribute successfully to the area.

The Head of Leisure Services (Landscape Architect) - having regard to the appeal decision no longer objects to the application subject to use of natural materials and detailing of the boundary walls and railings.

Environment Agency - no objections to the development.

In addition, 98 letters of objection have been received from local residents, and letters from Friends of Poole Park and the Orchard Area Residents Association on the grounds of over-development of the site, flats are out of character with the Conservation Area and are more akin to social/affordable housing, inadequate services to serve the development, no three storey flats have been built within the Avenue, impact on trees, inadequate parking, highway safety, increase in traffic, loss of views and light, noise and disturbance, precedent for flats and loss of property values.

Planning Policy

The following policies of the adopted Poole Local Plan (1998) and First Alteration Revised Deposit Plan (November 2001) are relevant:

H11 - (Purpose Built Flats)

H1 - (Housing)

BE1 - (Design)

BE15 - (Conservation Areas)

NE21 - (Coastal Zone & Shoreline)

NE25 - (Flood Protection Area)

L21 - (Recreational Facilities)

T17 - (Parking)

Planning Considerations

The principal considerations in determining the application relate to the impact on the character and appearance of the area and Conservation Area, impact on residential amenity, highway/parking issues, tree preservation and possible precedent having regard to latest Government advice in PPG 3 relating to the efficient use of such sites. The previous appeal decision is also a significant material consideration in determining this application.

Impact on Character and Appearance

of the area/Conservation Area

• The existing dwelling is of no architectural merit and fails to contribute successfully to the established character of the Conservation Area. As such the demolition of this building is considered acceptable provided a replacement building is proposed which preserves or enhances the Conservation Area. The character of the area is generally defined by relatively large houses from the 1930's with hipped roofs with simple detailing. Plot sizes vary depending upon their relationship with Poole Park although those properties in Orchard Avenue have large rear gardens which owing to the elevated nature of the gardens and enclosure by fencing are not readily appreciated from Whitecliff Road.
  
• The proposed building respects the prevailing character of other properties in Twemlow Avenue by restricting the form of the building to two storeys with accommodation within the roof space. The Poole Park Conservation SPG recognises the variety of house types and styles within the area but states "Houses in the Conservation Area are generally two storey in height, with sometimes a third storey accommodated in the roof in a reduced form. These buildings have steeply pitched roofs with deep eaves and present strong gables or bays to the road." The proposals reflect this identified character and preserve the character and appearance of the Conservation Area whilst making a more efficient use of the site in accordance with guidance contained in PPG 3.
• Consequently, the development is therefore in accordance with Policies BE1, H11 and BE15 of the Local Plan and adopts the design guidance set down in the SPG - A Design Code. Furthermore, the appeal inspector has made it quite clear that the proposals are acceptable in all respects and therefore there are no substantive grounds on which to refuse planning permission.

Impact on Residential Amenity

The proposed building repeats the existing relationship with 66 Twemlow Avenue (a building converted to two flats) although the proposals do increase the size of building on the site, the amenities of the adjacent flats are preserved owing to the fact that the existing building already impacts in terms of light and general outlook. This relationship will remain largely unchanged. Other properties in the vicinity of the site are sufficiently distanced from the application site such that no undue overlooking or loss of light will arise. The appeal Inspector also considered this matter and stated " whilst I acknowledge that the outlook from both [neighbouring] properties would change as a result of the proposal, there was no hard evidence to suggest that it would cause any detriment to their living conditions".

Highway/Parking Issues

• Safe and adequate access is available to the site and the increase in traffic generated by the proposals will be minimal and will not cause an appreciable increase in traffic movements in the vicinity of the site. In addition, 5 car parking spaces are provided on site together with secure cycle parking facilities. The Head of Transportation Services considers that, having regard to the proximity of the site to the Town Centre and public transport, this provision is adequate.
• Consequently, no objections are raised to the application on highway grounds. This point was also considered by the appeal inspector as detailed above.

Tree Preservation

None of the trees on the site are harmed by the proposed development and will be retained. Additional landscaping will be carried out as part of the proposals.

Conclusion

The proposals represent an improvement to the existing building on the site and respect the established character and appearance of the area and preserve the Poole Park Conservation Area. There is no harmful impact upon residential amenity or highway reasons to refuse planning permission. As such the application is in accordance with Policy H11, BE1 and BE15 of the Poole Local Plan 1998 and Revised Deposit Plan 2001. The recent appeal decision effectively gives the Council little option but to approve the proposals having regard to the advice in Circular 8/93 which states that Local Planning Authorities that fail to heed previous appeal decisions will be acting unreasonably and will be vulnerable to an award of costs against them.

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 Agreement for:

1. A financial contribution of £5,020 (plus administration fee) towards the provision of recreational facilities in accordance with Policy L21 of the Poole Local Plan (1998) and First Alteration Revised Deposit Plan (November 2001).

(Note: If the Section 106 Agreement is not completed within 6 months then the application maybe refused without further reference to Committee).

Subject to the following condition(s)

1 - GN010 (Detailed Permission - Time Expiry 5 Years (Standard) )

The development to which this permission relates shall be begun not later than the expiration of five years beginning with the date of this permission.

Reason -

By virtue of Section 91 of the Town and Country Planning Act 1990.

2 - 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(s) is satisfactory and in accordance with Policy BE1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

3 - 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 T17 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

4 - HW010 (No Other Access Except That Shown )

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any order revoking and re-enacting that Order, no access, vehicular or pedestrian, other than that shown on the approved plan, shall be formed to the site.

Reason -

In the interests of highway safety and in accordance with Policy T14 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

5 - LS020 (Landscaping Scheme to be Submitted )

No development shall take place until proposals for the landscaping of the site have been submitted to, and approved in writing by, the Local Planning Authority. The landscaping scheme shall include 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.

Upon approval:

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 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

6 - TR070 (Tree Protection - Protective Fencing During Construction )

Protective fencing conforming to specifications in BS5837 - Trees in relation to construction, the details of which shall first be submitted to and approved by the Local Planning Authority, shall be erected in the positions indicated in the submitted arboricultural report, unless the prior written consent of the Local Planning Authority has been given 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.