Land Rear of 56-64 Lower Blandford Road Broadstone

AGENDA ITEM 6

Case Officer:Mrs H E Harris

Site:Land rear 56-64 Lower Blandford Road, Broadstone, Dorset, BH18 8NY

Application No:04/32834/003/F

Date Received:24th August 2004

Agent:Anders Roberts & Associates Chapel Studios 14 Purewell Christchurch Dorset BH23 1EP

Applicant:Amberwood Homes

Development:Sever land rear of 56 & 64 Lower Blandford Road and erect 6 chalet style bungalows with integral garages to be accessed from Lower Blandford Road as amended by plans received 13.09.04 and 14.10.04.

Ward:O 150 Broadstone

This application is brought to Planning Committee at the request of Cllr Brooke due to the level of local objection to the harm to amenity and character of the area.

Site Description

This 0.445 hectare site comprises the rear gardens of 56-64 Lower Blandford Road.

The application site includes the existing site of No.58 (to be demolished and replaced).

To the rear of the site is a mature belt of trees including a very large protected eucalyptus tree, adjoining a drainage ditch before the rear gardens of properties that front Fontmell Road. There is a tall, dense conifer hedge between the site and the rear boundaries of the back gardens of properties that front Okeford Road (to the north).

The application site is generally level with several fruit trees on it.

Planning History

There have been two previously dismissed appeals for development on part of the application site and in both cases the site was significantly smaller and less units were proposed. The main objection then related to backland development and harm to residential amenities with regard to the access between No’s 58 and 60 causing noise and disturbance.

Since then a more comprehensive scheme has been considered for 5 bungalows on a similar but smaller site to that currently under consideration and permission was refused on 15 March 2004 under reference 32834/2 for the following reasons:

The proposed scheme’s backland development, with regard to the layout and configuration of units to each other, would be at odds with the established spacious residential development in the neighbourhood. This would be contrary to the character and appearance of the area by virtue of the poor visual relationship with the surrounding dwellings and the close proximity of the proposed units to each other. In this way the proposal is regarded as contrary to the provisions of policies BE1 and H1 of the adopted Poole Local Plan 1998 and its First Alteration Revised Deposit Plan November 2001.
The siting of the dwelling on plot 3 would be uncomfortably close to the protected eucalyptus tree on the eastern side of the site, thereby potentially hampering its future growth and development and leading to pressure from future occupiers to reduce its canopy or to remove the tree altogether. In this way the proposal is contrary to policy NE27 of the Poole Local Plan and its First Alteration Revised Deposit Plan November 2001 in that it would have a harmful effect on a tree covered by Tree Preservation Order No.11/98.
The proposal fails to make a contribution towards recreational open space facilities within the Borough in accordance with Policy L21 of the Poole Local Plan (1998). As such, it would put an additional demand on existing recreational facilities in the Borough. It would be contrary to Policy L21 and set a precedent that would make it difficult for the Council to implement this policy effectively in the future.

Current Proposal

This is a full application for 6 chalet bungalows on the site of No: 58 and land to the rear of 56, 58, 60 and 64 Lower Blandford Road. Amended plans have been submitted that have increased the site area slightly by incorporating more of the rear garden of No. 64. Also, minor elevational changes have been made to the front elevation of house type B.

The scheme proposes a new access from Lower Blandford Road which would serve 5 of the new chalet bungalows, plus existing No. 60. The replacement dwelling on No. 58 would be served by its own access. The new dwellings would have 4 bedrooms, integral garages and velux windows on the rear elevations looking towards neighbouring properties.

Relevant Planning Policy

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

BE1 - (Design Code)

BE2 - (Landscaping)

H4 - (Housing)

T11 - (Car Parking)

NE28 - (Tree Preservation Orders)

T13 - (Traffic Generated by Development)

T14 - (Access to the Highway Network)

L17 - (Recreational Contributions)

REPRESENTATIONS

There have been eight letters of objection. Concerns cover:

Cramped development inappropriate to the character of the surrounding area

too close to a protected eucalyptus tree

overlooking from first floor windows
unacceptable backland development
increased density
terracing effect towards Oakford Road properties
loss of wildlife
threat to road safety
drainage problems
inadequate access for emergency and service vehicles
proposed dwellings are houses not bungalows.

Broadstone Residents Association - object to the application on grounds of overdevelopment contrary to Policy BE1 of the Local Plan by reason of the proposal’s scale, density, massing, height and appearance. It is also considered that there would be serious detrimental effect on the privacy and amenity of neighbours and that the existing natural habitat would be destroyed. Also, the increase in traffic would lead to congestion and danger and the proposal would be in contravention of the Human Rights Act.

The Head of Transportation Services - has recommended amendments which have been achieved by way of amended plans and there is no longer a highway objection, subject to a £5,000 contribution for schemes in the locality that promote modes of transport other than the car. Conditions are suggested.

Planning Considerations

The application site is regarded as a transitional one between the large dwellings set in spacious extensive plots fronting Lower Blandford Road (about 7dph) and the tighter knit and higher density bungalows and chalet bungalows of Okeford Road and Fontmell Road (approx 20dph). The proposal would present a density of approximately 13dph, which can be seen to be approximately midway between these two densities. A similar density was considered acceptable in this location by a previous appeal Inspector.
The application area it falls within the urban context as within the curtilage of existing development and can be regarded as a location suitable for sustainable development where effective use of urban land can be made in accordance with the requirements of PPG3. This guidance also recommends densities in such locations to be between 30 and 50 dwellings to the hectare.
The current proposal falls short of this recommendation but PPG3 also requires (in paragraph 54) that the quality of the environment should not be compromised in order to make the most effective use of urban land. It is considered that the application proposal would be in an area of lower density where a higher density proposed scheme would be harmful to the surrounding character. Therefore this lower density scheme can be justified in order to sit comfortably with the surrounding development and character and appearance of the area.
Now that the site is larger than previous submissions, the issue of access to land to the south for future comprehensive re-development has been overcome.
The proposal presents a more linear built form with adequate distance between dwellings and sufficient amenity space. It is considered that the previous reason for refusal has been overcome insofar as there has been an improvement to the proposed units relationship to each other and their relationship to surrounding development.
There is no longer a tree objection as the nearest dwelling is now shown 14 metres from the important eucalyptus tree (covered by TPO) in an area where a 12 metre minimum distance is required.
Neighbours have raised issues relating to the high level of wildlife on the site, including birds and bluebells that would be lost. There is no specific designation to protect these and a report by the agent has confirmed that they cannot be regarded as a constraint to development. I concur with this view.
The design of the proposed bungalows is more traditional than the previous scheme. Whilst the new dwellings are described as chalet style bungalows, there is a significant level of first floor accommodation but generally this is lit by velux windows.
A cross section plan helps to demonstrate that the velux windows in the rear elevations facing properties in Okeford Road would not allow views to the rear gardens of those properties but present views to the sky. In this way it is not considered that the velux windows here would allow overlooking. It is considered that the privacy of existing occupiers in surrounding development would be protected.
Rear garden depths to the new properties towards the Okeford Road boundary would vary between 12 and 15 metres deep, providing a back-to-back separation distance of between 18 and 34 metres to these neighbouring properties. The replacement dwelling at No.58 would have a rear garden depth of 19 metres before the side garage wall of the new dwelling to the east and this also is ample separation providing sufficient amenity space and spaciousness to this new dwelling. Residual gardens to the parent properties would also be sufficient for amenity purposes.
With regard to the new access, this would be provided between the garage of No. 56 and the side wall of the new replacement property at No. 58 and there would be a distance of nearly 9 metres. The new garage proposed for the existing property (No. 60) would act as a buffer, blocking views to secondary windows in the side elevation of this property without causing significant loss of light. It is not considered the use of this new access would be significantly disturbing to the occupiers of the new property at No. 58 because there would be secondary lounge windows and one velux over in the facing elevation. The issue of noise and disturbance to the frontage properties was a concern of the previous Appeal Inspectors but the situation is now significantly improved with the position of the replacement garage alongside this new access, the provision of space for landscaping buffers along the side and the slightly greater distance between properties with the re-siting of No. 56.
With the previous schemes dismissed at appeal, the site was smaller and less units proposed. The densities were similar to the current proposal and the appeal Inspectors raised no objection to impact upon the character of the area or density, and these decisions pre-dated both the Poole Local Plan and PPG3.
In design terms, and considering the impact upon residential amenities, the proposal is considered acceptable and in accordance with policies BE1 and H4 of the Poole Local Plan First Alteration.
The Head of Transportation Services notes that the proposal would result in 6 dwellings being served by a private drive and consider that there is no cost to highway safety because it is preferred to the alternative solution which would form a new access to the existing property No. 60 directly onto Lower Blandford Road. In any event, there have been no reported accidents on this part of Lower Blandford Road and where a 40 mph speed limit is in force. No objection is raised subject to a transport contribution of £5,000 towards schemes in the locality that promote modes of transport other than the car and highway conditions.
A recreational contribution of £11,469.50 (including administration fee at 1.5%) would be payable in connection with policy L17 of the Poole Local Plan First Alteration. The applicant is prepared to enter into a Section 106 Agreement for this with the highway contribution also.

Human Rights Act

In coming to this 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:

The financial recreational contribution to the sum of £11,469.50 (plus administration fee) is paid in accordance with Policy L17 of the adopted Poole Local Plan First Alteration (Adopted 2004).
The financial highways contribution to the sum of £5,000 (plus administration fee) is paid in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).

Note: If the Section 106 Legal Agreement is not completed within a reasonable time period then the application may be refused without further reference to Committee.

RECOMMENDATION

GRANT SECTION 106 - Recommendation

Case Officer

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 H4 of the Poole Local Plan First Alteration (Adopted 2004).

3 - Non Standard (Non Standard Condition )

The erection of fencing for the protection of the retained trees shall be undertaken in accordance with the approved plan and particulars dated 14 September 2004 contained in the Method Statement by Mr Hinsley before any equipment, machinery or materials have ben removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels in thos e areas shall not be altered, nor shall any excavation be made, without the written consent of the Local Planning Authority.

Reason -

In the interests of retaining important trees on the site in accordance with Policy NE28 of the Poole Local Plan First Alteration (Adopted 2004).

4 - 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 T11 of the Poole Local Plan First Alteration (Adopted 2004).

5 - HW200 (Provision of Visibility Splays )

Before the development hereby permitted is brought into use and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any subsequent re-enactment thereof, the land designated as visibility splays as indicated on the approved plan(s) shall be cleared of all obstructions over 0.6 metres above the level of the adjoining highway, including the reduction in level of the land if necessary, and nothing over that height shall be permitted to remain, be placed, built, planted or grown on the land so designated at any time.

Reason -

In the interests of highway safety and in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).

6 - HW080 (Access Crossing - First 4.5 Metres Constructed to Specification )

Concurrently with the construction of the development hereby permitted, the first 10 metres of the access crossing, measured from the near side edge of the carriageway, shall be laid out, constructed, hardened and surfaced, in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority.

Reason -

In the interests of highway safety and in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).

7 - HW210 (Building Operatives Parking )

Prior to the commencement of development, the developer shall agree in writing with the Local Planning Authority and subsequently provide a temporary car park within or near the site to accommodate operatives and construction vehicles in accordance with the agreed details for the whole contract period, unless otherwise agreed in writing by the Local Planning Authority.

Reason -

In the interests of highway safety and convenience and in accordance with Policy T11 of the Poole Local Plan First Alteration (Adopted 2004).

8 - GN100 (No Further Windows in the Specified Elevation(s) )

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 and the Town and Country Planning Act 1990 or any subsequent re-enactments thereof, no further windows/dormer windows (other than those expressly authorised by this permission) shall be constructed in the north elevations (such expression to include the roof and wall) of the buildings hereby permitted, unless otherwise agreed in writing by the Local Planning Authority.

Reason -

To avoid loss of privacy to adjoining properties and in accordance with Policy H4 of the Poole Local Plan First Alteration (Adopted 2004).

9 - 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 encompassing buffers adjoining the access drive between Nos 58 and 60, and reinforcement on the site from tape, the retention and protection of existing trees and other site features such as the north-west boundary hedge, 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