BOROUGH OF POOLE

PLANNING COMMITTEE

22 NOVEMBER 2007

The Meeting commenced at 6:00pm and concluded at 11:30pm.

Present:

Councillor Mrs Stribley (Chairman)

Councillor Mrs Deas (Vice-Chairman)

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

Members of the public present: 40 approximately

P58.07APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor Wilkins.

P59.07MINUTES

RESOLVED that the Minutes of the Meeting of the Planning Committee held on 18 October 2007, be approved as a correct record and signed by the Chairman.

P60.07DECLARATIONS OF INTEREST

Councillor Mrs Deas declared a personal interest in Plans List Item 7, having received written representations and Plans List Item 11, being acquainted with the Applicant.

Councillor Allen declared a personal interest in Plans List Items 1, 3 and 11, being acquainted with the Applicants for No’s 1 and 11 and having received written representations for No.3.

Councillor Mrs Long declared a personal interest Plans List Items 3, 8 and 11, having received written representations on No. 3, having been lobbied, and received written representations for No.8 and being acquainted with the Applicant on No. 11.

Councillor Parker declared a personal interest in Plans List items 1, 2, 3, 7 and 11, being an acquaintance of the Applicant in Plans List 1, having received written representations on Plans List items 2, 3 and 7 and being acquainted with the Applicant on No. 11.

Councillor Mrs Stribley declared a personal interest in Plans List Items 1, 3, 7 and 11, having received written representations for No’s 1, 3 and 7 and being acquainted with the Applicant on Plans List Item 11.

Councillor Trent declared a personal interest in Plans List Items 1, 3 and 11, being acquainted with the Applicant for Plans List 1, having received written representations on Plans List Item 3 and being acquainted with the Applicant for Plans List Item 11.

Councillor White declared a personal interest in Plans List Items 3 and 7, having received written representations and Plans List items 9 and 10, having received written and verbal representations.

Councillor Wilson declared a personal interest in Plans List Items 4, 7 and 11, having been lobbied on Plans List Item 4, having received written representations on Plans List Item 7 and being acquainted with the Applicant on Plans List Item 11.

P61.07MERLEY COURT TOURING PARK, MERLEY: PROPOSED SECTION 106 AGREEMENT

The Committee considered the Report of the Head of Planning Design and Control Services which set out the planning history of the site, commencing with an approval to vary Condition 2 of Planning Permission 6861/3 (granted on 4 September 1986) to allow the use of the park between 7 February and 7 January subject to an extant Legal Agreement dated 19 October 1982 being amended to remove the following clauses:

  • “to make available during the winter period to approved Members of the local community and subject to reasonable charges to use the tennis courts and other recreation facilities;
  • that prior to the commencement of development an area of land is laid out as a picnic area and subject to (a) not less than ten picnic tables with accompanying benches; laying out of hardstanding sufficient for 12 parking spaces; and (c) the erection of a sign at the entrance to the picnic area and such other signs as may be necessary on the approach road to the land which indicate that the picnic area and car parking spaces are freely available to the public;
  • to allow members of the public full and free access to the picnic area for their exclusive use for the purposes of picnics at no charge during the period from 1st April to 31st October; and
  • to allow the car parking spaces only to be used in connection with the picnic area”.

In September 1986 planning permission was granted (planning application ref: 5/86/6681/30) to allow the site to be open from 1 March to 7 January subject to condition 2 which stated ‘….all site facilities, including club rooms, except the one toilet block shown on the submitted plans to be closed’. The plans indicated 20 units/pitches to be occupied during this extended time, on the south east part of the site.

In 1981 permission was sought for use as a touring and transit caravan site (Ref 5/80/6861/15) and the Applicant agreed to enter into a Section 52 Agreement under the Town and Country Planning Act 1971. The Agreement dated October 1982 required:-

(vii) “to make available during the winter months the tennis courts for use by members of the community subject to a reasonable charge; (viii) to use an area of land to the Merley Park Road frontage as a picnic area and include (a) at least 10 picnic tables and accompanying benches, (b) laying out of hard standing for at least twelve cars, (c) erection of a sign at the entrance to the picnic area and any other signs as necessary to indicate that the picnic area and car parking spaces are freely available to the public; (ix) to allow members of the public full and free access to the picnic area and at no charge, and (x) not to allow any person to use a parking space other than parking in connection with using the picnic area for a picnic”. Following the signing of that Agreement a decision notice was issued.

From a recent site visit it was clear that the tennis courts were not available for use by members of the public; there was no picnic area or car parking area or associated parking for visiting members of the public using the picnic area; and thus no signage advertising the picnic area. Whilst the owners of the site were currently in breach of the Section 52 Agreement there was no reasoned justification for the provision of a picnic area in this location, nor necessity for the use of the tennis courts by members of the public.

To absolve the owner of the subject site of any responsibilities under the terms of the Section 52 Agreement it was now necessary for the owner and the Council to enter into an Agreement under Section 106 of the Town and Country Planning Act 1990 to confirm that the earlier Agreement would not be enforced against the owner or any successor in title or any other person with an interest in the land. By completing this Agreement the owner would then be able to carry out the development which had a recommendation to grant planning permission.

Arising from questions by Members it was (a) noted that the picnic site did not exist; and (b) considered that Leisure Services and Tourism should be consulted as to the demand for a picnic area and tennis court.

It was proposed, seconded and

RESOLVED that the matter be deferred to enable the Head of Planning Design and Control Services to consult Leisure Services and Tourism to establish whether or not there was any demand for a picnic area and tennis court in this location.

P62.07PLANNING APPLICATIONS

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

P63.07MATTERS FOR INFORMATION

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

(i)Appeals Lodged.

(ii)Appeal Decisions.

CHAIRMAN

SCHEDULE 1

SCHEDULE TO THE MINUTES OF THE MEETING OF THE PLANNING COMMITTEE - 22 NOVEMBER 2007

PLANNING APPLICATIONS

Item No:1

Case Officer:Mr K Chilvers

Site:Land at 140 Canford Cliffs Road, Poole, BH13 7ER

Application No:07/02928/017/F

Date Received:17th August 2007

Agent:Sibbett Gregory 3 Winchester Place North Street Poole BH15 1NX

Applicant:Blue2 Properties

Development:Demolish house and erect a block of 8 flats with underground garages and secure cycle store.

Ward:F 060 Canford Cliffs

Mr Collins, objecting to the Application, expressed views, including:-

  • Canford Cliffs Road had been divided into two parts with flats clearly established in the southern part of the road;
  • Flats would set a precedent in this location, be out of character with the area and have a detrimental impact on the street scene.

Mr Brown, Applicant, expressed views, including:-

  • Reference to the Inspector’s reasons for dismissing the previous Application and how these had now been addressed with the current Application;
  • The proposed building looked two storey and had been designed to overcome the Inspector’s concerns;
  • The site was large enough to accommodate the proposed building and the design respected the area;
  • Whilst noting the concerns about the spread of flats to the north of the road, planning permission had been approved for flats in nearby Haig Avenue.

Councillor Mrs Deas, Ward Councillor, read out a statement on behalf of Ward Councillor Mrs Haines expressing views, including:-

  • A precedent would be set for flats accessed from Canford Cliffs Road.
  • The building would result in a significant spread at three storey level across the site with a substantially greater perceived mass.
  • Eucalyptus Tree T11, if removed, would make the proposal more visible from the street scene.
  • The proposal was contrary to Policy BE1 of the Poole Local Plan.
  • If permission was granted it was requested that

-a condition be imposed to safeguard the retention of the Eucalyptus Tree T11;

-an extensive landscaping scheme to the frontage be implemented to maintain the sylvan outlook of the site.

Councillor Mrs Deas, Ward Councillor, expressed views, including:-

  • The Application had met only some of the Inspector’s concerns;
  • Concern that flats in this location would set a precedent for similar flat development in the area and spoil the unique character of the road and surrounding area.

Members expressed concern about the Application, including:-

  • Appropriateness of flats and the threat to the character of the road area;
  • Design almost wall to wall across the width of the site but had gone some way to overcome the previous objections.
  • Loss of Tree T11 and the need for tree planting together with a landscaping scheme at the rear of the site.
  • Provision of car parking spaces of a suitable width to accommodate parking for disabled.

The Head of Planning Design and Control Services drew attention to Policy H13 of the Poole Local Plan which indicated that development of this type would be appropriate if it was of good design. With regard to trees and landscaping, the Presenting Officer referred to the difference between public amenity trees and private amenity trees and that TR11 (falling into the latter category) could not be seen from the road. A condition could be imposed for replacement planting of 5 trees, screening and a rear landscaping scheme.

Regarding the impact on the character of the road, the Planning Officer indicated that the development would not be significantly visible from the street.

After discussion, it was –

RESOLVED that planning permission be approved subject to (a) a Section 106 Agreement (Town & Country Planning Act 1990) to secure:

  1. A financial contribution of £9,388 (plus administration fee) towards the provision of recreational facilities in accordance with Policy L17 of the Poole Local Plan First Alteration Adopted 2004 (as amended by Secretary of State Direction September 2007).
  1. A financial contribution of £7,000 (plus administration fee) towards promoting modes of transport other than the car in accordance with Policy T13 of the Poole Local Plan First Alteration Adopted 2004 (as amended by Secretary of State Direction September 2007).
  1. A financial contribution of £6,011 (plus administration fee) towards the Heathland Management and Conservation in accordance with the Dorset Heathlands Interim Planning Framework 2006-2009 and Policies NE15, NE16 and NE17 of the Poole Local Plan First Alteration Adopted 2004 (as amended by Secretary of State Direction September 2007).

and (b) the following condition(s):-

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

The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission.

Reason -

This condition is required to be imposed by the provisions of Section 91 of the Town and Country Planning Act 1990 and amended by Section 51(1) of the Planning and Compulsory Purchase Act 2004.

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 buildings is satisfactory and in accordance with Policy H13 of the Poole Local Plan First Alteration Adopted March 2004 (as amended by Secretary of State Direction September 2007).

3 - HW100 (Parking/Turning Provision )

The development hereby permitted shall not be brought into use until the access, turning space, and vehicle 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 T13 of the Poole Local Plan First Alteration Adopted March 2004 (as amended by Secretary of State Direction September 2007).

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 T13 of the Poole Local Plan First Alteration Adopted March 2004 (as amended by Secretary of State Direction September 2007).

5 - 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 and replants, 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 Poole Local Plan First Alteration Adopted March 2004 (as amended by Secretary of State Direction September 2007).

6 - TR030 (Implementation of Details of Arboricultural Method Statement )

All works relating to the demolition/development with implications for trees shall be carried out as specified in the approved arboricultural and construction method statements, and shall be supervised by an arboricultural consultant holding a nationally recognised arboricultural qualification.

Reason -

To prevent trees on site from being damaged during construction works and in accordance with Policy NE28 of the Poole Local Plan First Alteration Adopted March 2004 (as amended by Secretary of State Direction September 2007).

7 - TR040 (Arboricultural Supervision )

Prior to the commencement of demolition/development, details of the arboriculturally sensitive operations requiring arboricultural supervision shall be submitted to, and approved in writing by, the Local Planning Authority. A pre-commencement site meeting shall be held and attended by the developers arboricultural consultant, the designated site foreman and a representative from the Local Authority to discuss details of the working procedures. Subsequently and until the completion of all site works, site visits should be carried out on a fortnightly basis by the developers arboricultural consultant. Copies of written site notes and/or reports detailing the results of site supervision and any necessary remedial works undertaken or required shall be submitted to and approved in writing by the Local Planning Authority. Any approved remedial works shall subsequently be carried out under strict supervision by the arboricultural consultant immediately following that approval.

Reason -

In order that the Local Planning Authority may be satisfied that the trees to be retained on-site will not be damaged during the construction works and to ensure that as far as possible the work is carried out in accordance with current best practice and in accordance with Policy NE28 of the Poole Local Plan First Alteration Adopted March 2004 (as amended by Secretary of State Direction September 2007).

8 - TR080 (Replanting of a Specified Number of Trees )

5 trees, of a size and species and in a location to be agreed in writing with the Local Planning Authority, shall be planted in accordance with BS3936 (Parts 1 and 4), BS4043 and BS4428 in the earliest planting season following implementation of this permission. The tree(s) shall be thereafter maintained for a period of five years including the replacement of any tree(s), or any tree(s) planted in replacement for it, which die, are removed or become damaged or diseased within this period with tree(s) of a similar size and of the same species, unless the Local Planning Authority gives written consent to any variation. The Local Planning Authority shall be notified in writing when the tree(s) have been planted so that compliance with the condition can be confirmed.

Reason -

In order to preserve the visual amenities which at present exist on the site and to ensure that as far as possible the work is carried to current best practice and in accordance with Policy NE28 of the Poole Local Plan First Alteration Adopted March 2004 (as amended by Secretary of State Direction September 2007).