Outline Planning Application for the Erection of 3 Blocks of Flats (10 in Total) with Associated

AGENDA ITEM 6

BOROUGH OF POOLE

PLANNING COMMITTEE 19 APRIL 2007

REPORT OF HEAD OF PLANNING DESIGN AND CONTROL

OUTLINE PLANNING APPLICATION FOR THE ERECTION OF 3 BLOCKS OF FLATS (10 IN TOTAL) WITH ASSOCIATED PARKING AND ALTERATIONS TO ACCESS REAR OF 14, RINGWOOD ROAD, POOLE (APPLICATION RE: 06/38667/001/P)

PURPOSE OF REPORT

1.0This outline planning application was deferred at the Planning Committee meeting on 22nd. February 2007 to enable Counsel’s opinion to be obtained on whether an affordable housing contribution could be sought given that adjacent undeveloped land with possible development potential was previously also believed to be in the ownership of the applicant.

2.0That opinion has now been received.

RECOMMENDATION

Planning permission should be granted in accordance with planning officers report attached here as Appendix 1.

COUNSEL’S OPINION

3.0Counsel’s opinion has been received and can be summarised as follows:

(a)The Council does not have any specific policies regarding piecemeal development of the entire land behind 10-30, Ringwood Road.

(b)Whilst the Council may have suspicions concerning the applicant’s future plans for the land to the east of the application site and to the rear of 28-30, Ringwood it is impossible to accurately predict what his intensions are.

(c)Irrespective of the above, the existing evidence is that the land is not currently within the applicant’s ownership.

(d)Whereas the sub-division of land to avoid the affordable housing provision threshold might be a material consideration in some circumstances this is not such a case. The combined total area was always less than half the threshold area for the application of Policy H5. In addition, the sub-division of land has not been artificial. It was not formerly part of the same unit of occupation. The application site was occupied as a single site whilst land to the east which concerns the Council was formerly residential garden land in separate ownership (as now appears to be the case again). The possibility of a future application in respect of that land is not so material a consideration to justify a determination of the present application contrary to the development plan.

3.0It is consequently Counsel’s firm view that to refuse this application due to the lack of affordable housing provision would be a determination contrary to the development plan that would be unreasonable and unsustainable on an appeal. Moreover, an award of costs against the Council pursuant to Circular 8/93 would inevitably follow.

CONCLUSION

Grant planning permission subject to conditions set out in appendix 1 and completion of a Section 106 Agreement for:

1. A financial contribution of £14,560.00 (plus administration fee) towards the provision of recreational facilities in accordance with Policy L17 of the Poole Local Plan First Alteration (Adopted 2004).
2. A financial contribution of £9,490.00 (plus administration fee) towards the mitigation strategy as set out in the Dorset Heathlands Interim Planning Framework 2006-2009 in accordance with Policies NE15, NE16 and NE17 of the Poole Local Plan First Alteration (Adopted 2004).
3. A financial contribution of £10,000.00 (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).

Note: If the Section 106 Agreement is not completed speedily then the application may be refused without further reference to Committee.

PETER WATSON

HEAD OF PLANNING DESIGN AND CONTROL SERVICES

Background Papers:

Planning file 006/38667/001/P

Contact Officer: Dave Staniland, Senior Planning Officer

Email:

APPENDIX 1

Case Officer:Mr D Staniland

Site:Rear of 14 Ringwood Road, Poole, Dorset, BH14 0RL

Application No:06/38667/001/P

Date Received:6th November 2006

Agent:Harriplan Ltd 23-25 Abbott Road Charminster Bournemouth Dorset

Applicant:D Wells

Development:Outline application for the erection of 3 blocks of flats (10 in total) with associated parking and access from Ringwood Road.

Ward:D 040 Parkstone

The application is brought before the Planning Committee at the request of Councillor Mrs. Stribley because of the possible adverse impact on neighbouring households

Site Description

The application site is located on the northwest side of Ringwood Road, at the rear of Nos. 10-24 Ringwood Road, 46 Fernside Road, and 6-18 Linthorpe Road. The area is predominantly residential consisting of 2 storey height detached family houses within medium sized plots.

The application site is accessed from Ringwood Road via a narrow vehicular driveway some 3 metres wide by 30 metres in length with no vehicle passing bay. On site there are 2 detached structures, the first abutting the rear boundary of 46 Fernside Road is single/two storey height, built of corrugated iron and houses the former vehicle repair workshop of ‘ Longfleet Engineering Ltd.’. The second structure is located abutting the rear boundaries on Nos. 10-14 Linthorpe Road, is single storey with a mono pitched roof, and is currently being used by a used car centre as offices and storage. The remainder of the site comprises land laid to concrete and used for the parking, turning and storage of vehicles and former back garden land. The latter area has been cleared of trees and shrubs.

Relevant Planning History

Retrospective permission was refused in August 2002 for Change of Use of the current application site from B1 (Business Use) to commercial vehicle contract hire with ancillary motor vehicle repairs (sui generis). This application followed earlier refusal of an established use certificate, in February 1992, for General Industrial Use.

Full planning permission was granted in September 2004 for the erection of 2 blocks of 4 town houses (8 in total) with associated parking and modifications to an access off Ringwood Road. One block was to be of two storey construction whilst the other would have a third floor contained within its roof space. That permission was the subject of a ‘section 106’ agreement that secured a financial contribution to off site recreation facilities.

The current application site, together with other land to the north east, was the subject of an outline planning application for the erection of 23 flats in three blocks including car and cycle parking with access, as now proposed, off Ringwood Road. This proposal was refused permission in March 2006 on the following grounds:

• Overdevelopment lacking amenity space, excessive hard surfacing, inappropriate size and siting of buildings out of character with the area and loss of amenity to adjacent residents.
• Inadequate car parking leading to obstruction of the adjacent highway leading to unsafe conditions on a distributor road.
• Substandard width of access and inadequate pedestrian visibility splays.
• Inadequate access arrangements prejudicing future development potential of adjacent land without further points of access onto a distributor road which would normally be resisted.
• Failure to contribute towards alternative modes of transport, other than the private car.
• No provision for affordable housing.
• Failure to contribute to off site recreation provision.

Current Proposal

This is an outline planning application including details of access, layout and scale of development. Appearance and landscaping are not proposed for consideration as part of this application.

The current proposal involves modification of the existing vehicular access between 14 and 18 Ringwood Road, the demolition of the existing commercial buildings and the erection of three blocks of flats. Two of the blocks are two-storey with one flat on each floor. The third larger block would comprise of two floors of accommodation with three flats on each floor.

A central courtyard would provide vehicle manoeuvring space around which would be parking for 15 cars and secure/sheltered storage for 7 cycles.

Representations

As a result of the publicity afforded this application 21 letters of representation have been received raising the following issues:

• Out of character with the surrounding area
• There are sufficient flats in the locality
• Highway safety compromised by additional traffic movements at the proposed access
• Loss of privacy. Overlooking cause by Juliet balconies in rear elevation of Block A. Windows overlooking properties in Linthorpe Road should be obscure glazed
• Is this application a Trojan horse given the earlier refusal for 23 flats on a lager site
• Increased noise and disturbance due to additional traffic and parking
• Development if permitted should be limited to two storey only
• Gross overdevelopment and increased hard surfacing would lead to an intrusive form of development particularly in relation to neighbouring domestic plots
• Lack of amenity space
• Recreational facilities have been omitted
• The development would provide inadequate/substandard access for emergency vehicles
• Overshadowing and loss of light
• Trees have been recently removed from site
• Prejudicial close proximity of flats to site boundary
• Adverse impact on local services, including foul sewers
• The site is more suited to warden assisted accommodation
• Block A should be split into two to reduce its massing

Transportation Services

The traffic generated by this proposal is unlikely to exceed 40 trips per day, which is less than would be generated by the earlier permission to erect 8 town houses. Proposed car parking levels satisfy the Council’s parking guidelines. A contribution of £10,000 should be secured towards relevant schemes that promote non-car modes of transport facilities or cycle links.

Wessex Water - no objections

Natural England

The application site lies within 5km of heathlands that are notified as SSSI’s 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 adoption of the Dorset Heathlands Interim Strategy as of 1st. January 2007, 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 provided a financial contribution toward the mitigation strategy is secured.

Relevant Planning Policy

The following policies of the Poole Local Plan First Alteration (Adopted 2004) are considered relevant:

BE1 – (Design Code)

BE2 – (Landscaping)

H13 – (Purpose Built Flats etc.)

T13 – (Traffic Generated by Development)

T14 – (Access to Highway Network)

NE15 – (Sites of International Importance)

NE16 – (Sites of Special Scientific Interest)

NE17– (Development Adjacent to Heathland)

L17 – (Provision for Recreation Facilities)

Planning Considerations

Of particular material importance is the planning decision of September 2004 that gave permission for the erection of 8 town houses. Its vehicular access is identical to that the subject of this application and the location of proposed buildings are mostly within and smaller than the footprint of the buildings then permitted. Indications also suggest that finished ridge heights as now proposed will be between 0.8 and 1.2 metres lower than previously permitted. The layout of parking and servicing is also very similar to that previously approved. There have been no material changes to the character or circumstances of the application site since that consent was given.

Impact on the Character and Appearance of the Locality

• The proposals will have a minimal impact on the street scene. Whilst glimpses of the flats will be available from Ringwood Road, they will not form an integral part of the street scene. When seen through the gaps between existing properties, it is not considered that the proposal will result in a sense of overdevelopment or disruption of the existing urban grain.
• The proposals comprise three, two storey blocks and would not therefore appear excessively bulky in the context of surrounding development.

Impact on the Residential Amenities of Neighbouring Households

The proposal will not have a detrimental impact upon the sensitive areas of adjoining gardens. The proposals will similarly have no overbearing impact on adjacent households given the degree of separation between exiting homes and the proposed buildings and the orientation of one to the other.

Proposed Residential Amenities of Prospective Occupants

It is considered that the development provides a satisfactory level of residential amenity space appropriate for the number of proposed flats.

Vehicular Access, Parking and Highway Safety

The Head of Transportation Services is satisfied that notwithstanding the change in the makeup of the development from 8 town houses to 10 flats the scheme remains acceptable subject to appropriate conditions and the payment of a £10,000 contribution toward relevant schemes that promote non-car modes of transport such as improvements to public transport facilities or cycle links.

Off Site Recreation Provision

Policy L17 of the Local Plan requires development of this order to contribute a sum of £14,560.00 (plus administration fee) towards off site recreation facilities. This contribution should be secured by means of a ‘section 106’ agreement.

Contribution to Lowland Heathland Mitigation Strategy

This proposal under the provisions of Policies NE15, NE16 and NE17 of the Local Plan and the Dorset Heathlands Interim Planning Framework 2006-2009 adopted on 1 January 2007 requires a contribution of £9,490.00 (plus administration fee) toward agreed mitigation measures. This contribution should be secured by means of a ‘section 106’ agreement.

Human Rights Act

In coming to this recommendation/decision consideration has been given to the rights set out in Article 8 (Right to Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention on Human Rights.

RECOMMENDATION

GRANT – Subject to a Section 106 Agreement for:

1. A financial contribution of £14,560.00 (plus administration fee) towards the provision of recreational facilities in accordance with Policy L17 of the Poole Local Plan First Alteration (Adopted 2004).

1. A financial contribution of £9,490.00 (plus administration fee) towards the mitigation strategy as set out in the Dorset Heathlands Interim Planning Framework 2006-2009 in accordance with Policies NE15, NE16 and NE17 of the Poole Local Plan.

1. A financial contribution of £10,000.00 (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).

Note: If the Section 106 Agreement is not completed speedily then the application may be refused without further reference to Committee.

Subject to the following conditions

1 - OL010 (Outline Permission - Submission of Reserved Matters)

No development shall take place until approval of the details of the appearance and the landscaping of the site (hereinafter called "the reserved matters") has been obtained in writing from the Local Planning Authority and the development shall be carried out in accordance with the approved details.

Reason -

This condition is required to be imposed by the provisions of Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.

2 - OL080 (Outline Permission - Submission of Reserved Matters (3 Years))

Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this permission and the development hereby permitted shall be begun before the expiration of 2 years from the final approval of reserved matters, or, in the case of approval on different dates, the final approval of the last such matters to be approved.

Reason -

This condition is required to be imposed by the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by Section 51(2) of the Planning and Compulsory Purchase Act 2004

3 - 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 building(s) is satisfactory and in accordance with Policy BE1 of the Poole Local Plan First Alteration (Adopted 2004).

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

No development shall take place until details plan indicating the positions, design, materials and type of boundary treatment to be erected has been submitted to, and approved in writing by, the Local Planning Authority. The boundary treatment shall be completed before the buildings are first occupied. Development shall be carried out in accordance with the approved details, maintained for a period of five years and thereafter retained.

Reason -

In the interests of amenity and privacy and in accordance with Policy H13 of the Poole Local Plan First Alteration (Adopted 2004).

5 - GN090 (Obscure Glazing of Window(s))

Both in the first instance and upon all subsequent occasions, the windows in the first floor north west and south east (side) elevations of blocks A and B, as coloured pink on the approved plan and elevations, shall be glazed with obscured glass in a form sufficient to prevent external views and shall either be a fixed light or hung in such a way as to prevent the effect of obscure glazing being negated by reason of opening.

Reason -

To protect the amenity and privacy of the adjoining properties and in accordance with Policy H13 of the Poole Local Plan First Alteration (Adopted 2004).

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

Provision shall be made within the site for storage of refuse etc. prior to disposal, in which respect a scheme shall be submitted to, and approved in writing by, the Local Planning Authority prior to the commencement of on-site works; implemented prior to the first occupation and thereafter retained.

Reason -

In the interests of amenity and to ensure that no obstruction is caused on the adjoining highway and in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).

7 - HW100 (Parking/Turning Provision)

The development hereby permitted shall not be brought into use until the access, turning space, vehicle parking and cycle 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 2004).

8 - HW200 (Provision of Visibility Splays)

Before the development hereby permitted is brought into use and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any subsequent re-enactment thereof, the land designated as visibility splay coloured green as indicated on the approved plans shall be cleared of all obstructions over 0.6 metres above the level of the adjoining highway, including the reduction in level of the land if necessary, and nothing over that height shall be permitted to remain, be placed, built, planted or grown on the land so designated at any time.