BOROUGH OF POOLE – PLANNING COMMITTEE – 21 OCTOBER 2010

BOROUGH OF POOLE

PLANNING COMMITTEE

21 OCTOBER 2010

The Meeting commenced at 2pm and concluded at 7:58pm

Present:

Councillor Mrs Stribley (Chairman)

Councillor Mrs Butt (Vice-Chairman)

Councillors Allen, Burden, Eades (until 6:23pm), Mrs Haines (substituting for Councillor Wilkins), Trent, Wilson and Woodcock

Members of the public present: 33 approximately

PC47.10APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor Wilkins.

PC48.10DECLARATIONS OF INTEREST

All Members declared a personal interest in Plans List Items No.5, 15 Bournemouth Road, No.10, Land adjacent to 20A Chaddesley Glen and No.12, 5 Hewitt Road, due to the close proximity of Members’ properties.

All Members declared a personal interest in Agenda Item No.9, 9 Christopher Crescent, having received written representations.

Councillors Mrs Butt, Eades, Mrs Stribley and Wilson declared a personal interest in Agenda Item No.8, Baden Powell and St Peter’s CE Middle School, having received written representations.

Councillor Eades declared a prejudicial interest in Agenda Item No.8, Baden Powell and St Peter’s CE Middle School due to the fact that his child attends the School.

Councillor Mrs Butt declared a personal interest in Plans List Item No.1, Lifeboat Quay, having received written representations.

Councillors Burden, Mrs Butt, Trent, Wilson and Woodcock declared a personal interest in Plans List Item No.2 and No.3, Poole High Street Methodist Church, having received written representations.

Councillor Wilson declared a personal interest in Plans List Item No.4, Croft Gardens, 57 Croft Road, having received written and verbal representations.

Councillor Trent declared a personal interest in Plans List Item No.6, Land adjacent to 2B Berkley Avenue, having received written and verbal representations.

Councillors Mrs Butt and Mrs Stribley declared a personal interest in Plans List Item No.7, 1A and 3 Wyndham Road, having received written representations.

Councillor Wilson declared a personal interest in Plans List Item No.9, land at Willet Road, having received written representations.

PC49.10SUCH OTHER BUSINESS, AS IN THE OPINION OF THE CHAIRMAN, IS OF SUFFICIENT URGENCY TO WARRANT CONSIDERATION

No other business was discussed.

Councillors Allen, Eades and Wilson requested that their votes be recorded.

PC50.10APPEALS LODGED – AUGUST/SEPTEMBER 2010

The Report of the Head of Planning and Regeneration Services was noted.

PC51.10APPEAL DECISIONS RECEIVED – AUGUST/SEPTEMBER 2010

Members requested that in future, they be advised of the sums involved when costs had been awarded.

The Report of the Head of Planning and Regeneration Services was noted.

PC52.10ST JOSEPH’S ROMAN CATHOLIC COMBINED SCHOOL, SANCREED ROAD – OBJECTION TO TREE PRESERVATION ORDER 10/00016

Steve Chamberlain, Arboricultural Officer, presented a report advising Members that an objection had been received in respect of TPO 10/00016, St Joseph’s Roman Catholic Combined School. The objection related to the inclusion of a Beech tree, identified as T1, within Group 1. He added that the objection remained unresolved.

Reference was made to the Plan as appended to the Report and photographs of the tree taken from various viewpoints.

The Meeting noted that the TPO was made following a request from the Caretaker of St Joseph’s School arising from school trees that had been severely pruned where they were overhanging the boundary with 16 Newlyn Way.

The Arboricultural Officer stated that following a site visit, 4 Beech trees within Group 1 were identified as being healthy, in good condition and suitable for protection. The TPO 10/00016 was made effective on 4th May 2010.

The Meeting noted the responses to the objections made by Mr D Warnock of 16 Newlyn Way as detailed in the Report.

A Heckford, objector, expressed her views, including:

-Speaking on behalf of Mr Warnock, who was currently very ill.

-Original TPO on T1, made in November 2003, however, this was lifted in 2004 due to objections.

-T1 had not been excessively pruned, only cut back in accordance with guidelines.

-Permission in common law to prune overhanging branches.

-Tree did not provide public amenity.

-Beech trees were not in threat.

Ward Councillor Trent stated that in comparison to surrounding trees, T1 was overly large, seemed out of place and was not essential in order to retain a sylvan setting.

A Member stated that brutally cutting back trees was not a reason for lifting a TPO.

The Chairman stated that during the Chairman/Vice-Chairman site visit it was apparent that T1 was an odd shaped tree with an overhanging trunk and did not enhance the public amenity.

On a proposition by Councillor Trent and seconded by Councillor Wilson, it was resolved to amend the recommendation by modifying the Tree Preservation Order.

RESOLVED that Members confirm the TPO 10/00016, St Joseph’s Roman Catholic Combined School, Sancreed Road, with the following modification:

-Beech Tree notified as “T1” in the Report be omitted from the Order.

Voting:For – 7Against – 2 Abstentions – 0

Councillors Allen and Eades voted against the Resolution.

Councillor Wilson voted for the Resolution.

PC53.10 BADEN POWELL AND ST PETER’S CE MIDDLE SCHOOL, MILL LANE, REF: 10/00808/F

Due to a declared prejudicial interest, Councillor Eades withdrew from the meeting for this item.

James Gilfillan, Senior Planning Officer, presented a Report, aimed at resolving issues relating to the location of the proposed wind turbine.

Members were reminded that at the Planning Committee Meeting dated 19 August 2010, it was resolved to approve Application Ref: 09/00854/F but

delegated the final decision to the Head of Planning and Regeneration Services pending receipt of consultation responses from the Ministry of Defence.

It was noted that the consultation response was received with no objection.

The Senior Planning Officer stated, however, that prior to issuing the consent, it was brought to the attention of Officers that Members who attended the site visit were given misleading information about the location of the proposed wind turbine. Prior to the Committee Meeting on 19th August 2010, the Applicant had placed a stake in the ground in the proposed location, in order to give attending Members a point of reference. The stake was subsequently found to be approximately 7 metres out of position and had been placed closer to the school buildings than it should have been.

Members noted that the Plans and images displayed to the Planning Committee during the Officer’s Presentation and subsequent debate, and those published on the Borough of Poole Website, and the subject of all the representations from consultees and local representatives were an accurate representation of the proposed location.

RESOLVED that the Committee supports the recommendation of the Head of Planning and Regeneration Services to prove the application, subject to the conditions as set out in the Report attached as “Appendix 1”.

Voting:For – 5Against – 1 Abstentions – 2

Councillor Allen voted for the Resolution

Councillor Wilson abstained.

Councillor Eades returned to the Meeting.

PC54.109 CHRISTOPHER CRESCENT, POOLE, EXTENTION – APP/10/0091F/F

Doug Evans, Team Manager, reminded Members that at the Planning Committee Meeting held on 9th September 2010, the Application was deferred pending an Officer’s site visit to take measurements to clarify the distance between the proposed extension and the boundary and garage of neighbouring property, No.7 Christopher Crescent.

The Team Manager presented amended plans that clarified the extent of the footprint of the extension and its relationship to the boundary and garage of No.7 Christopher Crescent.

The Meeting noted that at the Planning Committee Meeting held on 9 September 2010, there was some ambiguity over the Plans and whether there would be a minimum 1 metre gap between the adjacent property’s garage (No.7) and the side wall of the new extension in order to retain pedestrian access to the rear garden of No.7 (allowing a wheelie bin to be continued to be stored in the rear garden).

The Case Officer, a Senior Planning Officer and Councillor Gillard, visited the site to take the appropriate measurements and determine the existing and proposed relationships between the new extension and No.7. Subsequently, amended plans were submitted that showed the relationship between No.7 and No.9 and demonstrated that the one metre gap would be retained. The new Plans reduced the width of the extension by 15 cm in order to retain the one metre gap.

RESOLVED that the Application be granted subject to the following conditions:

  1. GN150 (time expiry 3 years) standard))
  2. GN040 (match materials to suit existing building)

Voting:For – 8Against – 0 Abstentions – 1

Councillors Allen and Eades voted for the recommendation

Councillor Wilson abstained.

PC55.10PLANNING APPLICATIONS

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

CHAIRMAN

APPENDIX

SCHEDULE TO THE MINUTES OF THE PLANNING

COMMITTEE DATED – 21 OCTOBER 2010

PLANNING APPLICATIONS

TEM NO / 01
APPLICATION NO. / APP/10/00722/F
APPLICATION TYPE / Full
SITE ADDRESS / Lifeboat Quay, Holes Bay Road, Poole
PROPOSALS / Phase 1 development for 125 bed hotel, gymnasium, two restaurants, coffee shop, parking, access and landscaping. (as amended by drawings received on 29 September 2010.)
REGISTERED / 14 June, 2010
APPLICANT / Marsh Life Limited
AGENT / WYG Planning & Design
WARD / Poole Town
CASE OFFICER / David Mansell

The Application was brought before the Committee due to the history of the site and the significance of the proposal.

David Mansell, Senior Planning Officer, provided Members with a site description and referred to the site plan as appended to the Report and presented photographs of the site and the surrounding area.

Reference was made to the Addendum Sheet, and, in particular, the proposed additions to the Section 106 Agreement and amended condition No’s 13 and 14.

The Senior Planning Officer summarised the relevant planning history, pre-application advice and community consultation and representations. He stated that the proposal would reinforce local distinctiveness in accordance with Policy PCS23 of the Poole Core Strategy, Policies CA, BE2 and NE23 of the Poole Local Plan, the PBRI SPG and Streetscapes SPG.

The Presentation continued by summarising the planning judgement, with particular reference to architectural design and setting, layout and phasing, amenity, shoreline character and landscaping within the site.

The meeting noted that the proposal made provision of 86 car parking spaces, including 5 dedicated spaces for persons with disabilities. The location of the vehicular access off Lifeboat Quay was considered acceptable with a controlled access barrier to reduce the speed of vehicles within the car parking and surfacing areas, and the use of different surfacing materials and strip features would also give priority for pedestrian movement. The Presentation continued by referencing flood risk and contaminated land.

Details were given of the Infrastructure and Developer contributions as set out in the Report. Particular reference was made to the fact that contained within the Section 106 Agreement would be a condition that the owner should not include in any lease, tenancy, license, transfer, conveyance, deed or contract any provision of any kind that would prevent the future development of the undeveloped portion of the land.

Mr Berry, Agent for the Applicant, expressed his views, including:

  • Applicant had worked very closely with Officers
  • Long term leases provisionally agreed for tenants
  • 85% of development had been provisionally pre-let
  • If approved, applicant would go out to tender in early 2011, with a proposed 12 month build programme
  • Contemporary design using stain free render and tiles
  • Consulted with local artists re art work
  • Vibrant scheme on the edge of town
  • Proposals would provide approximately 95 jobs
  • Regeneration of gateway site

Councillor Bulteel, Ward Member, expressed his views, including;

  • Must be careful not to spoil the existing green open space
  • Development must be properly landscaped
  • Did not like advertising signs detailed in Architect’s drawings
  • Proposal provided a much needed hotel and employment
  • In general, welcomed the proposal
  • Careful consideration must be given to the opening hours of establishments

Ward Councillor Mrs Evans, endorsed the views of Councillor Bulteel.

In response to questions of fact from Members, the Senior Planning Officer informed the Meeting that public art would be sited either within landscaping/seating areas or in recessed areas, giving interest to the street level facade.

The Senior Planning Officer confirmed that condition No.11 ensured that the development would be carried out in accordance with the approved flood risk assessment. He added that a number of conditions ensured that appropriate landscaping would take place, and on advice from the Arboricultural Officers, the correct trees would be stipulated.

A Member made the following observations:

  • Concern that the terracotta tiles proposed in the Application would not be secure
  • Disappointed that the parking proposals only dealt with the current Application and did not look further ahead
  • Hotel – was it big enough?
  • Concern that the proposed opening hours were too restrictive, this should represent a 24 hours a day six days a week economy.
  • Developer should be careful re possible contamination of land

A number of Members expressed concern regarding pedestrian movement between the RailStation and the proposed site of the Hotel and that Officers would need to investigate ways of making the route safer.

Following comments from Members, the Senior Planning Officer informed the Meeting that adequate measures were in place to deal with bin collection.

In summing up, Mr Berry, Agent for the Applicant, stated:

  • Considerable community consultation had taken place
  • Open evenings for the public to discuss the proposals
  • Consultation had taken place over two days at the Dolphin Centre, with 653 Information Packs given out
  • Applicants had presented their ideas to the Town Centre and Bridge Advisory Group (TCBAG)
  • Overwhelming public support for the proposal.

RESOLVED that the Application be Granted subject to a Section 106 securing the following:

  • A capital contribution of £50,000 towards Public Art in accordance with Policy BE9 of the Poole Local Plan First Alteration Adopted 2004 (As amended by Secretary of State Direction September 2007) payable 28 days after commencement of development
  • A capital contribution of £10,000 towards Bird Monitoring in accordance with Policy PCS 23 of the Poole Core Strategy adopted 19 February 2009,payable prior to commencement of development.
  • The submission of a Travel Plan to encourage the use of sustainable modes of transport to and from the development and monitoring fee of £500 pa. or £2500 in accordance with Policies PCS 36 and 37 of the Poole Core Strategy adopted 19 February 2009,payable 28 days after commencement of development.
  • Within 28 days of commencement of development the applicant and Owner shall provide the Council with a specification for the landscaping and management of the Open Space (Phase 2 land) as privately maintained land and provide adequate specification for its landscaping to be approved by the Council in writing, such approval not to be unreasonably withheld. The Applicant and the Owner shall maintain the Phase 2 Open Space Land as privately maintained open space until such time as this land is developed.
  • The Owner shall not include in any lease, tenancy, license, transfer, conveyance, deed or contract any provision of any kind that will prohibit, prevent or in any way inhibit the future development of the

Phases 2 and 3 Development Land.

  • A Management Agreement for the Car park to ensure no long stay users between the hours of 08:00 – 18:00 except visitors or occupiers of the development.

Conditions

1. GN150 (Time Expiry 3 Years (Standard))
2. GN030 (Sample of Materials)
3. AA01 (Non standard Condition)
The access, turning space, car parking, and cycle parking shall be constructed, laid out and made available for use prior to the building hereby permitted first being occupied. They shall thereafter be retained and kept available for those purposes at all times or until such time as agreed 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 March 2004 (as amended by Secretary of State Direction September 2007).
4. AA01 (Non standard Condition)
Within a period of 3 months from the date of commencement of development a detailed scheme for the landscaping of the application site shall be submitted to, and approved in writing by, the Local Planning Authority. The landscaping scheme shall include provision for landscape planting, walls, boundary treatment 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 Poole Local Plan First Alteration Adopted March 2004 (as amended by Secretary of State Direction September 2007).
5. AA01 (Non standard Condition)
Within a period of 3 months from the date of commencement of development proposals for the hard landscaping of the site shall be submitted to, and approved in writing by, the Local Planning Authority. Those details shall include the treatment and materials of the vehicular and pedestrian accesses and circulation spaces within the application site (including ventilation grills); street furniture (including balustrades, barriers, bollards, kerbing, railings, walls and seating) and treatment of level changes. The approved details shall be completed and maintained in all respects in accordance with a programme that shall have been submitted to and approved by the Local Planning Authority.