AGENDA ITEM 5
BOROUGH OF POOLE
PLANNING COMMITTEE
20 NOVEMBER 2008
REPORT OF HEAD OF PLANNING DESIGN AND CONTROL SERVICES
15 SHELLEY ROAD AND REAR OF 14 KHYBER ROAD POOLE BH12 2DG -
ERECT 3 NO. DWELLINGS NO. DWELLINGS ON LAND TO BE ACCESSED OFF SHELLEY ROAD
1. Matter for Consideration
1.1 To consider the Planning Application for the erection of 3 no. dwellings on land to be accessed off Shelley Road.
1.2 At the request of the Ward Councillor, the Committee, at its Meeting on 16th October 2008 resolved to defer consideration of the Application to enable a site visit to take place. A copy of the report to the 16th October Committee is attached as an Appendix.
2. Representations
2.1 Since the planning Committee in October no further representations have been received.
3. Recommendation
3.1 That the application be approved subject to the conditions set out in the attached report dated 16th October 2008.
PETER WATSON
HEAD OF PLANNING DESIGN AND CONTROL SERVOCES
Background Papers:
Planning file 08/09110/009/F
Contact Officer: Jo Chambers, Senior Planning Officer
Email:
Item No: 8
Case Officer: Ms J Chambers
Site: 15 Shelley Road And Rear Of 14 Khyber Road Poole BH12 2DG
Application No: 08/09110/009/F
Date Received: 21st August 2008
Agent: Martin J Hanham M.R.T.P.I 7 Wills Close Corfe Mullen Wimborne Dorset BH21 3SR
Applicant: Kemnal Ltd
Development: Erect 3 no. dwellings on land to be accessed off Shelley Road. (Amended plans received 21/08/08 and 22/08/08)
Ward: G 070 Branksome West
This application is brought to Planning Committee at the request of Cllr Eades on the grounds of neighbours concerns over increased traffic and parking and use of a substandard road.
Site Description
The Application includes 3 elements along Shelley Road:
· a 1m wide strip of land at the junction adjacent to no. 8 Albert Road, which currently forms part of the curtilage of that property;
· a parcel of land adjacent to 9 Shelley Road which has been previously severed from 14 Khyber Road and is currently fenced off;
· a further parcel between 13 and 17 Shelley Road which is hard-surfaced and was used as a former car park by a nearby commercial business.
The sites are relatively flat.
Shelley Road is a narrow highway, with no footpath, providing access to a mix of residential properties. It is a cul-de-sac with a relatively small turning head at the end. The houses are 2-storey, detached or semi-detached. There is a block at flats adjacent to the turning head, which is accessed from Ashley Rd.
Relevant Planning History
There have been numerous planning applications and appeals relating to the parcels of land forming the current application site and adjacent land:
Enforcement Appeal 1978 - into the use of the land adjoining 13 Shelley Road as a car park -the Inspector quashed a notice and concluded that the parking use had been established thereby rendering it immune from enforcement proceedings. However, he refused to grant planning permission for a use which would "induce more vehicles than of necessity require access" due to the characteristics of Shelley Road as a highway and lack of off-street parking facilities of some properties.
96/09110/001 - pair of semi-detached houses between 13 and 17 Shelley Road with parking on the site adjacent to 12a Khyber Road with footpath link - granted subject to conditions Feb. 2002.
02/09110/002/F - terrace of 3 houses on land between 13 and 17 Shelley Rd plus one house adjacent to 9 Shelley Road with car parking on the site adjacent 13 Khyber Road linked by footpath. Appeal allowed, subject to conditions, Feb 2003.
(note: site adj. 12a and 13 Khyber Road has subsequently been developed for a pair of semi detached houses – see 03/09110/004/F below.)
02/19457/002/F - detached house on land rear of 14 Khyber Road (adj. 9 Shelley Road) - refused and appeal dismissed on highways grounds and adverse impact/overlooking of 14 Khyber Road April 2003.
03/19457/003/F - 2 flats on land rear of 14 Khyber Road (adjacent to 9 Shelley Road) - refused and appeal dismissed on highways grounds Jan. 2004.
03/09110/004/F- Erect a pair of 3-bed semi-detached houses with attached garages. Access from Khyber Road (revised scheme) land between 12a and 13 Khyber Road, refused on the 11th July 2003 , but subsequently allowed at appeal on 29 December 2003. Conditions were attached including condition 4 requiring access and visibility splays to be provided prior to commencement of development.
05/09110/005/F - One house between Nos. 9 and 11 Shelley Road, and three adjacent to No. 13 Shelley Road, with car parking provided on the Shelley Road frontage in splayed bays (instead of car parking at the rear from Khyber Road as previously shown). Refused 20-JUL-2005 : The intensification of a sub-standard access, together with the proposed car parking and turning facilities, would be unlikely to meet the reasonable needs of the proposal and its future occupiers, and it would result in increased highway dangers in the access and adjoining roads. As such the proposal would result in unacceptable highway danger contrary to Policies T13 and H4(vi) of the Poole Local Plan First Alteration 2004, and it would be in contravention with the Council's adopted Parking Guidelines.
06/09110/006/F - Demolition of existing dwelling and erect 6 No. flats with access from Shelly Road and egress onto Khyber Road. Refused Feb. 2007, reasons included : inadequate access, parking, cycle-parking; overdevelopment , out of keeping with existing pattern of development.; lack of amenity space; failure to promote other forms of transport, lack of L17/Heathlands contributions.
07/09110/007/P - Outline application to create a pair of semi-detached dwellings on existing car park at 15 Shelley Road with parking on land to rear of 14 Khyber Road and improved access onto Shelley road. Refused April 2007, lack of financial contributions.
07/09110/008/F - Demolish 12a Khyber Road and erect 6 flats (total) in 2 blocks with associated parking. Access from Khyber Road. Refused due to overdevelopment, lack of amenity space, inadequate parking and lack of s106 contributions, Oct. 2007.
Current Proposal
Erect 3 no. dwellings on land to be accessed off Shelley Road.
This includes:
· a pair of semi-detached houses on the parcel of land between 13 and 17 Shelley Road with 3 off-street parking spaces;
· detached dwelling rear of 14 Khyber Road with 2 off-street parking spaces;
· widening of the adopted highway along Shelley Road by a strip of land adj. to 8 Albert Road.
The applicant has indicated a willingness to carry out the highway works to adoptable standard.
Representations
11 individual letters have been received, 9 of which express concerns regarding the following points:
· concern at size/width Shelley Road/turning space and highway safety,
· maintenance of vehicular/emergency access to Shelley Road,
· overdevelopment, too close to Khyber Road properties
· parking
· noise and disturbance.
the other 2 letters request:
· 2m high boundary treatment,
· retention of silver birch along boundary with 13 Khyber Road
The Head of Transportation Services - current application offers improvement to the highway at Shelley Road close to the junction with Albert Road. These works should be carried out prior to development. Requested amended plans showing 2 off-street parking spaces for detached house and 3 for semis (subsequently received). Transportation Infrastructure contribution required.
Natural England – no info on nature conservation interest on site; within 5m Heathland Interim Planning Framework applies regarding financial contributions.
Relevant Planning Policy
The following Policies of the Poole Local Plan First Alteration (Adopted 2004) are relevant:
BE1 - (Design Code)
H4 - (Housing)
T3 - (Provision for Pedestrians in New Development)
T13 - (Traffic Generated By Development)
L17 - (Provision for Recreation Facilities)
NE15 - (Sites of International Importance)
NE16 - (Sites of Special Scientific Interest)
NE17 - (Development adjacent to Heathland)
Dorset Heathlands Interim Planning Framework
Interim Planning Framework: Developer Contributions Towards Transport Investment Oct 2007.
Planning Considerations
In determining this application careful consideration must be given to the points raised by the Inspectors in considering the earlier appeals.
The main issues for consideration are considered to be:
· the impact on the streetscene
· impact on existing residential development
· amenity of proposed dwellings
· access and parking
· financial contributions (L17, Dorset Heathlands, Transport Investment)
Impact on Streetscene
In considering the appeal into 02/09110/002/F, the Inspector specifically referred to the set back of that proposal being consistent with the adjacent properties. He also stated that there would be an adequate degree of separation with the buildings opposite.
The proposed dwellings would be set back in relation to the existing properties along this northern side of Shelley Road. However, there is a mix of house types and styles along Shelley Road. The properties along the southern side are stepped and set at an angle in relation to Shelley Road. The block of flats at Ashley Court opposite the site of the proposed semis is set forward in relation to neighbouring properties. Given this context no conflict has been identified with the comments made in the Inspector’s decision notice into 02/09110/002/F.
The appearance, scale and position of the houses are considered acceptable in terms of streetscene in the context of policy BE1 and H4, subject to a materials condition.
Impact on existing residential development
The position of the semi-detached houses in relation to no. 17 Shelley Road is such that they would be set back beyond the 2 storey element of that house but would be viewed directly from the single storey side facing “sun room”. The resident has raised an objection. Although the proposed dwellings are set further back within the plot compared to the appeal, 02/09110/002/F, in both schemes the “sun room” would look directly at the 2-storey side elevation. In considering the appeal the Inspector did not identify any harm to no. 17 Shelley Road.
It is considered that the principle of housing on this part of the site has been established and the impact of the position of the dwellings in relation to existing neighbouring properties considered acceptable. There has been no material change in circumstances that would lead to a different conclusion in this current application. Conditions are recommended regarding obscure glazing and no further side facing windows to the side elevations to avoid overlooking neighbouring properties, which would protect residential amenity of the “sun room” and side & rear garden of no. 17. Similar conditions were imposed by the Inspector.
In dismissing the appeal on 02/19457/002/F (detached dwelling r/o 14 Khyber Rd) the Inspector considered that “substantial bedroom windows…would enable overlooking at close quarters of the rear of the house and garden at 14 Khyber Road.” The proposed new-detached dwelling is intended on plan to have obscure glazed windows at first floor to the rear elevation, including the lower half of the bedroom window. In addition, it is considered that there has been a material change in circumstances since that decision. In allowing the appeal for the semi detached dwellings on the site between 12a-13 Khyber Road the Inspector considered that “privacy could be assured at ground floor level with adequate fencing…opposing bedroom windows at the distances proposed, while close are consistent with this locality…” That Inspector also noted that the distances between main windows of the flats at Ashley Court (to the south side of Shelley Road) would be similar. In the context of these more recent developments, the relationship of the proposed detached dwelling with neighbouring properties is considered acceptable. Conditions are recommended regarding no side facing windows to the side elevations to avoid overlooking neighbouring properties as with the semis.
An objection has been submitted concerning the potential for nuisance to nearby neighbours during construction works. This concern is often expressed by neighbours of a development site. It is not appropriate to try to use planning conditions to protect against such concerns; Environmental Health legislation is in place to deal with such matters should it become necessary.
Amenity of proposed dwellings
The new dwellings would each have an area of private garden, which is comparable to nearby properties. The relationship between dwellings is considered to be similar to other existing neighbouring properties. The size of garden area to the semis is similar to garden areas previously approved on appeal. The amenity associated with the proposed dwellings is considered acceptable.
Access and parking
This has been a key factor in the refusal of previous applications and the dismissal of appeals. It has been accepted that Shelley Road is sub-standard and the proposal to increase the number of dwellings it serves has been resisted on grounds of highway safety. Similarly the absence of adequate off-street parking has also led to refusal of planning permission, supported on appeal ( ref. 03/19457/003/F). The applicant has sought to overcome this by providing off-street parking and by widening the initial section of Shelley Road by a metre thereby improving the situation for existing users of the highway too. The Transportation Officer regards the widening of the highway as an acceptable improvement such that the application is supported, subject to appropriate conditions. These include the carrying out of the works to the highway before the development of the houses takes place.
GRANT – Subject to a Section 106 Agreement for:
1. A financial contribution of £6780 (plus administration fee) towards the provision of recreational facilities in accordance with Policy L17 of the Poole Local Plan First Alteration Adopted 2004 (as amended by the Secretary of State direction September 2007).
2. A financial contribution of £4947 (plus administration fee) towards mitigating the harm to SSSI Dorset Heathlands in accordance with the Interim Planning Framework and Policies NE15, NE16 and NE17 of the Poole Local Plan First Alteration Adopted 2004 (as amended by the Secretary of State direction September 2007).
3. A financial contribution of £3138 (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 (as amended by the Secretary of State direction September 2007).