Item No:SV1
Case Officer:Mr M Mansell
Site:124 Panorama Road, Sandbanks, Poole, Dorset,
BH13 7RG
Application No:03/03568/015/F
Date Received:26th February 2003
Agent:Heritage Period Properties Ltd Newton House 47 Arnison Road East Molesey Surrey KT8 9JR
Applicant:Mr & Mrs B Marsh
Development:Demolish existing dwelling and erect a 3/4 storey
5-bed detached house with integral garaging. (Revised Scheme).
Ward:E 060 Canford Cliffs
The application was brought before the Planning Committee at the request of Councillor Smith due to possible conflict with Policies BE1 and H1 of the Local Plan.
Site Description
The site currently accommodates a small bungalow with garage under set in a very long plot presenting a frontage to both Panorama Road and the harbour. The existing bungalow is just over 25m from the shoreline and approximately 50m from Panorama Road. The neighbouring property to the north is a very large two storey property with a third storey contained within the roof space. The building is 6.5m high to the eaves level and 11m to the ridge of the roof. The neighbouring property to the south is a full two stories with a lightweight roof form.
The site is covered by a TPO dating from 1999 with a number of important mature trees to both the boundary and within the site.
Relevant Planning History
An earlier application for the erection of a 3/4storey 5 bedroom house was withdrawn earlier this year.
Current Proposal
To demolish the existing bungalow and erect a 3/4 storey house with surface parking served off an access from Panorama Road.
REPRESENTATIONS
The Environment Agency - no objections
The Head of Transportation Services - no objections
English Nature - no objections
Dorset Wildlife Trust - recommended that a bat survey be undertaken prior to development
Sandbanks Association - objected to the application due to the scale of the proposed building
A site notice was posted and adjoining properties notified with 4 letters received objecting to the overdevelopment of the site, the impact on neighbouring amenity and overlooking from the balconies.
Planning Policy
Policies H1 (Housing), H13 (Sandbanks Beachline), BE1 (Design Code), NE20 (Legally Protected Species), NE21 (Shoreline Character) NE26 (Individual or Grouped Trees) and NE27 (Tree Preservation) of the Poole Local Plan 1998 and the First Alteration 2001 are relevant to this application.
Planning Considerations
Impact on the Streetscene/Harbour
Despite being three and a half stories to the Panorama Road elevation the proposed building would be barely visible from Panorama Road being set approximately 50m from the highway with a good deal of mature vegetation and trees in the front garden area. The main impact on the public realm would be from the harbour where the proposed building would be clearly visible presenting two and a half stories. In terms of scale the proposed building would respect the immediately neighbouring properties and those within the wider harbour scene within which the building would be seen. It would have a similar eaves level at second storey to its neighbouring properties with the third storey set well back from the storey below. This third storey would appear very lightweight would not create any a harmful volume of built form. Particularly when viewed next to No.122 the building would not appear dominant or incongruous to the harbour elevation and would not harm the character of the area.
Proximity to the Shoreline
The proposed building would be over 25m from the shoreline at its closest point and would not conflict with Policy H13 of the local plan. It would respect the existing building line and would not be forward of either of the neighbouring properties.
Impact on Neighbouring Amenity
The proposed fenestration to the front and rear replicates a usual relationship with the neighbouring properties and would not result in an unacceptably harmful level of overlooking. The proposed side windows serving bathrooms and storerooms should be conditioned obscure glazed to preserve the privacy of neighbouring properties. Subject to balcony screening to the side elevations on the first and second floor terrace/balcony areas there would no harmful overlooking to sensitive areas of neighbouring gardens or main windows.
The neighbouring building at No.122 Panorama Road has only secondary windows to the facing elevation; no main windows would suffer a harmful loss of ambient day light.
The property at No.126 has a number of secondary and bedroom windows in the elevation facing the proposed building. These windows, due to their north westerly orientation receive virtually no direct sunlight at present. Whilst they will lose a degree of ambient daylight this could not be considered unacceptably harmful considering the use of the rooms.
Tree Issues
The trees on the site are well away from the proposed building. A method statement should be prepared to ensure that no damage is done to protected Subject to adequate fencing being erected they will not be impacted upon by the development.
Highway Issues
With regard to highway issues there is no objection from Transportation Services although details of the pedestrian splays will need to be submitted and agreed.
Wildlife Issues
The Dorset Wildlife Trust indicated that protected bats may be present on the site. A condition should be attached ensuring that a full survey is carried out to establish if bats are present on the site and if so how they will be removed and to where.
Human Rights Act
In coming to this recommendation 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 the following conditions
1 - GN010 (Detailed Permission - Time Expiry 5 Years (Standard))
The development to which this permission relates shall be begun not later than the expiration of five years beginning with the date of this permission.
Reason -
By virtue of Section 91 of the Town and Country Planning Act 1990.
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 building(s) is satisfactory and in accordance with Policies BE1 & H1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).
3 - GN090 (Obscure Glazing of Window(s))
Both in the first instance and upon all subsequent occasions, the window(s) coloured purple on the approved plan on the south east and north west elevation(s) 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 Policies BE1 & H1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).
4 - GN070 (Remove Use as Balcony)
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 and the Town and Country Planning Act 1990 or any subsequent re-enactments thereof, the flat roof area of the building hereby permitted coloured in red shall not be used as a balcony, roof garden or similar amenity area without the grant of further planning permission from the Local Planning Authority.
Reason -
To protect the amenity and privacy of adjoining residential properties and in accordance with Policies BE1 & H1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).
5 - GN110 (No Further Alterations to Window(s))
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 and the Town and Country Planning Act 1990 or any subsequent re-enactments thereof, no further alterations shall be made to the window(s) on the south east and north west elevation(s) without the prior written approval of the Local Planning Authority.
Reason -
To preserve the amenity and privacy of the adjoining properties and in accordance with Policies BE1 & H1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).
6 - GN080 (Screening to Balcony - Submission of Details Required)
Prior to the commencement of development, details of an obscure glazed screen of at least 1.8 metres in height to be erected along the south eastern and north western sides of the balconies as marked on the approved plan shall be submitted to, and approved in writing by, the Local Planning Authority. The screens shall be erected in accordance with the approved details prior to the commencement of use of the dwelling, hereby permitted, and shall thereafter be permanently retained as such.
Reason -
In the interests of privacy and amenity of the neighbouring properties and in accordance with Policies BE1 & H1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).
7 - TR010 (Arboricultural Method Statement)
An arboricultural method statement prepared by an arboricultural consultant holding a nationally recognised arboricultural qualification providing comprehensive details of construction works in relation to trees shall be submitted to, and approved in writing by, the Local Planning Authority prior to the commencement of demolition/development. All works shall subsequently be carried out in strict accordance with the approved details. In particular, the method statement must provide the following:-
a) a specification for protective fencing to trees during both demolition and construction phases which complies with BS5837:1991 and a plan indicating the alignment of the protective fencing;
b) a specification for scaffolding and ground protection within tree protection zones in accordance with BS5837;
c) a schedule of tree works conforming to BS3998;
d) details of general arboricultural matters such as the area for storage of materials, concrete mixing and use of fires;
e) plans and particulars showing the siting of the service and piping infrastructure;
f) a full specification for the construction of any arboriculturally sensitive structures and sections through them, including the installation of boundary treatment works, the method of construction of the access driveway including details of the no-dig specification and extent of the areas of the driveway to be constructed using a no-dig specification.
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 Policies NE26 & NE27 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).
8 - HW100 (Parking/Turning Provision)
The development hereby permitted shall not be brought into use until the access, turning space & garaging 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 T17 of the Adopted Poole Local Plan (1998) and T11b of the First Alteration Revised Deposit Plan (November 2001).
9 - 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 hatched in purple as indicated on the approved plan(s) 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.
Reason -
In the interests of highway safety and in accordance with Policy T14 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).
10 - WL030 (Clearance of Protected Species)
Prior to development commencing (including the removal of herbage or the disturbance of topsoil), the site shall be cleared of all bats protected under the Wildlife and Countryside Act 1981 (and, if necessary, elements of their support habitat) in accordance with details of the timing and method of proposed rescue, protection and relocation of protected species and habitat to be submitted to, and approved in writing by, the Local Planning Authority. Such works shall be subsequently carried out in strict accordance with the agreed details of methodology and programme.
Reason -
To ensure the protection and rescue of species protected under the Wildlife and Countryside Act 1981, the Habitats Regulations and the Berne Convention and in accordance with Policy NE20 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).