BOROUGH OF POOLE – PLANNING COMMITTEE – 14NOVEMBER 2013
BOROUGH OF POOLE
PLANNING COMMITTEE
14NOVEMBER 2013
The Meeting commenced at 1:00pm and concluded at 4:06pm
Present:
Councillor Eades (Chairman)
Councillor Pawlowski (Vice-Chairman)
Councillors Brown, Burden, Mrs Clements, Parker, Potter, Mrs Wilson, Wilson and Woodcock
Others in attendance:
Councillors Mrs Chandler and Sorton
Members of the public present: Approximately 22
The Team Leader (Regulatory) advised Members of the public of the domestic arrangements, including the fact that the filming and/or recording of the Meeting’s proceedings was not permitted.
PC 51.13APOLOGIES FOR ABSENCE
There were no apologies for absence.
PC 52.13DECLARATIONS OF DISCLOSABLE PECUNIARY INTEREST
There were no declarations of disclosable pecuniary interest
Other Non-Statutory Interests Members wished to be recorded
All Councillors had been lobbied on Plans List Item Numbers 1 and 8.
Councillor Brown, Burden, Mrs Clements, Parker, Pawlowski, Potter, Mrs Wilson, Wilson and Woodcockhad been lobbied onPlans List Item Number4.
The Applicant of Plans List Item Number 11 was known to all Members
Councillor Wilson informed the Meeting that one of his relations lived in the same street as the Applicant at Plans List Item Number 9 (Lincoln Road)
PC 53.13MINUTES
RESOLVED that the Minutes of the Planning Committee, held on 14October 2013, having been previously circulated, be taken as read, approved as a correct record and signed by the Chairman.
PC 54.13PLANNING APPLICATIONS
The Committee considered the Planning Applications as set out in the Schedule to the Minutes and dealt with therein.
PC55.13PLANNING APPEALS RECEIVED AND PLANNING APPEAL DECISIONS RECEIVED
The Information Report was noted.
PC57.13SUCH OTHER BUSINESS AS, IN THE OPINION OF THE CHAIRMAN, IS OF SUFFICIENT URGENCY TO WARRENT CONSIDERATION
There was no urgent business.
CHAIRMAN
APPENDIX
SCHEDULE TO THE MINUTES OF THE MEETING OF THE PLANNING COMMITTEE DATED 14 NOVEMBER 2013
PLANNING APPLICATIONS
ITEM NO / 01APPLICATION NO. / APP/13/01035/F
APPLICATION TYPE / Change of Use
SITE ADDRESS / Dovey Premium Products Ltd, DPP House, 498 Blandford Road, Poole, BH16 5BN
PROPOSALS / Change of use from warehouse Use Class B8 to a mixed use: Use Class B8 and freezer food centre (Class A1)
REGISTERED / 19 August, 2013
APPLICANT / Dovey Premium Products Ltd
AGENT / Sibbett Gregory
WARD / Hamworthy West
CASE OFFICER / Emma MacWilliam
The Application was before the Committee at the request of the Applicant.
The Application was the subject of a Members’ Site Visit on 14 November 2013. The Visit commenced at 10:00am and concluded at 10:20am.Councillors Eades, Pawlowski, Brown, Burden, Mrs Clements, Parker, Potter, Mrs Wilson, Wilson and Woodcock were in attendance.
Emma MacWilliam, Planning Officer, gave a site description and referred to Site plans as appended to the Report and photographs of the Site and surrounding area.
Reference was made to the Addendum Sheet, and, in particular, details of a further letter of representation and notification of a Red Card from Councillor Chandler.
The Presentation continued with a summary of the relevant planning history, pre-application advice, consultations, planning considerations and judgement.
In conclusion, the Planning Officer stated that the introduction of an A1 use in an existing employment area would usually be contrary to the provisions of the Development Plan. In this instance, it was recognised that the granting of Planning Permission could result in the creation of a small number of additional jobs and might make the existing jobs on the Site more secure. The Council’s monitoring of employment sites nevertheless suggested that there was a limited availability of vacant industrial premises in Hamworthy. It was recognised that the Unit had been vacant for more than two years and that the marketing that had taken place over that period had resulted in limited interest, notwithstanding offers of rent reductions and other incentives.
There nevertheless remained a fundamental policy objection to the introduction of the proposed use in that the Proposals were contrary to the provisions of the Development Plan. The Case submitted did not present sufficient evidence to demonstrate why this use would be appropriate in this location or why a material departure from adopted development policy would be justified. It had not been clearly demonstrated that there was an overriding need for the retail unit to be in this location nor had it been demonstrated that there was a local need for it that would outweigh departing from Policy PCS02 which sought to retain existing employment in B1, B2 and B8 uses. The creation of three jobs in A1 Use did not justify the proposed retail use in the employment area and did not fall within the employment type that the Policy sought to retain. The evidence submitted failed to justify either compliance with Policies PCS01, PCS02, PCS13 or DM3 or an exception.
Mr Brown, Agent for the Applicant, expressed his views, details included:
- Not a change of use, just a request for mixed use
- Same products involved
- 90% of floor space would remain as warehouse use and 10% as retail use
- Principle use would remain within the permitted use of the site
- Units would not be severed
- Never the intention to create separate units
- Previous business of distribution of wine/spirits had been sold
- Vacant space had been the subject of a three year marketing strategy
- Current business had been affected by the recession
- Turnover had reduced by 20%
- Incentives for prospective tenants had not worked
- Needed to safeguard jobs
- Relocation not possible due to costs
Mr Dovey, Applicant, expressed his views, details included:
- Family business
- Over the years had employed hundreds of Poole residents
- Needed to protect local jobs
- Turnover had reduced by £2M due to the recession
- Goadsby and Harding had actively marketed the space, incentives such as periods of half rent had not worked.
- Staff were concerned regarding the drop in turnover
- Needed to diversify
- Had consulted extensively
- Needed to change in order to revive the business
Ward Councillor Chandler expressed his views, details included:
- Application had the full support of Ward Councillors
- Proposal had a wider community benefit
- Officer recommendation to refuse was not clear cut
- Referred to email that indicated that Planning Officers were originally going to recommend approval
- Site was formally Great Mills DIY, a retail unit
- Building was a specially designed “freezer building”
- Proposal was to bolster existing business
- Needed to save existing jobs
- Referred to PCS02
- The Lidl store in Hamworthy was also on the Industrial Estate
Officers responded to Members’ requests for clarification, details included:
- An explanation was given regarding the proposals for vehicle/lorry movements in and out of the Site.
- The former use of the Site was retail
- The retail facility could provide additional employment for 3 full time equivalents
- Lidl store was also in the Industrial Estate
- The freezer food distribution business employed 26 full time equivalents
A Member stated that when reading the Case Officer’s Report, she found it difficult to visualise how a retail unit would work in the Industrial Estate. Following the Site Visit, however, she felt that it would work well and compliment the existing business.
A Member stated that the former use of the Site was a DIY Store and the Lidl store was also on the Estate, and therefore could not support the Officer recommendation to refuse.
A Member stated that he had purchased many items from retail outlets on the Industrial Estate so the proposal would not be unique to the area.
On being put to the vote, the Officer recommendation to refuse was LOST
Voting: Against – Unanimous
The Committee continued by discussing conditions, details included:
- Frozen/chilled goods restriction
- Only 200m2 as per the approved plans
- Restricted times of operation/deliveries
- Provision of parking
- Gates to control vehicle circulation
- Access restrictions
- No additional refrigerator units without further consent
- Schedule of approved plans
RESOLVED that, contrary to Officer recommendation, Planning Permission be Granted for the following reasons:
Reasons
- The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission.
This condition is required to be imposed by the provisions of Section 91 of the Town and Country Planning Act 1990 and amended by Section 51(1) of the Planning and Compulsory Purchase Act 2004.
- Notwithstanding the provisions of the Town and Country Planning (Use Classes) (Amendment) Order 2005 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 retail sales of frozen and chilled food purposes only in association with the use of the building as a distribution centre for frozen foods purposes only and for no other use purposes, whatsoever, including any other purpose in Class A1 of the Town and Country Planning (Use Classes) Order 2005 or any subsequent re-enactment, without formal planning permission first being obtained. Details of the proposed mix of accompanying chilled and ancillary products, as referred to in the Supporting Planning Statement submitted by Malcolm Brown of Sibbett Gregory, received 19th August 2013, shall be submitted and approved by the Local Planning Authority before the retail use commences.
The site is within an established employment area where retail uses are not usually appropriate and has been approved on this occasion because of the close association of the proposed use with the existing business and in accordance with Policy PCS1, PCS2 and PCS26 of the Poole Core Strategy (Adopted 2009) and Policy DM3 of the Poole Site Specifics Allocations & Development Management Policies DPD (Adopted 2012).
- Only the 200 square metre floor area as shown on the proposed floor plans shall be used for the display and sale of frozen foods and agreed chilled and ancillary products. The remainder of the floor area of the unit, including the second/mezzanine floor, shall be retained in the B8 (Storage & Distribution) use unless otherwise agreed by the Local Planning Authority.
To ensure the retention of B8 employment use within the Existing Employment Area and in accordance with Policy PCS1 and PCS2 of the Poole Core Strategy.
- The B8 and frozen food retail uses hereby permitted, including vehicle movements and the loading and unloading of vehicles, shall not operate outside the hours of 0600 - 1900 hours Monday to Friday and 0600 - 1800 hours on Saturdays and not at all on Sundays or Public Holidays.
In the interests of the residential amenity of the neighbouring properties to the north of the application site on Willow Close and in accordance with Policy DM1 of the Poole Site Specifics Allocations & Development Management Policies DPD (Adopted 2012).
- The frozen food retail use hereby permitted shall not be brought into use until the vehicular access, areas for the manoeuvring and parking of vehicles and cycle parking have been laid out as detailed on the approved plan, surfaced and marked out, and these shall thereafter be retained and kept available for those purposes at all times.
In the interests of highway safety and in accordance with Policy PCS15 of the Poole Core Strategy (Adopted 2009), Policies DM7 and DM8 of the Poole Site Specific Allocation and Development Management Policies DPD (Adopted 2012) and Parking and Highway Layout in Development DPD (Adopted 2011).
- Vehicles associated with the B8 use of the site shall enter only via the Blandford Road vehicular access and exit only via Allens Lane and the existing signs and markings provided concurrently with these accesses shall be permanently retained. Vehicle access through the site from Blandford Road through to Allens Lane shall be maintained at all times to facilitate the loading and unloading of goods vehicles.
To prevent vehicles reversing onto Blandford Road in the interests of highway safety and in accordance with Policy PCS15 of the Poole Core Strategy (Adopted 2009), Policies DM7 and DM8 of the Poole Site Specific Allocation and Development Management Policies DPD (Adopted 2012) and Parking and Highway Layout in Development DPD (Adopted 2011).
- Customers and vehicles associated with the frozen food retail use of the site shall both enter and exit the site from Allens Lane. Appropriate signs and markings shall be provided and retained thereafter to the satisfaction of the Local Highway Authority.
To prevent conflict between vehicles and pedestrians associated with the different uses on the site in the interests of highway safety and in accordance with Policy PCS15 of the Poole Core Strategy (Adopted 2009), Policies DM7 and DM8 of the Poole Site Specific Allocation and Development Management Policies DPD (Adopted 2012) and Parking and Highway Layout in Development DPD (Adopted 2011).
- The new access/security gate sited towards the rear (north east elevation) of the unit and the gate sited towards the front (south west elevation) of the building shall be constructed prior to the frozen food retail function hereby approved being brought into use. These gates shall be retained in place at all times and only opened to allow vehicles which have entered the site through the Blandford Road access to leave the site via Allens Lane.
To separate the frozen food retail and B8 uses on the site and to prevent conflicts between pedestrians and vehicles on the site in the interests of highway and pedestrian safety and in accordance with Policy PCS15 of the Poole Core Strategy (Adopted 2009), Policies DM7 and DM8 of the Poole Site Specific Allocation and Development Management Policies DPD (Adopted 2012) and Parking and Highway Layout in Development DPD (Adopted 2011).
- Vehicles shall not be parked with motors or refrigeration units running on site before 0730 or after 1800 hours Monday to Saturday and not at all on Sundays or Public Holidays.
In the interests of the residential amenity of the neighbouring properties to the north of the application site on Willow Close and in accordance with Policy DM1 of the Poole Site Specifics Allocations & Development Management Policies DPD (Adopted 2012).
- No additional refrigeration equipment and/or ventilation motors other than those agreed under this Planning Permission in accordance with the details submitted in Appendix 2 of the Supporting Planning Statement submitted by Malcolm Brown of Sibbett Gregory, received 19th August 2013 and as shown on the approved floor plan received 2nd October 2013.
In the interests of the residential amenity of the neighbouring properties to the north of the application site on Willow Close and in accordance with Policy DM1 of the Poole Site Specifics Allocations & Development Management Policies DPD (Adopted 2012).
- The development hereby permitted shall be carried out in accordance with the following approved plans:
Reason:
For the avoidance of doubt and in the interests of proper planning.
FOR - Unanimous
ITEM NO / 02APPLICATION NO. / APP/13/00872/F
APPLICATION TYPE / Full
SITE ADDRESS / Burwood Nursing Home, 100 Dunyeats Road, Broadstone, BH18 8AL
PROPOSALS / Continued use of nursing home, comprising no. 42 x 1 bed en-suite units, ancillary accommodation & associated parking without complying with condition 4 of planning permission APP/09/01333/F (as amended by dwg nos. Q793-1106/F, 1107/F, 1108/F & 1109/F received on 27.09.13 and dwg nos. Q793-1002/F, Q793-1114/E & Q793-1115/F received on 11.10.13).
REGISTERED / 23 July, 2013
APPLICANT / Mr & Mrs Haines
AGENT / Mr Jobbins
WARD / Broadstone
CASE OFFICER / David Mansell
The Application was before the Committee as the Head of Planning and Regeneration Services did not consider it prudent to exercise delegated powers due to the history of the Proposal.
The Application was the subject of a Members’ Site Visit on 14 November 2013. The Visit commenced at 10:30am and concluded at 11:00am Councillors Eades, Pawlowski, Brown, Burden, Mrs Clements, Parker, Potter, Mrs Wilson, Wilson and Woodcock were in attendance.
Richard Genge, Planning and Regeneration Manager, gave a site description and referred to Site plans as appended to the Report and photographs of the Site and surrounding area.
Reference was made to the Addendum Sheet, and, in particular, details of further letters of representation from residents in Water Tower Road.
The Presentation continued with a summary of the relevant planning history, consultations, representations, planning considerations and judgement.
In conclusion the Planning and Regeneration Manager stated that given the changes to both west and east elevations that had taken place in the form of several revisions made to the original consent considered as non-material amendments it was considered acceptable that this particular case to allow the use of the nursing home to continue without complying with Condition number 4 would not prejudice Policies PSC07 and DM01.
Such an approach to amenity regarding distances between C2 Nursing Homes and neighbouring C3 Housing was consistent with other planning consents granted within the Borough and it was considered that such a consistent approach should be taken.
As such the continued use of the Nursing Home without complying with Condition 4 was considered acceptable subject to theimposition of all the relevant conditions attached to the original consent that included updated floor plan drawing numbers and the preventionof green roofs being used as balconies.
Mrs Cowley, Objector, expressed her views, details included:
- Lived adjacent to the Application Site on the west elevation
- When originally constructed, trees were felled illegally therefore overlooking was more of a problem
- Loss of amenity
- Quoted PCS07
- Balconies installed with clear glass, and no action taken
- Openly breached condition number 4
- Previous application was refused due to overlooking
- Complete loss of privacy
- Able to see medical procedures in residents’ rooms
- Complete lack of dignity for residents
- Many residents remained in their rooms all day
- Pedestrians in Water Tower Road could look into bedroom windows
- Borough of Poole needed to enforce existing conditions
Mr Jessop, Applicant, expressed his views, details included: