Borough of Poole
Planning Committee
List of Planning Applications
THURSDAY 28 AUGUST 2003
BOROUGH OF POOLE
Planning Committee
DATE: 28 August 2003 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).
TABLE OF CONTENTS
Planning Committee
28 August 2003 at 6.00 PM
Page
WEST
W1 / 18 HARCOMBE CLOSE / 03/35993/000/F / 4W2 / 225 HERBERT AVENUE
(ROSSMORE COMMUNITY COLLEGE) / 03/11790/022/W / 7
W3 / ROSSMORE COMMUNITY COLLEGE / 03/11790/023/W / 14
W4 / 1 LEYLAND ROAD / 03/23011/006/C / 19
W5 / 45 ROMAN ROAD / O3/09812/008/F / 23
EAST
E1 / 12 BALCOMBE ROAD / 03/15328/014/F / 28E2 / 68 TWEMLOW AVENUE / 03/11908/013/F / 38
E3 / 68 TWEMLOW AVENUE / 03/11908/014/U / 47
E4 / 72 NORTH ROAD / 03/11225/008/F / 49
E5 / LAKE FARM / 03/31146/003/F / 54
E6 / 68 BROWNSEA VIEW AVENUE / 03/13792/006/F / 59
Item No:W1
Case Officer:Miss C Standley
Site:18 Harcombe Close, Canford Heath, Poole, Dorset, BH17 9HJ
Application No:03/35993/000/F
Date Received:27th June 2003
Applicant:Miss D Robertson
Development:Retrospective application to retain a conservatory at rear.
Ward:L 120 Canford Heath West
This application is brought to Planning Committee at the request of Councillor Mrs Moore because of its impact on neighbouring amenity.
Site Description
The application site is a two storey end terrace dwelling in Canford Heath.
Relevant Planning History
Permitted development rights were removed from the original consent
Current Proposal
The application is retrospective for a pitched roof conservatory in white UPVC and dwarf brick wall to match the existing dwelling
REPRESENTATIONS
Objections have been received from 24 and 20 Harcombe Close
- aesthetically displeasing due to size and shape
- design is out of keeping with the local area
- the scale and density is not suitable for the plot size
- height of the ridge detracts from the character of buildings in the area
- the materials do not reflect the character of the area
- the conservatory has directly impacted on the gas flue at No 20 resulting in them being unable to heat their home or water
Relevant Planning Policy
The following policies of the Adopted Poole Local Plan (1998) and First Alteration Revised Deposit Plan (November 2001) are relevant:
H10 - (House Alterations and Extensions)
BE1 - (Design Code)
Planning Considerations
The main planning consideration is neighbouring amenities. The proposed conservatory is to the rear of the property and would not be readily apparent or harmful to the streetscene.
- The conservatory spans the whole width of the house but it is single storey and there is sufficient space within the plot to accommodate a conservatory of this size without harm.
- The conservatory is set close to the boundary with No 20 Harcombe Close but this elevation is constructed of a 1.8 metre brick wall with high level glazing, therefore has no detrimental impact on the privacy of No 20.
- The rear garden of the application site is significantly larger than the neighbouring property and the area covered by the conservatory is of a comparable size in site coverage.
- The boundary is screened in part by a 1.8 metre fence. From the neighbouring garden the high level windows and roof of the conservatory would be visible, the impact of this would be reduced given the materials used and that the roof is of pitched design, sloping away from the boundary.
- The conservatory is set on the boundary with No 20 Harcombe Close but this elevation is constructed of a 1.8 metre brick wall with high level glazing, therefore has no detrimental impact on the privacy of No 20.
- The remaining glazed elevations of the conservatory are sufficiently screened by fences, walls and landscaping.
- There would be sufficient space between the proposal and neighbouring dwellings to the side/rear that no material loss of light would occur to sensitive windows/external areas of the/these adjoining dwellings
- An issue which has been raised by objectors is the impact on the gas flue on the rear elevation of the neighbouring property No 20 Harcombe Close. As a result of the close proximity of the neighbouring conservatory and the conservatory subject of this application the gas flue it has been classed as unsafe to use by the gas company. However, the conservatory is exempt from building regulations and legal advice has been sought with regard to whether the effect on the flue should be considered as a material planning consideration. Whilst private interests may be material planning considerations in some instances, there needs to be a material planning purpose as well as a personal one before it can be taken into account in a planning judgement. In this instance the impact upon the flue is not regarded as a material planning consideration.
Human Rights Act
In coming to this recommendation/decision consideration has been given to 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, particularly relating to neighbouring privacy and amenity. Given the fact that the conservatory is felt to be satisfactory in planning terms and the effect on the gas flue is a private matter between the parties which the Local Planning Authority should not intervene a favourable recommendation is considered to be appropriate.
Recommendation
Grant
Item No:W2
Case Officer:Mr RT Genge
Site:225 Herbert Avenue (Rossmore Community College), Poole, Dorset, BH12 4HR
Application No:03/11790/022/W
Date Received:12th May 2003
Agent:F M Modern Design Greenways Studios Lower Eashing Godalming Surrey GU7 2QF
Applicant:Borough of Poole
Development:Demolish existing building at 225 Herbert Avenue and erect 2-storey building to form Public Library & Community Learning Centre including landscaped area as amended by plans received 26.06.03 and 25.07.03 and arboricultural statement received 28.7.03.
Ward:I 090 Alderney
This application is brought to the Planning Committee due to the scale of the proposal and links with the Rossmore Community Learning Project.
Site Description
See Item W3
The site, the subject of this application, includes the current Caretakers dwelling and an area of grass which fronts Herbert Avenue. To the north-west is an avenue of Horse Chestnut trees which separate this site from Nos. 227 and 227a Herbert Avenue. To the south-east exists the main entrance to the college and leisure centre, with a smaller grass area further south-east and then No 213 Herbert Avenue.
Dwellings at this point are either bungalows or chalet bungalows, although the character of the area in general is a mixture of two storey and single storey properties.
Current Proposal
Demolition of existing caretakers dwelling. Erection of new 2-storey building to form Public Library & Community Learning Centre including landscaped area. The proposal also details the felling of 2 Horse Chestnut trees.
Whilst not forming part of this proposal members may be aware that the Rossmore project entails a number of linking projects. In particular should consent be forthcoming for the new community learning centre and library the present library premises will become redundant and an application forthcoming likely for its use as residential. In addition with the demolition of the caretaker dwelling alternative accommodation must be sought. This may form the basis of an application on the grass land immediately adjacent to No 213 Rossmore Road.
The application is supported by a supporting statement which deals with 3 related applications, Item W3 on this agenda; and the re-location of Trinidad School to Alderney School. The former is considered elsewhere on this agenda and the later to be considered at a future date. This statement considers the Traffic implications for the Learning Project and arboricultural implications.
The Traffic Assessment demonstrates that there is sufficient parking at present and the proposal do not generate the need for further parking.
Relevant Planning Policy
See Item W3
The following policies of the Adopted Poole Local Plan (1998) and First Alteration Revised Deposit Plan (November 2001) are relevant:
BE1 - (Design Code)
BE2 - (Landscaping)
NE26 - (Individual or grouped trees)
T11b- (Car Parking Maxima)
Relevant Planning History
- 11790/018 - Erect a single storey flat roof extension to form two science laboratories, a prep room, store and circulation space - Granted 08.11. 2000
- 11790/021 - Single storey day nursery building - Granted 10.02.03
- 11790/023 - Erect 2-storey building to form Technology Centre including classrooms and workshops and associated landscaping- Current Application
- 11790/024 - Erect a 3 metre high fence and form 4 tennis and netball courts with 10 x 10 metre high floodlight masts - Current Application
REPRESENTATIONS
Adjoining Residents - To date 12 letters of representation have been received. 9 letters for the original plans and 3 for the amended plans. These letters are from 3 individual properties immediately adjoining the site. In addition a petition has been received from 481 signatures objecting to the loss of all or any of the Horse Chestnut tress.
The objections to the original plans are made on the following grounds: Loss of trees is harmful to character of area, they are needed for both children and elderly residents, they provide oxygen for area and restrict overlooking to neighbouring properties; building too large and out of character; potential overlooking from new building and traffic problems will worsen.
Amended plans have now been received which reduce the scale and mass of the building, together indicating the retention of all but 2 of the 16 tree along the side boundary of the site.
Following re-consultation on these plans 3 letters of representation have been received. 1 letter considers the amended plans overcome their main concerns although remain concerned about use of the existing parking to the rear of No 227a. 2 letters remain concerned about the loss of 32 trees, consider the design and materials for the building to be out of character, object to any of the horse chestnut trees from being removed, remain concerned about traffic problems and consider the height of the building to be harmful.
Head of Highways Services - no objection subject to amended plans.
Head of Consumer Protection - request a contaminated land condition be imposed.
Museums Officer - observation of ground works to record any archaeological findings
Arboricultural Officer - no objections subject to Tree Protection details and suitable landscaping
Wessex Water - comments on connection to sewers with no objection being raised to proposal.
English Nature - no comments
Dorset Police Architectural Liaison Officer - commented on design of original building and recommended changes - no comments received to amended plans.
Planning Considerations
The building, as proposed, is to the Herbert Avenue frontage, immediately adjacent to a line of Horse Chestnut trees. The main issues in this instance relate to the design of the building, its impact upon neighbouring properties and the streetscene, impact upon trees and highways.
- The proposal is on the site of the existing two storey flat roofed caretakers dwelling and whilst involving the re-landscaping of the grassed area does not result in the loss of any Urban Green Space or Open Space.
- The proposal retains the majority of Horse Chestnut Trees. The2 trees to be removed are either required to be removed on safety grounds, or as a direct result of the proposal. They are to the rear of the site and their loss will not harm the amenity of the area. Sufficient landscape remains to the side boundary to screen the proposal from the adjoining residential properties. Other trees to be lost are either in the form of a hedgerow or of limited amenity value.
- The proposal would not be noticeable from any adjoining residential property at No 227 and 227a Herbert Avenue.
- Whilst the building may be noticeable from No 213 Herbert Avenue there remains a distance of 34m between buildings. This is considered acceptable to protect their amenities from any unacceptable overlooking, bulk or overshadowing.
- The design, scale and materials of the proposed Building respect the setting and character of the existing college and its surroundings and are therefore in accordance with the provisions of the Design Code set out in the Poole Local Plan (Policy BE1). Whilst the building is 8m high, with use of fairfaced concrete block-work to the walls, and flat roofed, it is set back from the highway by 50m and would not harm the streetscene. It would positively enhance the approach into the leisure centre and college site.
- These are improved community and school facilities. The highway assessment concludes that the existing parking capacity within the site is adequate for the proposal. Two disabled parking bays are provided immediately adjacent to the new building.
- There is a need to review the existing cycle parking facilities and provide improved facilities. Staff should have access to showers and changing facilities. Car parking is acceptable during the day time. Providing the overflow evening parking is secured by condition there would be no highway problem in the evening.
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 With Conditions
Subject to the following conditions
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 - LS020 (Landscaping Scheme to be Submitted)
Notwithstanding the submitted plans 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 BE2 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).
4 - HW110 (Cycle Provision)
Prior to the commencement of development, details of secure cycle parking facilities shall be submitted to, and approved in writing by, the Local Planning Authority, implemented in accordance with the agreed details and thereafter retained.
Reason -
In order to secure the provisions of appropriate facilities for cyclists and in accordance with Policy H11b of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).
5 - Non Standard
The development, hereby approved, shall not be occupied until drainage works have been carried out in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority. Those proposals should have regard to the principles set out in the supplementary planning guidance ‘Sustainable Drainage Systems’.
Reason -
To ensure there is adequate provision of drainage facilities and in accordance with Policy NE1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).
6 - Non Standard
Prior to the commencement of any works pursuant to this permission the developer shall submit for the written approval of the Borough of Poole:
A 'desk study' report documenting the history of the site and its surrounding area and likelihood of contaminant extent and type; if the study confirms the possibility of contamination a site investigation report documenting the ground conditions of the site, incorporating a "conceptual model" of all the potential pollutant linkages and an assessment of risk to identified receptors; if risk assessment identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed.