BOROUGH OF POOLE

PLANNING COMMITTEE

25 SEPTEMBER 2008

The Meeting commenced at 6pm and concluded at 11:27pm.

Present;

Councillor Mrs Stribley (Chairman)

Councillor Mrs Walton (Vice-Chairman)

Councillors Allen, Mrs Butt, Leverett (substituting for Councillor Wilkins), Mrs Long, White and Wilson.

Members of the public present: 35 approximately

PC41.08APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor Wilkins.

PC42.08MINUTES

RESOLVED that the Minutes of the Meeting of the Planning Committee held on 28 August 2008 be approved as a correct record and signed by the Chairman.

PC43.08DECLARATIONS OF INTEREST

All Councillors declared a personal interest in Plans List Items 15, because a Councillor lived close to the Application site and to 16, because the Applicant was the husband of a Councillor*.

Councillor Allen declared a personal interest in Plans List items 11, 12 and 14, having received written representations, 15 and 16*.

Councillor Mrs Butt declared a personal interest in Plans List items 11, 13 and 14, having received written representations, 15 and 16*.

Councillor Leverett declared a personal interest in Plans List items 15 and 16* together with a prejudicial interest as Leader of the Council in Plans List item 1 and indicated that he would withdraw from the Meeting during discussion and voting on this matter.

Councillor Mrs Long declared a personal interest in Plans List items 3, 13 and 14, having received written representations, 15 and 16*.

Councillor Mrs Stribley declared a personal interest in Plans List items 2, 3, 4, 5, 8, 9, 10, 11, 12, 13 and 14, having received written/verbal representations, 15 and 16*.

Councillor Mrs Walton declared a personal interest in Plans List items 11, 12, 13 and 14, having received written representations, 15 and 16*.

Councillor White declared a personal interest in Plans List item 1 and indicated he would take no part in the discussion or voting on this matter. He further declared a personal interest in Plans List items 8, 11, 13 and 14, having received written/verbal representations, 15 and 16*.

Councillor Wilson declared a personal interest in Plans List items 11, 13 and 14, having received written representations/lobbied and 15 and 16*.

PC44.08146 CANFORD CLIFFS ROAD – OBJECTION TO TREE PRESERVATION ORDER 27/2008

The Committee was advised that Tree Preservation Order 27/2008 had been made on 22 April 2008 following a review of the existing Area Tree Preservation Order to cover four groups of trees situated within the boundary of 146 Canford Cliffs Road.

An objection, by Mr J K Mundy, owner of the property, had been made to the inclusion of (a) the Silver Birch in Group 4 on the grounds of its condition (the fruiting brackets of Polyporus betulinus) and (b) the Scots Pine closest to the house, due to its asymmetrical form and previous branch removal (Group 1).

Following inspection, it had been concluded that the Silver Birch in Group 4 appeared to be a healthy specimen. There was no current evidence of Polyporus betulinus and it was considered that the tree was suitable for protection. The Scots Pine in Group 1, whilst not symmetrical in form, was a healthy specimen that contributed to the amenity provided by the Group of trees at the front of the property.

RESOLVED that Tree Preservation Order No. 27/2008 be confirmed without modification.

PC45.08PLANNING APPLICATIONS

The Committee considered the Planning Applications set out in Schedule 1 of the Minutes and dealt with them as indicated therein.

PC46.08MATTERS FOR INFORMATION

(i) Appeals Lodged; and

(ii) Appeal Decisions.

CHAIRMAN

SCHEDULE 1

SCHEDULE TO THE MINUTES OF THE MEETING OF THE PLANNING COMMITTEE – 25 SEPTEMBER 2008

PLANNING APPLICATIONS

Item No:1

Case Officer:Mr D Howells

Site:Hamworthy Library, Blandford Road, Poole, Dorset, BH15 4BG

Application No:08/14884/003/W

Date Received:20th August 2008

Agent:Charter Consultant Architects 2 St Stephens Court 15 - 17 St Stephens Road Bournemouth Dorset BH2 6LA

Applicant:Borough Of Poole

Development:Demolish existing library and youth centre and erect a new library building with associated offices and childrens centre. Carry out external landscaping.

Ward:B 020 Hamworthy East

It was noted that amended plans received on 22 September 2008 showed a revised south east elevation that removed the green parapet arrangement and exposed the lower level flat roof. Fire escapes and additional landscape detailing had also been included.

An additional representation had been received from the Old Rectory Mews Residents’ Association expressing concern about the impact of the building on the street scene, colour finishes, site security and on-site accommodation for delivery vehicles.

Transportation Services now supported the Application because an additional condition to secure off-site parking and provision of cycle storage had been included.

Mrs Tapper, local resident and objector, expressed views, including:-

  • The amended plans did not reduce the impact and overpowering effect the building would have on her property.
  • The footprint was closer to her house and the proposed building would have greater mass and a larger roof.
  • There would be a 2.5 metre wall at the end of her property and the height and colour would overpower her garden with a loss of sunlight from 3pm.
  • The height of the Library would dominate the surrounding houses. The building should be lowered.
  • A site visit was requested to enable Members to see how close the building would be to her house and what an impact it would have.

Ward Councillor Gregory expressed views, including:-

  • The Library was wanted.
  • Whilst nor architecturally to everyone’s taste, the new building could fit in without conflict between the old and the new.
  • There had been public exhibitions seeking residents’ comments.

Arising from a question by a Member requesting the imposition of a condition because of the closeness of the proposed building with the Roman Road, the Planning Officer indicated that a planning condition would be added to cover archaeological observation.

The Chairman, in acknowledging the objectors’ concerns about loss of sunlight, indicated that there could possibly be slight shading to the corner of the garden in the late afternoon.

A Member considered that the proposal maximised use of the land at the expense of residents and asked why a tree was being lost. He felt that the building should be parallel to the front of the site and if the building could be moved it would not be so close to the objector and the tree would be saved. A dog-leg building would be more appropriate.

The Planning Officer indicated there was no opportunity to redesign the building and that 12 metres between two buildings was perfectly acceptable.

It was proposed by Councillor Wilson and seconded by Councillor Mrs Long that the Application be deferred for discussion with the Applicant to modify the position of the building.

With voting 3 For and 3 Against, the Chairman used her casting vote against deferring the Application and the proposal was lost by 4 votes to 3.

Members requested an informative note to the Applicant regarding provision of clear direction signage to direct visitors to off-site parking.

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

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

2 - GN020 (Screen Fencing/Walling - Submission of Details Required )

3 - GN030 (Sample of Materials - Submission of Details Required )

4 - GN120 (Storage of Refuse - Submission of Details Required )

5 - HW100 (Parking/Turning Provision )

6 - HW110 (Cycle Provision )

Notwithstanding the illustrative CGI, 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 T2 of the Poole Local Plan First Alteration Adopted March 2004 (as amended by Secretary of State Direction September 2007).

7 - LS020 (Landscaping Scheme to be Submitted )

8 - RC060 (Limitation on Use )

Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 and the Town and Country Planning (General Permitted Development) Order 1995 or any subsequent re-enactments thereof, the development hereby approved shall be used for a community centre and library purposes only and for no other use purposes, whatsoever, including any other purpose in Class D1 of the Town and Country Planning (Use Classes) Order 1987 or any subsequent re-enactment, without formal planning permission first being obtained.

Reason -

In order to maintain a community use for the building and in accordance with Policy CF5 of the Poole Local Plan First Alteration Adopted March 2004 (as amended by Secretary of State Direction September 2007).

9 – Prior to the commencement of development 10 off-site car parking spaces shall be secured for use in association with the development hereby permitted, in accordance with details that shall have first been first submitted to and approved in writing by the Local Planning Authority. The building hereby approved shall not thereafter be brought into use until those approved spaces have been made available and they shall thereafter be kept available for that purpose at all times unless otherwise agreed in writing by the Local Planning Authority.

Reason –

In the interests of highway safety and in accordance with Policies T11 and T13 of the Poole Local Plan First alteration Adopted March 2004 (as amended by Secretary of State Direction September 20 2007).

10 – AR030 – (Archaeological Observation)

11 - The applicant shall make arrangements for access for archaeological observation and recording by an approved contractor to take place during any period of demolition and development. Details of those arrangements shall be submitted to, and approved in writing by, the Local Planning Authority before any work commences on the development site and such arrangements shall be put and maintained in place throughout the course of the development.

Reason -
The area is of archaeological potential and it is important that any archaeological features and finds are properly recorded and in accordance with the Poole Local Plan First Alteration Adopted 2004 (as amended by Secretary of State Direction September 2007).

Informative Note

The Applicant is advised that appropriately sited and clear direction signage must be displayed to direct visitors to off site car parking provision. Failure to provide adequate signage could result in traffic congestion and increased highway danger to all road users.

Voting:3 Grant2 Refuse1 Abstention

______

Item No:2

Case Officer:Mr J Gilfillan

Site:10 Mount Road, Poole, Dorset,

Application No:08/18725/006/F

Date Received:11th July 2008

Agent:Lionel Gregory Ltd Unit J1 The Fulcrum Business Park Vantage Way Mannings Heath Poole Dorset BH12 4NU

Applicant:Fitzmor Homes Ltd

Development:Construct a block of 4 self contained flats with associated parking and bin storage (revised scheme).

Ward:D 040 Parkstone

Miss Wade, Objector, expressed views, including:-

  • The Applicant had an adjoining site with a five storey high block of fourteen flats. Residents objected to a shared access to the site.
  • The Transportation report did not consider the total number of vehicles that would be on site. There would be insufficient car parking.
  • Concern about the height and design of the proposed development.
  • The footprint was larger than previously approved extending to the east elevation across existing flats, which would be intrusive resulting in loss of light.
  • Overdevelopment of the site, which would result in larger flats, more residents and transportation issues.
  • Because of the constraints on the site there could be no double access.

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

  • Planning permission had already been approved for 4 flats. This proposal incorporated use of the roofspace to maximise the size of the flats.
  • The development of 14 flats at the site of Mount House had ceased because of the economic situation.
  • Parking and storage issues had been resolved.
  • The bulk of the roof had been reduced.
  • The proposal was 2.5m larger than the original footprint.
  • The development would not impact on the residents of Purbeck Heights because the land level was 600m below the level of that development.
  • The Application should be approved.

In reply to a question by a Member as to whether the Application met the transportation needs of its occupiers, the Transportation Officer indicated that, working within the framework, 4 flats would generate 20 vehicle movements over a 24 hour period and therefore he would not be able to prove demonstrable harm.

RESOLVED that planning permission be granted subject to (a) a Section 106 Agreement to secure:-

  1. A financial contribution of £3,564 (+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 2008).
  1. A financial contribution of £3,138 (+admin fee) towards transport infrastructure in accordance with Policy T13 of the Poole Local Plan First Alteration Adopted 2004 (As amended by Secretary of State direction Sept 2008) and the Developer Contributions Towards Transport Infrastructure Interim Planning Framework 2007
  1. A financial contribution of £2,311 (+admin fee) towards mitigating the harm to SSSI Dorset Heathlands in accordance with the 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 2007); and

(b) the following condition(s)

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

2 - GN030 (Sample of Materials - Submission of Details Required )

3 - Non Standard (Non Standard Condition )

Prior to occupation the bin store indicated on the approved drawings shall be constructed and available for use to the satisfaction of the bin collection authority, unless with prior written approval to any variation.

Reason:

In order to make sure sufficient bin storage facilities are provided, in the interests of highway safety and the appearance of the site, in accordance with Policies BE1 and T13 of the Poole Local Plan First Alteration Adopted 2004 (As amended by Secretary of State direction Sept 2007).

4 - HW100 (Parking/Turning Provision )

5 - Non Standard (Non Standard Condition )

Prior to the commencement of work details and locations of protective fencing shall be subnmitted to and agreed with the arboricultural officer, unless otherwise with the prior written consent of the Local Planning Authority to any variation.

Such fencing shall be erected before any equipment, machinery or materials are brought on to the site and before any ground clearance, demolition or construction work, including the erection of site huts, is commenced. Such fencing shall not be removed or breached during construction operations without prior written approval by the Local Planning Authority, but shall remain in place for the entire development phase and until all equipment, machinery and surplus materials have been removed from the site.

Within the areas so fenced, the existing ground levels shall not be altered and there shall be no development or development-related activity of any description, including trenches or pipe runs for services or drains, the deposit of spoil or the storage of materials.

The Local Planning Authority shall be advised in writing when the protective fencing has been erected so that it can be checked on site before development commences.

No fires shall be lit within 15 metres of the furthest extent of the canopy of any tree or group of trees to be retained on the site or adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land.

Reason -

To prevent trees that are to be retained on-site from being damaged during the construction works and in accordance with Policy NE28 of the Poole Local Plan First Alteration Adopted 2004 (As amended by Secretary of State direction Sept 2007).

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

7 - TR090 (No Pruning Works )

8 - TR100 (No-Dig Specification Driveway )

Voting:6 Grant0 Refused2 Abstentions

Item No:3

Case Officer:Mrs E Godesar

Site:Norfolk Cottage, Magna Road, Poole, Dorset, BH21 3AP

Application No:08/07429/009/C

Date Received:23rd July 2008

Agent:Mr R J Griffin 6 Howard Road Bournemouth Dorset BH8 9DX

Applicant:Mr M Elliott

Development:Change of use of store building to pre-school. (Revised scheme)

Ward:P 160 Merley & Bearwood

RESOLVED that planning permission be refused for the following reason:-

The Planning Officer reminded the Committee that this building had been recently constructed in the Green Belt without planning permission. He referred to Green Belt Policies and the retention of building would cause significant harm to the Green Belt. The proposed change of use to pre-school nursery would intensify the use on site.

Mrs Elliottt, Applicant, outlined the situation with regard to the need for pre-school facilities in Bearwood: Nursery places for 3/4 year olds were being extended and the current premises were outgrown. Pre-school in Bearwood would soon cease to exist. She indicated that:-

  • The building had been built as permitted development and she had evidence to support this.
  • The Planning Officer had not explained what harm small children could cause to the Green Belt. Neighbours would not be affected.
  • This was the only opportunity to provide pre-school in Bearwood.
  • The boundary of the garden extended to the far end of the site.

Ward Councillor Maiden expressed views, including:-

  • The Application had been previously refused on Green Belt and Transportation issues. Only Green Belt issues remained.
  • Reference to the original proposals for the Green Belt (1955) and the need to preserve areas for all to use.
  • There was an opportunity under PPG2 to relax Green Belt guidance to relax policies NE3 and NE4 and allow limited development.
  • Any increase in pre-school would be relatively minor. The Application was being made because of lack of facilities at the Church.
  • The Application would make the area more open and beneficial to the area and should be considered favourably.

The Committee felt that Green Belt Policy should be upheld.

RESOLVED that Planning Permission be refused for the following reason:-

1 ( Non Standard Reason )

The proposed development, by the erection of a building and its use as a pre-school would be contrary to Policies NE3 and NE4 of the Poole Local Plan First Alteration Adopted 2004 (as amended by Secretary of State Direction 20th September 2007) which seek to seek to ensure that the openness of the Green Belt is not prejudiced. In this instance the proposed building and its use will materially harm the openness of the Green Belt and result in an intensified use which erodes the open character of the Green Belt.