BOROUGH OF POOLE

PLANNING COMMITTEE

20 MARCH 2008

The Meeting commenced at 6pm and concluded at 11:10pm.

Present:

Councillor Mrs Stribley (Chairman)

Councillor Mrs Deas (Vice-Chairman)

Councillors Allen, Mrs Hillman, Mrs Long, Parker, Trent, White, Wilkins and Wilson

Members of the public present at the Meeting: 60 approximately

PC91.08APOLOGIES FOR ABSENCE

None.

PC92.08MINUTES

RESOLVED that the Minutes of the Meeting held on 14 February 2008 be approved as a correct record and signed by the Chairman.

PC93.08DECLARATIONS OF INTEREST

Councillor Allen declared a personal interest in Plans List items 1, 2, 8, 9 and 13, having received written representations and Plans List item 3 because he was acquainted with the Applicant.

Councillor Mrs Deas declared a personal interest in Plans List items 1, 2, 8, 10 and 11 having received written and verbal representations.

Councillor Mrs Hillman declared a personal interest in Plans List items 1 and 14 because they were Borough of Poole Applications, 3 because she was acquainted with the Applicant and 2, 8, 9 and 13, having received written representations.

Councillor Mrs Long declared a personal interest in Plans List items 1, 8 and 9, having received written representations.

Councillor Parker declared a personal interest in Plans List items 1, 2, 3, 5, 8, 13 and 14, having received written and verbal representations.

Councillor Mrs Stribley declared a personal interest in Plans List items 1, 2, 5, 7, 8, 9, 10, 11, 12 and 15, having received verbal and/or written representations, 13 because the Applicant was a partner of a Council Officer, 4 because the Application site was adjacent to the home of a Council Officer and 1 and 14 because they were Borough of Poole Applications.

Councillor White declared a personal interest in Plans List items 1, 2, 8 and 9, having received written and verbal representations.

Councillor Wilkins declared a personal interest in Plans List items 2, 8, 9 and 13, having received written and verbal representations and 3 because he was acquainted with the Applicant.

Councillor Wilson declared a personal interest in Plans List items 1, 2, 8, 9 and 13, having received written representations, 3 and 4 as being acquainted with Officers of the Council and 1 and 14 because they were Borough of Poole Applications.

Councillor Trent was not present at the Meeting for this item.

PC94.08TREE PRESERVATION ORDER 40/2007 – 82 MERLEY WAYS – OBJECTION

The Committee considered the Report of the Head of Planning Design and Control Services which set out the objections by Mr C and the Reverend Mrs T Lockwood of 82 Merley Ways to the making of this Order as follows:-

  • Shading caused by the overhanging branches of T1 prevented plans from thriving in the neighbouring garden;
  • Branches brushed the roof of the property and could cause damage;
  • The tree had not received care for many years and management was overdue;
  • It was not expedient to make the Tree Preservation Order as the tree would be under good management; and
  • The tree could not be seen from Gravel Hill.

The Report concluded that the T1 Copper Beech Tree was healthy and in good condition and offered a significant degree of amenity to the surrounding area. Protection afforded by the Tree Preservation Order would not prevent good arboricultural management and consent would be given for an Application to carry out reasonable crown lifting and crown cleaning. It was considered expedient to confirm this Tree Preservation Order as a precautionary measure to prevent felling or inappropriate pruning.

RESOLVED unanimouslythat Tree Preservation Order 40/2007 be confirmed without modification.

PC95.08PLANNING APPLICATIONS

The Committee considered Planning Applications set out in Schedule One of the Minutes and dealt with them as indicated therein.

PC96.08CONFIRMATION OF TREE PRESERVATION ORDERS

The Committee noted from the Report for Information that the following Tree Preservation Orders had been confirmed under Delegated Powers on 1 February 2008:-

TPO 32/2007 / 136 Lower Blandford Road and adjoining verge;
TPO 33/2007 / 138 Lower Blandford Road;
TPO 34/2007 / 140, 144, 148, 150, 156 and 158 Lower Blandford Road;
TPO 36/2007 / 40 Plumer Road;
TPO 41/2007 / Baiter Gardens, rear of 35 Stanley Road;
TPO 44/2007 / 34 Upton Way; and
TPO 45/2007 / 3 Westminster Road, 5 Westminster Road and the Teak House, The Avenue

PC97.08MATTERS FOR INFORMATION

The Committee noted the following Reports by the Head of Planning, Design and Control Services:-

(i)Quarterly Statistical Information

The performance for the period 1 October – 31 December 2007 exceeded the national targets in each category for planning applications. The success and effectiveness of defending appeals and enforcement action was noted and Officers were congratulated on these performances.

(ii)Appeals Lodged

(iii)Appeal Decisions

CHAIRMAN

SCHEDULE 1

SCHEDULE TO THE MINUTES OF THE MEETING OF THE PLANNING COMMITTEE – 20 MARCH 2008

PLANNING APPLICATIONS

Item No:1

Case Officer:Mr D Howells

Site:Land to south of Whitecliff Road Car Park, Whitecliff Road, Poole, BH14 8DU

Application No:08/18585/016/W

Date Received:30th January 2008

Agent:Mr J A Biggs 45 Caledon Road Poole BH14 9NL

Applicant:Borough Of Poole

Development:Variation of condition no.1. of planning permission 07/18585/014/F to allow occupation by day care centre and retention of site until 31/12/2010.

Ward:D 040 Parkstone

Mr Evans, Objector representing local residents, said that residents were angry and upset and summarised his comments as follows:-

  • The Borough of Poole had an overriding duty to protect public open space. This was precious and unique open space and the retention of 12 portacabins was unacceptable.
  • The original planning permission gave approval for a Doctor’s Surgery with one condition attached – the reinstatement of the land and removal of the portacabins once they had been vacated by the Doctors.
  • This application should be refused.

Mr Bearcroft expressed views, including:-

  • The proposal was an unacceptable use of the temporary premises.
  • This was a misuse of public open space.
  • Better facilities should be provided for the people who use them. Oakdale School would be a suitable location. It was convenient and would require, only internal alteration. It could be used as a split site development with Fourways.
  • The Officer’s Report was inaccurate and inadequate.
  • The Fourways Project had no start and finish times.
  • Five years for temporary planning permission was over the top and the Application should be refused on the grounds of misuse of Open Space – Policy LE1.

Councillor Eades, who had Red Carded the Application, expressed views, including:-

  • The Application to grant outline permission for development on land at Fourways, Constitution Hill Road, had been approved in April 2007 but the Section 106 Agreement had not yet been completed.
  • The concern was that the pre-fabricated buildings would be retained for a further five years.
  • Policy CF5 (Retention of Community Facilities) was not valid because Social Services had not looked at options. The Fourways site had been chosen because the portacabins were already there.
  • Their retention was harmful to recreational facilities and Poole’s main tourist route into town.
  • The removal of 20 car parking spaces would result in loss of use of open space.
  • Social Services would not be ready to move into Fourways on 1 June 2008.
  • The Committee were requested to reject the Application because it was an abuse of public open space.

Mrs Moulders and Mr Best, residents of Fourways, said that Whitecliff was the only place that the users of Fourways had to go. The residents were under stress because they did not want to move and the opinion of the public was not helping. Mrs Moulders appealed to the Objectors to understand that this was not forever. The disabled people of Poole needed to be looked after and the residents of Fourways had no alternative. A part demolish/part build site referred to by an Objector would be dismissed under Health and Safety Regulations.

Councillor Ms Atkinson, Portfolio Holder for Well-Being and Housing, thanked the Committee for allowing her to speak on this matter.

She felt the proposal to be an overriding public and community need. She explained that initially it was intended that the service users would stay on site at Fourways but this was not possible.

She could see no valid planning reason to refuse the use as a Day Centre. The Borough of Poole had a duty to look after disabled people with dignity and respect.

Mr Sheldrick, Head of Adult Social Care and Wellbeing, stated that that there had been a fair degree of opposition to the proposal when it had been discussed at the Parkstone Area Committee in November 2007.

Various other sites had been considered but rejected as unsuitable, including

Upton House, Hamworthy Liberal Hall, Oakdale School site, Creekmoor Park and Ride Site, Dolphin Car Park and Baiter Harbourside Car Park.

Whitecliff had been chosen because (a) the portacabins were already there and the layout of the portacabins could be used to create more day space; and (b) level access.

The Head of Planning Design and Control Services indicated that the Council did not have an overriding duty to throw the Application out but had a duty to consider all the community in Poole. He indicated that notwithstanding Policy L1, permission could be granted in exceptional circumstances if there were sufficiently mitigating factors.

The Committee, after discussion, considered that the exceptional circumstances and the overriding need to provide temporary accommodation for the users of the Fourways site, outweighed the temporary loss of open space at this location.

After discussion, it was -

RESOLVED that planning permission be granted - subject to the following condition(s)

1 - Non Standard (Non Standard Condition )

The siting of the prefabricated units, their use as a day care centre shall be removed on or before 31st December 2010 and any works for the reinstatement of the land to its condition prior to the implementation of this permission shall be carried out within one month of the date of expiry in accordance with a scheme of work to be submitted to, and approved in writing by, the Local Planning Authority.

Reason -

To ensure that the proposed development does not become a permanent structure and in accordance the provisions of the Poole Local Plan First Alteration 2004 (as amended by Secretary of State Direction 2007).

2 - Non Standard (Non Standard Condition )

Prior to the occupation of the prefabricted buildings as a day care centre, provision shall be made within the site for storage of refuse prior to disposal, in which respect a scheme shall be submitted to, and approved in writing by, the Local Planning Authority prior to the commencement of on-site works; implemented prior to the first occupation and thereafter retained.

Reason -

In the interests of amenity and to ensure that no obstruction is caused on the adjoining highway and in accordance with Policy BE1 of the Poole Local Plan First Alteration 2004 (as amended by Secretary of State Direction 2007).

3 - Non Standard (Non Standard Condition )

Prior to the occupationof the prefabricated buildings as a day care centre, the vehicular access and car parking layout shown on the approved site plan shall be made available and thereafter be retained and kept available for those purposes at all times.

Reason -

In the interests of highway safety and in accordance with Policies T11 and T13 of the Poole Local Plan First Alteration 2004 (as amended by Secretary of State Direction 2007).

Informative Note(s)

1 - Non Standard

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 - Policies BE1 and NE23

b) The general value of the open space will not be materially harmed by the temporary community use proposed - Policies NE29 and L1

c) The existing car park will serve the proposed development sufficiently - Policies T11 and T13

Voting: Grant: 5Refuse: 3Abstentions: 2

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Item No:2

Case Officer:Ms C M Dick

Site:12 St Clair Road Poole BH13 7JP

Application No:08/18815/007/F

Date Received:24th January 2008

Agent:Pegasus Planning Group 2-10 Kings Parade Mews Clifton Bristol BS8 2RE

Applicant:Ravine Lifestyle

Development:Erection of 2 x 4-bed detached dwellings with associated parking and rear vehicular access from St Clair Road. (Revised Scheme) (as amended by plans recieved 22.02.08).

Ward:F 060 Canford Cliffs

(Councillors Allen and Wilson were not present for this item).

The Case Officer reminded the Committee that this was a revised scheme. An Application to demolish the existing and erect two detached, two storey dwellings with accommodation in the roof, integral double garage and balconies to the front and rear (Ref: 06/18815/003/F) had been approved in January 2007.

Mr Sprackling, objecting on behalf of the Branksome Park, Canford Cliffs and District Residents’ Association, the Canford Cliffs Land Society and residents living in St Clair Road, expressed views, including:-

  • The current Application was almost indistinguishable from the previous;
  • The sloping away of the roof was already incorporated in the refused Application and the lowering of the gutter heights on the front elevation and increasing the height of the first floor front windows would do nothing to alleviate the perceived height and mass of the building;
  • This Application should be refused for the same reasons as 07/18815/006/F, namely that the proportions of the front elevation and most particularly the raised eaves height would result in dwellings which were higher than neighbouring properties and would appear overly dominant in the streetscene and materially harmful to the character and appearance of the area. The proposal is therefore contrary to Policy BE1 and H4 of the Poole Local Plan adopted March 2004; and
  • Attention was drawn to the provisions of Section 70A Town & Country Planning Act 1990 (as amended in 2005) which dealt with repeat Planning Applications that were submitted with the intention of wearing down opposition to undesirable developments. This seemed particularly pertinent in this case, where four applications have produced 12 different sets of drawings.

Mr Tarzey, for the Applicant, expressed views, including:-

  • The amendments were minor to those previously approved;
  • This was still an acceptable building in the street scene and still in keeping with the character of the area; and
  • The new roofline was acceptable.

Ward Councillor Mrs Haines expressed views, including:-

  • Reference to the planning history of the site and the similarity of the different schemes;
  • The building would be dominant in the street scene and only slightly lower than a 4 storey block of flats;
  • The design was good but would sit well on a larger plot.
  • The Application should be refused on Policy BE1 or deferred for a site visit.

Ward Councillor Sorton indicated that he had viewed the site and remained appalled at the proposal. St Clair Road comprised mainly two storey houses and the proposed development would materially harm the street scene. He requested that the Application be refused or deferred for a site visit.

RESOLVED unanimouslythat the Application be deferred to enable Members to visit the site.

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Item No:3

Case Officer:Miss R Landman

Site:13 Twemlow Avenue Poole BH14 8AL

Application No:08/18702/002/F

Date Received:28th January 2008

Agent:Reid & Seal Architects 53 Florence Road Parkstone Poole BH14 9JF

Applicant:Mr & Mrs S Hendey

Development:Erect 2 storey pitched roof extension at rear, insert dormers at front to provide accommodation in roof space. Form pitched roof over existing garage.

Ward:D 040 Parkstone

(Councillors Allen and Wilson were not present for this item)

It was noted that an additional representation from the residents of No.15 Twemlow Avenue had requested that the scheme be altered to inset balcony in roof space by 500mm; retain obscure glazing on the fist floor side north-east window and provide hidden gutter erected on the garage roof.

The Applicant had indicated that the external walls of the extension were to be rendered.

RESOLVED that planning permission be granted subject to the following condition(s)

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

2 - GN040 (Match Materials to the Existing Building )

Materials for the roof of the proposed extension and the proposed garage shall match in every respect those of the existing roof tiles unless otherwise first agreed in writing by the Local Planning Authority.

Reason -

To ensure a satisfactory visual relationship with the new development and that of the existing in accordance with Policy BE1 of the Poole Local Plan First Alteration Adopted 2004 (as amended by Secretary of State Direction, September 2007).

Informative Note(s)

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) Residential Amenity will not be adversely affected – Policy H12

2 - IN520 - Works Affecting Adjoining Land

It is noted that the guttering of the building hereby approved closely abuts your neighbour's land. This planning permission does not convey the right to enter land or to carry out works affecting or crossing the boundary with land which is not within your control without your neighbour's consent. This is, however, a civil matter and this planning consent is granted without prejudice to this.

Voting:Grant: 8Refuse: 0 Abstentions: 0

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Item No:4

Case Officer:Miss C Milton

Site:89 Layton Road Poole BH12 2BJ

Application No:08/03425/001/F

Date Received:6th February 2008

Agent:The Design Bureau 57 Fernheath Road Bournemouth BH11 8SQ

Applicant:Ms F Cole

Development:Extensions and alterations to rear, including new pitched roof.

Ward:G 070 Branksome West

Councillor Allen was not present for this item.

RESOLVED that planning permission be granted subject to the following conditions