Borough of Poole

Planning Committee

List of Planning Applications

THURSDAY 26TH JANUARY 2006

BOROUGH OF POOLE

Planning Committee

DATE: 26th January 2006 at 6:00 p.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

26th January 2006 at 6:00 p.m

*Not before 6:00 p.m
AG5 / 6, 8 & 10 ST PETERS ROAD / 05/05300/002/F
AG6 / LAND OFF THRUSH ROAD / 05/02604/010/F &
05/17129/002/P

Page

1 / 254 ASHLEY ROAD / 05/18308/005/C / 4
2 / LAND REAR OF 62-68 UPPER ROAD / 05/35811/006/F / 9
3 / 150 CANFORD CLIFFS ROAD / 05/08659/005/P / 16
4 / BROADSTONE GOLF CLUB, WENTWORTH DRIVE / 05/26568/010/F / 25

*Not before 8:00 p.m

5 / 7 CHADDESLEY GLEN / 05/04973/009/F / 33
6 / 12 CHADDESLEY GLEN / 05/29165/009/F / 37
7 / BOUNDARY ROAD ROUNDABOUT / 05/38699/000/TE / 42
8 / 5B LEYLAND DRIVE / 05/23007/003/C / 46

Item No:1

Case Officer:Ms C Milton

Site:254 Ashley Road, Poole, Dorset, BH14 9BZ

Application No:05/18308/005/C

Date Received:21st October 2005

Agent:Mr R J Griffin 6 Howard Road Bournemouth Dorset BH8 9DX

Applicant:Mr W Ashley

Development:Change of Use from Retail (A1) to Takeaway (A5), including air cleaning system and new shop front (Revised Scheme).

Ward:G 070 Branksome West

This proposal is referred to Planning Committee at the request of Councillor Eades on the grounds of neighbour concerns over the fume extractor creating noise and odour nuisance.

Site Description

The site is a vacant shop unit with residential over within a commercial shopping frontage on the north side of Ashley Road. The site falls between two similar retail units and next door but one, No.260, a hot food takeaway shop, No. 266 is a restaurant and takeaway. On the east side of the application site are new residential flats. On the opposite side of Ashley Road (south) are detached houses with forecourt parking. There is short term on street parking on Ashley Road in front of the application site. The rear of the site consists of a service yard with car parking and refuse storage. This also gives access to the flat at first floor level and the commercial premises on the ground floor.

Planning History

Permission was granted for a Class A2 use (insurance agency) in 1971.

Permission was granted for the use of the flat above the shop unit for offices in 1976.

Permission was refused (reference 18308/2) on 10th August 2004 to change the shop to a takeaway use. The reason for refusal was as follows:

  1. The extraction equipment, that forms an essential part of the takeaway use, would be too short in its height (below window heads) and in close proximity to adjoining residential occupiers, thereby causing unacceptable odours, noise and nuisance harmful to residential amenities. In this way the proposal would be detrimental to the living conditions of neighbouring residents and contrary to the conditions of Policy E1 of the Poole Local Plan First Alteration (adopted March 2004).

An application for a revised scheme for change of use from shop to takeaway was refused permission on 21st January 2005 (reference 18308/3) for the following reason:

1. The proposed extraction equipment that forms an essential part of the takeaway use, in the position, size and form shown, and in such close proximity to windows in the rear elevation, would present material harm to occupiers outlook and reasonable residential amenities. In this way the proposal would be detrimental to the living conditions of neighbouring residents and contrary to the provisions of Policy NE1 of Poole Local Plan First Alteration (March 2004).

An application for a change of use from shop to takeaway was refused permission on 15th July 2005 (reference 18308/4) for the following reason:

1. The proposed extraction equipment, positioned at only 2 metres above ground level, and below the cill level of first floor windows would result in unacceptable nuisance to adjoining occupiers, by reason of odours, noise and disturbance. In this way the proposal would conflict with the advice of the Council's Head of Consumer Protection Services with inadequate provision made for a cleaning and maintenance regime, and no information supplied to install a electrostatic precipitator. Therefore the proposal is contrary to Policy NE1 of the Poole Local Plan First Alteration 2004.

Current Proposal

Change of Use from Retail (A1) to Takeaway (A5), including air cleansing system and new shop front (Revised Scheme).

REPRESENTATIONS

The Head of Transportation Services - has no objection to the proposals.

The Head of Environment & Consumer Protection Services - has no objection to the proposal, as the unit is not likely to cause a nuisance to neighbours if fitted correctly.

Strategic Planning - have no objections to the proposals.

Two letters have been received from local residents raising concerns including: increased noise; production of smelly fumes; litter; impact on traffic; rodents; and increased fire hazard.

Relevant Planning Policy

Policies BE1, BE4, T13, LC4 and NE1 of the Poole Local Plan First Alteration (Adopted 2004).

Planning Considerations

  • The application site falls within the secondary shopping frontage, as identified by Policy LC4, where restaurant and takeaway uses (Class A5) already exist and are appropriate to this setting. There are already restaurants and takeaways here that are generally interspersed between shop units. The principle of a further take-away is therefore acceptable.
  • Alterations to the shop front would be in keeping with the type of frontages in this area and accords with the SPG on Shopfronts and Shop Signs.
  • The other issue to consider is the impact of the proposals upon public amenity in the area. In the previous applications, the issue of proximity of residents to commercial premises was explored, particularly in relation to the extraction equipment. The extraction equipment is now solely internal and would purify the cooking smells by mechanical means and no longer necessitates an external flue. Whilst the purification system would result in some noise from the equipment the levels generated fall below the statutory nuisance guidelines. This is an unusual scheme in the way it deals with cooking smells and demonstrates through modern technology how unsightly flues can be overcome. Therefore any impact on the neighbours would be minimal.
  • Environmental & Consumer Protection Services have no objection to the proposal in terms of the impact of the extraction system as proposed.
  • Issues of refuse storage and late night noise could be addressed by restrictive conditions. Late night opening already exists at neighbouring restaurants mainly due to their long established use. The restaurant at No. 266 had an hours of operation condition applied when permission was granted so that trading ceases at midnight. Therefore it would be reasonable to attach a similar restriction to the current proposal. The condition will allow the takeaway to open until midnight on Fridays and Saturdays. However it is felt reasonable that the permission should only allow opening until 11pm Mondays to Thursdays.
  • There is short-term on-street car parking at the front of the unit to serve the proposed use and no highway objection is raised.
  • The proposal therefore complies with the relevant policies in the Local Plan.

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 the following condition(s)

1 - GN150 (Detailed Permission - Time Expiry 3 Years (Standard) )

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

Reason -

This condition is required to be imposed by the provisions of Section 91 of the Town and Country Planning Act 1990 and amended by Section 51(1) of the Planning and Compulsory Purchase Act 2004.

2 - RC070 (Restriction on Hours of Use/Deliveries )

The use hereby permitted shall not operate and no deliveries taken at or despatched from the site otherwise than between 07:00 and 23:00 on Sundays to Thursdays, and 07:00 to 24:00 on Fridays and Saturdays.

Reason -

In the interest of the amenities of adjoining and nearby residential properties and in accordance with Policy NE1 of the Poole Local Plan First Alteration (Adopted 2004).

3 - Non Standard

Prior to the commencement of development the air purification system hereby approved shall be implemented and made available at all times whilst the use hereby approved is in operation, unless otherwise agreed in writing by the Local Planning Authority in conjunction with the Head of Environment and Consumer Protection Services.

Reason -

To ensure that cooking smells are adequately controlled in the interests of residential amenity.

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) The proposal will not pollute the local area - Policy NE1

c) The proposal will fall within the allowed uses for secondary retail frontage - Policy LC4

d) The proposal includes a shopfront that relates to the surrounding area - Policy BE4

e) The proposal will cause no harm to highway safety - Policy T13

2 - Non Standard

For the avoidance of doubt, this permission includes an internal fume air cleanser, details as submitted with this application, and no extraction system.

Item No:2SV

Case Officer:Mr M Holmes

Site:Land rear of 62-68 Upper Road, Poole, Dorset, BH12 3EW

Application No:05/35811/006/F

Date Received:31st October 2005

Agent:Pro Vision Planning & Design Market House Cornmarket Wimborne Dorset BH21 1JL

Applicant:Blue Homes Ltd

Development:Erect 4 detached houses with associated parking. Access from Cynthia Road. (Revised Scheme).

Ward:J 100 Newtown

This application is bought before the Planning Committee at the request of Councillor Plummer due to neighbour concerns.

Site Description

The site lies within the Newtown area of Poole in an area that consists predominantly of houses and bungalows. The proposed development site is land severed from the rear of Nos 62, 64, 66 and 68 Upper Road and is adjacent to a development currently under construction on land severed from plots on Cynthia Road. The application is for an extension of this previously approved scheme with dwellings of a similar general design. Within this area land levels rise from Upper Road to Cynthia Road.

Relevant Planning History

In October 2005 an application to erect four houses on the application site was refused. The refusal was on the grounds of the overbearing impact and harmful overlooking.

The development currently under construction on the adjacent site is on land severed from properties fronting Cynthia Road. This was most recently granted planning consent in July 2005 and entails development of 10 dwellings. (This development is shown on the submitted site plan).

Current Proposal

As above.

REPRESENTATIONS

Adjacent properties were notified of the proposals; three letters of representation have been received. Objecting on the following grounds:

  • Overlooking created by the proposed houses
  • Overbearing impact created

The Head of Transportation Services - No objection.

Relevant Planning Policy

BE1 - General development in the Borough

T11 - Car Parking Maxima

T13 - Traffic Generated by Development

H4 - Housing Development

L17 - Provision for Recreation Facilities

Planning Considerations

  • The proposed dwellings would not be visually prominent when viewed from either Upper Road or Cynthia Road by reason of the levels of the land, and the position of dwellings fronting these roads that would largely obscure views of the development.
  • The proposed houses would be of a design that would match those currently under construction in the adjacent Cynthia Road development and now form part of the character of the area.
  • The proposal to sub divide the existing large plots would make the better use of urban land to a density of approximately 45 dwellings per hectare in accordance with the aims of Planning Policy Guidance Note 3.
  • It is considered that the development of four dwellings on the site in the manner proposed would not give rise to harm to the character or appearance of the area. Although the section of Upper Road close to the application site is characterised by a row of bungalows it is considered that no significant views of the proposed development would be apparent from Upper Road and that consequently the proposal would not harm the existing character of the street. The houses, as proposed, would be accessed via the new development off Cynthia Road. Therefore, it is more appropriate to consider the character of this housing of which this proposal follows similar design principle.
  • The proposed development of four houses, combined with the completion of the ten houses on the adjacent site, means that in total the development of fourteen houses would fall just below the Council’s affordable housing threshold. No further development is detailed at this stage given the difficulties in amalgamating land parcels.

Neighbouring Privacy and Amenity-

  • The nearest residential properties that could be impacted upon by the proposals are at Nos.60, 62, 64, 66, 68 and 70 Upper Road.
  • The proposed development would be separated from the nearest existing dwellings by at least 16.5 metres (building to building). As a result of this separation distance and the siting of the houses to the north of the existing properties it is not considered that the proposals would result in overshadowing of adjacent sites or overbearing impact on adjacent sites.
  • The design of the houses has been amended so that each has only one bedroom window on its rear elevation at first floor level. The remaining rear elevation first floor windows are bathroom or hall windows that are to be obscurely glazed by condition. No windows are shown on the side elevations of the houses and a condition is also recommended to prevent the formation of additional windows in the future without formal planning consent so as to prevent future overlooking.
  • The rear gardens of each of the proposed houses are around 6.5 metres in depth; each of the proposed bedroom windows will therefore have views over the adjacent properties, Nos. 60 and 70 Upper Road. These views, however, would be confined to the lower part of the rear garden and not the area immediately behind the dwelling and therefore no significant harm can be identified. Also No.70 is overlooked by existing south facing windows in plot No.5.
  • The main issue is therefore the bedroom window on the rear of plot 13. This window would overlook the space immediately to the rear of Nos. 62 or 64 Upper Road. It serves a bedroom and would not be significantly harmful to the residential amenities of these properties. In any event the applicants propose a tree at the corner of the site, which would provide a level of screening that further reduces the impact of the proposed development.
  • It is not considered that any significant harm to the residential amenities of neighbouring residential properties could be identified in the proposal.

Trees/Landscaping

  • The site currently contains a number of small trees and shrubs, many of which are to be removed as a result of the application. The site is not covered by a tree preservation order and none of the landscaping that would be lost is visible from Upper Road or Cynthia Road.
  • It is considered that the planting of two trees, at the locations shown on the submitted plans, would soften the impact of the proposed development and the provision of these trees can be ensured by condition.

Car Parking/ Highways

  • The proposal makes provision for a total of eight parking spaces on the site. Of these spaces two are in private garages and six are assigned spaces. This provision equates to two spaces per dwelling which accords with adopted guidelines and is similar to the provision achieved on the adjoining development of ten houses.

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 Legal Agreement for:

  1. A capital contribution of £9040 (plus administration fee) towards the provision of recreational facilities in the Borough in accordance with Policy L17 of the Poole Local Plan First Alteration (Adopted 2004).
  2. A capital contribution of £4000 (plus administration fee) towards the promotion of modes of transport other than the private car in the locality and in accordance with the provisions of the Poole Local Plan First Alteration (Adopted 2004).

Note: If the Section 106 Legal Agreement is not completed speedily then the application maybe refused without further reference to Committee.