Non-Determination Appeal 5 Durrant Road, Poole

BOROUGH OF POOLE

PLANNING COMMITTEE

24 JANUARY 2008

NON-DETERMINATION APPEAL – 5 DURRANT ROAD, POOLE (07/02568/004/F): REPORT OF THE HEAD OF PLANNING DESIGN AND CONTROL SERVICES

1.PURPOSE OF REPORT

1.1To obtain the Committee’s views on this Application which is now the subject of a non-determination Appeal.

2.RECOMMENDATION

2.1That, had the Application been before the Planning Committee for determination, the Application would have been refused for the following reasons:-

1 ( Non Standard Reason )

The scheme proposes the removal of trees that would expose the proposed building, which due to its proposed design and size would become a prominant feature on the slope, detrimental to the character and appearance of the site and a dominant feature on the hillside, harmful to the appearance of the skyline and out of context with its setting. The proposal would therefore be contrary to Policies BE1, BE3 and H13 of the Poole Local Plan First Alteration Adopted 2004 (As amended by Secretary of State direction Sept 2007).

2 ( Non Standard Reason )

The position and proximity of bedroom windows on the rear elevation would result in an unacceptable overlooking relationship with the adjoining block of flats detrimental to the privacy and amenities of those residents contrary to the provisions of Policy H13 of the Poole Local Plan First Alteration Adopted 2004 (As amended by Secretary of State Direction Sept 2007).

3 - RR010 ( Recreational Contribution )

The proposal fails to make a contribution towards recreational open space facilities within the Borough in accordance with Policy L17 of the Poole Local Plan First Alteration Adopted March 2004 (as amended by Secretary of State Direction September 2007). As such, it would put an additional demand on existing recreational facilities in the Borough. It would be contrary to Policy L17 and set a precedent that would make it difficult for the Council to implement this policy effectively in the future.

4 ( Non Standard Reason )

The proposals fail to meet the transportation needs of the future residents of the scheme in respect of forms of transport other than the private car. As such the proposals are contrary to Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).

5 ( Non Standard Reason )

The proposal fails to make a contribution towards mitigating the impact of new residential development in the Dorset Heathlands in accordance with the adopted Dorset Heathlands Interim Planning Framework 2006-2009. As such, it would result in additional pressure on the Dorset Heathlands without appropriate mitigation and would be detrimental to the health and integrity of those sites. The proposals are therefore contrary to the requirements of the Dorset Heathlands Interim Planning Framework 2006-2009 and Policies NE15, NE16, and NE17 of the Poole Local Plan First Alteration (Adopted 2004) and could set a precedent that would make it difficult for the Council to implement these policies and the Framework effectively in the future.

Informative Note(s)

1 - IN490 - Policy L17

The applicant is advised that if this application had been acceptable in all other respects, a financial contribution towards recreational open space provision would have been required in accordance with Policy L17 of the Poole Local Plan First Alteration Adopted March 2004 (as amended by Secretary of State Direction September 2007). This would overcome refusal reason No.3.

2 - Non Standard

The applicant is advised that if this application had been acceptable in all other respects, a financial contribution towards the mitigation strategy as set out in the Dorset Heathlands Interim Planning Framework 2006-2009 and in accordance with Policies NE15, NE16 and NE17 of the Poole Local Plan First Alteration (Adopted 2004). This would overcome refusal reason No.5.

3 - Non Standard

The applicant is advised that if this application had been acceptable in all other respects, a financial contribution towards the promotion of forms of transport other than the private car would be required in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004). This would overcome in part reason for refusal No.4.

3.BACKGROUND

3.1Attached as an Appendix to this Report is the standard Officer Report and recommendation which would have formed the subject of a Plans List item had the Applicants not elected to go to Appeal.

3.2The Report is clear that, given the previous history on the site, including a recent Appeal Decision, the current proposal fails adequately to address the concerns identified by Officers and the Inspector.

PETER WATSON

HEAD OF PLANNING AND DESIGN AND CONTROL SERVICES

APPENDIX

Case Officer:Mr J Gilfillan

Site:5 Durrant Road, Poole, Dorset, BH14 8TP

Application No:07/02568/004/F

Date Received:25th May 2007

Agent:Greenward Associates Wilson House 2 Lorne Park Road Bournemouth Dorset BH1 1JN

Applicant:Celebration Developments

Development:Demolish existing and erect a 4 storey block of 8 flats with basement garage accessed from Durrant Road. As amended by informtaion received 02/10/07 and plans received 28/06/07, 11/07/07 and 17/09/07.

Ward:E 050 Penn Hill

The application is brought before the Planning Committee at the request of Cllr Parker because of the concerns of residents and the treatment of the corner site.

Site Description

The site is occupied by a large 2-storey detached Edwardian house, with accommodation in the roofspace. Orientated to face the views to the south west.

The ground floor of the existing house is raised approximately 4m above the adjacent road.

There is vehicle access from Durrant Road and a detached garage accessed from Corfe View Road.

The site is covered by a Tree Preservation Order and there are large trees at the rear of the existing property, along the boundary with No.7 Durrant Road and a dense tree screen on the embankment obscuring views of the existing house from Durrant Road.

Relevant Planning History

Feb 2007: Permission refused for the erection of block of 8 flats with basement car park. The reasons for refusal were based on:

The harm to the character and appearance of the area and impact on the skyline, harm to residential amenity. Car parking and servicing failing to meet the needs of the development to the detriment of highway safety. Lack of information relating to the impact on visually prominent preserved trees and the failure to provide a bat survey.

Three further reasons related to mitigating the impact of the development on recreational facilities, transport infrastructure and Dorset Heatlands in accordance withPolicies L17, T13, NE15, NE16 & NE17 of the Local Plan and the Dorset Heathlands Interim Planning Framework 2006-2009.

This appeal was dismissed. The Inspector noted, “the proposal fails to respect its surroundings, its height, width, depth and flat roofs, would give it a substantial mass which, particularly in its conspicuous location would have a discordant appearance, out of context with its setting”. It was noted that existing landscaping would be removed, but that “replacement landscaping could not compensate adequately for the losses or mitigating or mitigate the buildings adverse impact.

In addition the Inspector raised concerns over the overlooking relationship between windows in the proposed building and the adjacent flats at No.7 Durrant Road, including this as a reason for dismissing the appeal.

However he did not see any conflict with highway safety if additional cars had to park on Durrant Road.

Current Proposal

A revised scheme to erect a block of 8 flats with basement parking accessed from Durrant Road, with additional parking accessed from Corfe View Road.

REPRESENTATIONS

The Head of Transportation Services: No objection

Natural England: No objection.

18 Letters of representation have been received from local residents, objecting due to:

Overdevelopment.
Overlooking.
Loss of one of the few remaining Edwardian houses in the area.
Increased noise pollution, including during construction, and light pollution.
Increased traffic and parking on Durrant Road.
Loss of views.
The design of the building is out of character and dominant in the street scene and on the skyline.
No general amenity space for residents.
Loss of existing landscaping and trees.

Relevant Planning Policy

The following policies of the Poole Local Plan First Alteration (Adopted 2004) are relevant to this application:-

BE1-(Design Code)

BE2-(Landscaping)

BE3-(Topography)

NE28-(Tree Preservation Orders)

T13 -(Traffic Generated by Development)

H13-(Purpose Built Flats)

Planning Considerations.

The principle of demolishing the existing property and erecting a block of flats in this location is not contrary to the Local Plan. Whilst the site is outside of a flat character area, the local plan policies do not resist flat development on the application site, but instead seek to ensure the impact of the scheme is acceptable.

Durrant Road currently consists predominately of blocks of flats along the north side of the road.

The existing property is afforded no statutory protection preventing its demolition, nor is it of sufficient quality to merit listing

The design of the scheme has overcome the concerns relating to its appearance from Durrant Road, however the size, width, depth and flat roofs would fail to adequately respect its surrounding, and appear out of context with its setting.

The large trees to the rear of the site, along the boundary and in the rear garden of No.7 Durrant Road are the prominent feature and provide the backdrop to the site.

The scheme proposes the removal of a large, 12m high, Scots Pine. This would significantly reduce the dominant effect of the trees on the skyline. Two further trees, a Holly and Sweet Chestnut would have to be removed to construct the proposed building, these would have a further detrimental impact on the appearance of the high ground and skyline, leaving insufficient space for future planting, to separate No.5 from No.7 Durrant Road, due to the sitting of the proposed building, therefore the character and appearance of the area would be irreversibly harmed.

The result of the loss of these trees is that the proposed building would be significantly more exposed and dominant in views from all around the site, failing to respect the character of the area. New planting would not compensate for the losses or mitigating the building’s adverse impact.

An overlooking relationship similar to that considered unacceptable by the Inspector is proposed, which would have a detrimental impact on the amenities of the residents of the flats at No.7/7a Durrant Road.

The combination of the proposed garden area around the building and the proposed balconies/terraces would make adequate provision for the recreational and amenity needs of the occupiers.

Parking, and access arrangements would not be harmful to highway or pedestrian safety.

The scheme proposes to remove several trees on the Durrant Road frontage to form the new driveway into the basement garage. The removal of the existing driveway would allow space for new planting on the embankment alongside Durrant Road. This would ensure that soft landscaping could be replanted.

The application site lies within 5km of heathlands that are notified as SSSIs for the special international interest of their heathland habitats and associated plant and animal species. Whilst the cumulative impact of further residential development within this area is of concern, given the preparation of an appropriate scheme of mitigation Natural England considers that an appropriate assessment of this application may reasonably conclude that there would not be an adverse cumulative impact on the integrity of the European sites. Natural England therefore has no objection to permission being granted for the proposed development.

The requirements of Policies L17, T13, NE15, NE16 & NE17 and the Dorset Heathlands Interim Planning Framework 2006-2007 to provide recreational facilities, meet the transportation needs of the development by promoting forms of transport other than the private car and mitigate the harm of residential development on SSSI Heathlands respectively has not been met.

RECOMMENDATION

Non Determined Appeal

Had the decision to determine the application come before the Local Planning Authority it would have been recommended to refuse the application on the following grounds.