AGENDA ITEM 2
BOROUGH OF POOLE
PLANNING COMMITTEE
THURSDAY 23 SEPTEMBER 2004
The meeting commenced at 9.30am and concluded at 2.55pm.
Members present:
Councillor Smith (Chairman)
Councillors Allen, Belcham, Mrs Deas, Eades, Leverett (substituting for Councillor Mrs Stribley), Parker, Rampton (substituting for Councillor Gillard), Parker, Trent, White (substituting for Councillor Mrs Hillman) and Wilson.
Also in attendance:
Councillors Brooke, Gregory and Meachin.
Members of the public present at the meeting: 40 approximately.
1. MINUTES
The minutes of the meeting held on 26 August, 2004 were confirmed as a true record and signed by the Chairman.
2. DECLARATIONS OF INTEREST
Councillors Allen, Belcham and Eades declared a personal interest in Agenda item 7 as they had received written representations.
Councillor Mrs Deas declared a personal interest in Agenda item 7 as she had received written and verbal representations.
Councillor White declared a personal interest in item 2 as he had received written representations.
Councillor Rampton declared a personal interest in items 5, 6 and 7 as he had received written representations.
Councillor Leverett declared a personal interest in item 5 as he is known to the applicant and in item 3 as he had received verbal and written representations. Agenda item 7 having received verbal representations.
Councillor Parker declared a personal interest in items 2 and 5 as he had received verbal and written representations. Agenda item 7 having received verbal and written representations.
Councillor Trent declared a personal interest in item 3 as he had received verbal representations.
Councillor Wilson declared a personal interest in Agenda item 7 as he had received written representations.
Councillor Smith declared a personal interest in items 2, 3, 4, 6, 7, 8, 9 and 10 as he had received written representations and been lobbied. Agenda item 7 as the applicant was known to him.
3. PLANNING APPLICATIONS
The Committee considered the applications set out in the Schedule 1 of these minutes and dealt with them as indicated therein.
4. DELEGATION REVIEW – NOMINATION OF MEMBERS
The Committee considered the report of the Head of Planning Design and Control Services seeking nominations to serve on the Delegation Review Working Party to review delegated planning control decisions.
AGREED that the membership of the Delegation Review Working Party comprise 3 Conservative Members and 2 Liberal Democrat Members and that the names of the nominated Members to be sent to the Head of Democratic Services before 31st October 2004 to enable a meeting of the Working Party to be arranged.
5. ENFORCEMENT ISSUES AT 31 WESTERN AVENUE, CANFORD CLIFFS
The Chairman vacated the chair for this item and left the room. Councillor Leverett was appointed Chairman for consideration of the item.
Further to M.5 from the meeting held on 26 August, the Committee considered the report of the Head of Planning Design and Control Services on the Arboricultural Assessment undertaken on protected trees at 31 Western Avenue and other issues raised by Members at the last meeting.
The Head of Planning Design and Control Services drew the Committee’s attention to the Arboricultural Assessment contained in the report which concluded that “there are no tree health grounds to remove the fill around T1 and T2 and therefore further enforcement action would serve no purpose”.
The Head of Legal Services reported that he had not visited the site but from all the information he had received, including the Arboricultural Assessment, the planning objectives had been met and it was now a private matter between the two landowners.
One of the Ward Councillors stated that she still felt that the report was misleading. In her opinion the terms of the Enforcement Notice relating to the ground levels of trees T1 and T2 had not been complied with.
Members considered that in view of the advice from the Officers the enforcement issues had been resolved. A report on the state of the site and the condition of the trees should be compiled and brought to Committee in 6 months.
AGREED that
(i) the report be noted; and
(ii) officers review the state of the site and the condition of the trees and a report be considered by the Committee at its meeting on 24th March 2005.
6. MATTERS FOR INFORMATION
The Committee noted the following reports by the Head of Planning Design and Control Services:
(i) Appeals Lodged
(ii) Confirmation of Tree Preservation Orders
(iii) 6 Nairn Road, Poole – Stop/Enforcement Notice (Supplementary Agenda item)
CHAIRMAN
SCHEDULE I
BOROUGH OF POOLE
PLANNING APPLICATIONS
23RD SEPTEMBER 2004
Item No: 1
Case Officer: Ms L Cooper
Site: 128 Panorama Road, Sandbanks, Poole, Dorset, BH13 7RG
Application No: 04/36397/002/F
Applicant: Mrs L H Newman, Mrs M G Thomas & Mr A S Mitchell
Development: Extensions at the front and rear. (Revised Scheme). (Amended plans received 6.9.04).
Ward: F 060 Canford Cliffs
The Case Officer reported that, following the submission of amended plans, the neighbours had withdrawn their objection. Therefore, the planned site visit prior to the meeting had been cancelled. She also recommended that a condition be added to the permission regarding the construction of a boundary wall.
AGREED
GRANTED subject to the following conditions
1 GN010 (Detailed Permission - Time Expiry 5 Years (Standard) )
2 GN040 (Match Materials to the Existing Building )
3 Non Standard (Arboricultural Method Statement - Submission Required)
4 Non Standard (Arboricultural Supervision )
5 Boundary screen wall to be constructed prior to occupation of the extension
Informative Note
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 affected adversely - Policy H12
(c) No protected trees will be affected - Policy NE28
______
Item No: 2
Case Officer: Mr D Evans
Site: Land East and West of Seldown Bridge, (Pitwines Site), Poole, Dorset, BH15 1TJ
Application No: 04/34791/007/F
Applicant: Crest Nicholson Residential (South) Ltd
Development: Erection of 512 residential units (amendment to previous Planning Permission 04/34791/005/F granted on 11.05.04 for 504 residential units).
Ward: C 030 Poole Town
The Case Officer explained that the applicant was applying for eight additional flats to the previously approved scheme of 504 residential units. Mr J Harris and Mr R Pearson, explained why they had submitted the revised application having received approval for 504 units. They stated that the application was to partially replace units lost when the Committee refused the application for 522 units. They further explained the additional units had been carefully and sensitively selected in discreet locations and was the maximum that could be added to the approved scheme.
Mr D Howard, representing the Parkstone Bay Association spoke against the application, in particular Block J because of the impact it would have on the existing residents in Baiter Park. Overall his Association regarded the scheme as having an overwhelming effect on the area.
Councillor Bulteel, Ward Councillor, was concerned that the high density development would set a precedent for future applications in the regeneration area.
Councillor Gregory spoke as a Town Centre resident, and enquired about where the 106 contributions for leisure would be spent as he was concerned that there could be anti-social behaviour arising from large scale development and that Planning Obligation money needed to be directed locally on youth service etc.
Members sought assurance from the applicant that they would not submit any further applications on the site if permission was granted for the 512 units and that the appeal outstanding for 522 units would be withdrawn.
The Case Officer confirmed that the applicants had given a written undertaking that they would withdraw their appeal against the refusal of the 522 units if permission was granted.
AGREED
GRANTED subject to a Section 106 Legal Agreement for:
1. Contributions of £162,000 (plus administration fee) towards the following highway infrastructure improvements and transportation measures in accordance with Policy T2, T3 and T13 of the Poole Local Plan First Alteration (approved March 2004):
i. Improvements to Kingland Road/Mount Pleasant Road and to the George roundabout (£80,000)
ii. one way scheme on Labrador Drive and Catalina Drive (£25,000)
iii. off site cycleway links (£15,000)
iv. safer routes to school schemes (£10,000)
v. bus stop facilities (£20,000)
vi. installation of automated traffic counters (£12,000)
2. Conditional contributions of £30,000 (plus administration fee) towards the following highway infrastructure improvements and transportation measures in accordance with Policy T13 of the Poole Local Plan First Alteration (approved March 2004):
i. improvements to the Mount Pleasant roundabout (£20,000)
ii. alterations to parking management measures in the Baiter Park area (£10,000)
3. Securing the provision of the following highway maintenance provisions and infrastructure works, prior to the occupation of the first dwelling in the case of (i) and (ii):
i. improvements to the roundabout junction at Seldown Bridge (north).
ii. widening Newfoundland Drive adjacent to Pitwines East
iii. provide the Seldown Bridge Toucan Crossing and associated ramps
iv. reinstate redundant footway and verge crossings
v. maintenance provisions for additional structural landscaping on Seldown Bridge
vi. provide 3m. wide easement from Pitwines Close to the abutment of Seldown Bridge to allow access for maintenance purposes.
4. Securing the submission, implementation and monitoring of a Residential Travel Plan incorporating a package of measures which will include:
i. Subsidising an enhanced town centre bus service for up to 5 years (£200,000).
ii. Car club comprising of up to 5 vehicles
iii. Package of information and incentives for new residents
iv. Active management of shared car and shared cycle parking areas
5. The provision of 186 affordable homes as in accordance with the provisions of Policy H5 of the Poole Local Plan First Alteration (Adopted March 2004).
6. A recreational contribution of £516,686 (plus administration fee) required by Policy L17 of the Poole Local Plan First Alteration (Adopted March 2004) and as set out in the SPG ‘Planning Obligations: Recreational Facilities’.
7. A contribution of £344,685 (plus administration fee) towards improved education facilities in accordance with Policy CF6 of the Poole Local Plan First Alteration (Adopted March 2004).
Note: If the Section 106 Legal Agreement is not completed within 6 months then the application may be refused without further reference to Committee.
Subject to the following condition(s)
1 GN010 (Detailed Permission - Time Expiry 5 Years (Standard) )
2 Prior to the commencement of development a schedule and programme for the phasing of the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority. Development shall proceed in accordance with that approved programme unless otherwise first agreed in writing by the Local Planning Authority.
3 Prior to the commencement of development within an agreed phase of the development hereby approved the following details shall be submitted to and approved in writing by the Local Planning Authority in respect of that phase:
i. existing levels;
ii. the finished floor levels of all new buildings within that phase of the development;
iii. the finished levels of all open spaces and car parking areas within that phase of the development;
iv. the finished levels of all access roads that will serve that phase of the development .
All levels submitted for approval shall be related to ordnance datum and also to a fixed point within or adjacent to the site. The finished floor levels of all new buildings and the safe access route to and from them shall not in any case be below 2.8m AOD. The scheme shall be completed wholly in accordance with the approved details.
4 Prior to the commencement of development within an agreed phase of the development hereby approved, details and samples of all external facing and roofing materials to be used within that phase shall be submitted to, and approved in writing by, the Local Planning The development shall thereafter be carried out in accordance with the approved details.
5 No dwelling shall be occupied until proper pedestrian and vehicular access to it has been constructed and made available in accordance with the approved plan.
6 No plant, machinery or vehicle that is audible at any boundary of the site shall be operated at the site other than between 0800 hrs and 1800 hrs. on Mondays to Fridays inclusive, and between 0800 hrs. and 1300 hrs on Saturdays, unless otherwise first agreed in writing by the Local Planning Authority. In the case of machinery operated in association with any piling operations, this shall be operated only between 0830hrs and 1800 hrs Monday to Friday unless otherwise first agreed in writing by the Local Planning Authority. No machinery shall be operated at any time on Sundays or recognised Public Holidays, nor shall any Heavy Goods Vehicles enter or leave the site other than during the permitted hours.
7 No phase of the development hereby approved shall be commenced prior to the submission to and approval by the Local Planning Authority of a Remediation Validation Report for that phase. This report shall be in accordance with the provisions of the approved document 'Site Preparation and Remediation Works, Pitwines, Poole' ( Fourth Issue - December 2003 as amended by document EN3622/R6.1.3/RS approved 30th July 2004 ) or with any further addendums to that document as might be agreed in writing by the Local Planning Authority.
8 Prior to the commencement of development within an agreed phase of the development hereby approved a 'Foundation Works Risk Assessment' for that phase shall be submitted to and approved in writing by the Local Planning Authority. That assessment shall identify the process of the assessment, including the pollution scenarios that may occur using these techniques; the potential mitigation measures that would be appropriate; particular issues and uncertainties associated with the chosen method; and monitoring proposals.
9 Prior to the commencement of development within an agreed phase of the development hereby approved, details of the secure cycle parking facilities to be provided within that phase for both residents and visitors shall be submitted to, and approved in writing by, the Local Planning Authority. Those details shall include the design, materials, siting and a programme for their provision. Those proposals shall be provided wholly in accordance with the agreed details and thereafter retained.