BOROUGH OF POOLE
PLANNING COMMITTEE
14 FEBRUARY 2008
The Meeting commenced at 10:00am and concluded at 3:05pm.
Present:
Councillor Mrs Stribley (Chairman)
Councillors Eades (substituting for Councillor Allen), Gillard (substituting for Councillor Mrs Deas), Mrs Hillman, Mrs Long, Parker, Trent, White, Wilkins and Wilson.
Councillor Eades left the Meeting after Plans List Item 4.
Members of the public present: 60 approximately.
P83.08 APOLOGIES FOR ABSENCE
Apologies for absence were received on behalf of Councillors Allen and Mrs Deas.
P84.08 MINUTES
RESOLVED that the Minutes of the Meeting of the Planning Committee held on 24 January 2008, be approved as a correct record and signed by the Chairman.
P85.08 DECLARATIONS OF INTEREST
Councillor Eades declared a personal interest in Plans List Items 2 and 3, having received written representations.
Councillor Wilkins declared a personal interest in Plans List Items 2 and 3, having received written representations and Plans List Item 8, having received verbal representations.
Councillor Gillard declared a personal interest in Plans List Items 2 and 3, having received written representations.
Councillor Mrs Long declared a personal interest in Plans List items 1, 2 and 3, having received written representations.
Councillor Mrs Hillman declared a personal interest in Agenda item 5 and Plans List No’s 2 and 5, having received written representations.
Councillor White declared a personal interest in Agenda item 5 and Plans List No’s 1, 2, 3 and 8, having received written and verbal representations.
Councillor Parker declared a personal interest in Agenda item 5 and Plans List No’s 1, 2, 3, 5, 7 and 9, having received verbal and written representations.
Councillor Mrs Stribley declared a personal interest in Agenda item 5 and Plans List No’s 1, 2 and 3, having received written representations.
Councillor Trent declared a personal interest in Plans List item 2, having received verbal representations and Plans List item 3, having received written representations.
Councillor Wilson declared a personal interest in Plans List items 2 and 3, because he was a member of the Poole Housing Partnership Board Limited and Plans List items 2, 5 and 7 because of the close proximity to Councillor Brooke and other Councillors.
Councillor Brooke, although not a Member of the Committee, declared a prejudicial interest in respect of Plans List item 2, because he lived next door to the Application site. He indicated that he would speak as a member of the public at the allotted time but would leave the Meeting after having made representations.
P86.08 1 PARTRIDGE WALK – FORM NEW ROOF AND FIRST FLOOR TO CONVERT BUNGALOW TO HOUSE (AS AMENDED BY PLANS RECEIVED 17.12.2007 – DEFERRED ITEM)
This matter had been deferred from the previous Meeting on 24 January 2008 to enable Members to visit the site. After discussion, it was –
RESOLVED that planning permission be granted subject to the following conditions:-
1 - GN150 (Detailed Permission - Time Expiry 3 Years (Standard) )
2 - GN040 (Match Materials to the Existing Building )
3 - GN090 (Obscure Glazing of Window(s) )
Both in the first instance and upon all subsequent occasions, the windows coloured red on the approved plan on the west elevation shall be glazed with obscured glass in a form sufficient to prevent external views and shall either be a fixed light or hung in such a way as to prevent the effect of obscure glazing being negated by reason of opening.
Reason -
To protect the amenity and privacy of the adjoining properties and in accordance with Policy H12 of the Poole Local Plan First Alteration Adopted March 2004 (as amended by Secretary of State Direction September 2007).
4 - 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-enactment thereof, no further alterations or extensions other
than those authorised by this permission shall be erected without express planning permission first being obtained from the Local Planning Authority.
Reason -
In order to preserve the residential amenities of neighbouring properties and in accordance with Policy H12 of the Poole Local Plan First Alteration Adopted March 2004 (as amended by Secretary of State Direction September 2007).
5 - 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, the flat roof area of the extension hereby permitted as shown in green on the approved plans shall not be used as a balcony, roof garden or similar amenity area without the grant of further planning permission from the Local Planning Authority.
Reason -
To protect the amenity and privacy of adjoining residential properties and in accordance with Policy H12 of the Poole Local Plan First Alteration Adopted March 2004 (as amended by Secretary of State Direction September 2007).
Voting: 4 Grant 3 Refuse 3 Abstentions
P87.08 AWARDS OF COSTS IN PLANNING APPEALS
The Head of Planning Design and Control Services presented this Report, which drew attention to two recent Awards of Costs against the Local Planning Authority that arose out of decisions made by the Planning Committee. He asked Members to consider the implications of these decisions in future decision making. The two Application sites referred to were the erection of a block of 7 flats with associated parking at Birds Hill Road/Churchfield Road (Application No.2986/003) and 19-21 Munster Road (Application No.19369/007). The Report was accompanied by an Appendix setting out the cost decisions on both of these Applications.
RESOLVED that the Report be noted.
P88.08 PLANNING APPLICATIONS
The Committee considered the Planning Applications set out in Schedule One of the Minutes and dealt with them as indicated therein.
P89.08 MATT HOLMES – PLANNING OFFICER
The Head of Planning Design and Control Services advised the Committee that this would be Matt Holmes last Meeting as he would be leaving the Council in March 2008.
The Committee expressed its thanks to Matt for his contribution to the Planning Committee and wished him success for the future.
P90.08 MATTERS FOR INFORMATION
The Committee noted the following reports by the Head of Planning Design and Control Services:-
(i) Appeals Lodged
(ii) Apppeal Decisions
(iii) Enforcement Action
CHAIRMAN
SCHEDULE 1
SCHEDULE TO THE MINUTES OF THE MEETING OF THE PLANNING COMMITTEE – 14 FEBRUARY 2008
PLANNING APPLICATIONS
Item No: 1
Case Officer: Mr J Gilfillan
Site: Land adjacent to Sterte Court Sterte Close Poole BH15 2AU
Application No: 07/08203/006/F
Date Received: 29th November 2007
Agent: Williams Lester Architects 2 Pullman Business Park Pullman Way Ringwood Hants BH24 1EX
Applicant: Knightstone Housing Group
Development: Erect a block of 41 flats over 4 and 9 floors and a terrace of 3 houses with associated car parking (as amended by Plans received on 12 February 2008).
Ward: C 030 Poole Town
Reports and Plans with a recommendation for refusal had previously been circulated to all Members of the Committee. The Presenting Officer tabled a revised Report with a recommendation for approval, subject to a Section 106 Agreement, conditions and referral to the Secretary of State under the Town & Country Planning (Flooding) (England) Direction 2007.
Amended Plans dated 12 February 2008 had been received to erect a block of 41 flats over 4 and 9 floors and a terrace of 3 houses with associated car parking, giving a total of 44 properties.
It was noted that the recommendation of the Head of Transportation Services required works to be carried out to improve the safety of the junction of Sterte Close and Sterte Road, due to the increase in vehicle movements. Works to improve the visibility at that junction or slow vehicle speeds would be necessary to ensure highway safety.
The Application did not include any such works, it is proposed that these be a requirement of the Section 106 Agreement.
In addition to the standard Developer Contributions Towards Transport Investment the applicant had offered £60,000 towards improving the parking available for the existing residents of Sterte Close.
Further consideration had been given to the risk from flooding, based on the Strategic Flood Risk Assessment (SFRA) being undertaken by the Council and the advice of the Environment Agency (EA).
The site fell within the area at the edge of Poole Harbour identified to be flooded in the event of a 1:200 year flood.
In accordance with PPS25 (Development and Flood Risk) a ‘sequential test’ should be carried out, in order to identify whether there was land available in an area of lower flood risk.
In order to meet its strategic housing targets and as a consequence of the urban form that result from the environmental factors that influenced the growth of the Borough, the LPA relied on windfall sites to contribute significantly to its housing requirement. Applying the sequential test at the strategic level it was not possible to conclude that there were sufficient sites available in lower risk flood zones to deliver Poole’s housing requirement. On that basis the Application site was a valuable addition to the overall supply of housing land and any Application of the Sequential Test could not therefore conclude that this development should not go ahead and that only land in lower risk zones could be considered favourably.
Factors that supported permission being granted included:
· The floor levels of the buildings would be raised to protect them from flooding.
· The site and its immediate surroundings could potentially suffer in a 1:200 year event a maximum flood depth of between 0.5m - 1.0m. The Emergency Services had indicated they would be able to evacuate residents in the event of a flood warning.
· Given the shallow nature of any flooding and the presence of the bund alongside Holes Bay Road acting as a breakwater, this was likely to be a still water inundation, where little or no account needed to be taken of wave action.
· Pedestrian evacuation routes would be through the shallowest areas and land above the flood contour was accessible within 400m of the entrances to the main block.
· The site was in a sustainable location, being in the existing built up area and close to the Town Centre.
· The scheme delivered a significant benefit for the community by providing at least 40% affordable housing.
· Any flood risk would be tidal and predictable, enabling flood warnings and any emergency procedures to be implemented before flooding occurred. Given the tidal nature of the flood risk any flood event would be limited in duration and would subside as the tide began to drop.
The recommendation was contrary to the advice given by the Environment Agency, which had maintained its objection to the development. Any recommendation for approval must be referred to the Secretary of State under the Town & Country Planning (Flooding) (England) Direction 2007.
The Secretary of State must respond within 21 days.
Mr Day, for the Applicant (Knightstone Housing Association) expressed views including:-
· The proposals had been carefully conceived after 4 years of close collaboration with the Borough of Poole and Poole Housing Partnership.
· Extensive consultation had taken place in 2006 and 2007.
· A flood risk assessment had been undertaken and submitted with the planning application. Satisfactory arrangements could be made to deal with flood risk.
· The site was unique and offered development potential which could not be provided elsewhere.
· The Applicant was willing to enter into a 106 Agreement to make the financial contributions set out in the Case Officer’s Report, together with provision of 18 affordable housing units and a scheme of highway works to improve the junction of Sterte Close and Sterte Road.
· £3.5million was available to develop and enhance the site and surrounding area.
· The Application represented good use of a brown-field site.
Mr Durrant, local resident, expressed views, including:-
· The development would enhance and be beneficial to the Sterte area.
· Finance should be made available for car parking.
· A temporary access road from Sterte Avenue should be created for use whilst development was under construction. This was a safety issue.
· A single manager should be employed – Poole Housing Partnership for preference.
Ward Councillor Mrs Evans expressed views, including:-
· The density was too high.
· Due consideration had not been given to the layout and the potential “run through” in one block which would not give a sense of security to residents. The layout should be improved to counter opportunities for crime and disorder issues.
· There was no formal play area.
· Whilst the area did not enjoy the designation of public open space, it was utilised as open space and its loss would be highly detrimental to the town. There was precious little open space left and this should be retained.
· Parking issues were already evident. Extra residents would compound parking issues and put extra pressure on the surrounding roads.
· The Committee was urged to reject the proposal.
The Committee considered all aspects of the Application and individual Members expressed concern about the proposal to introduce more tower blocks which, it was felt, were out of date and not satisfactory, lack of designated open space and car parking issues. It was also noted that the site offered development potential which could not be achieved elsewhere in the Borough. After considerable detailed discussion, it was -
RESOLVED that the Application be approved subject to (a) referral to the Secretary of State, under the Town & Country Planning (Flooding) (England) Direction 2007;
(b) a Section 106 Agreement to secure:
1. A financial contribution of £66,476 (+ admin fee) towards providing recreational facilities in accordance with Policy L17 of the Poole Local Plan First Alteration Adopted 2004 (As amended by Secretary of State direction Sept 2007).
2. A financial contribution of £44,000 (+ admin fee) towards providing transport infrastructure in accordance with Policy T13 of the Poole Local Plan First Alteration Adopted 2004 (As amended by Secretary of State direction Sept 2007) and the Transport Investment Interim Planning Framework (Oct 2007).