Borough of Poole
Planning Committee
List of Planning Applications
22 October, 2009
BOROUGH OF POOLE
Planning Committee
DATE: 22 October 2009 at 09:30
NOTES:
1. Items may be taken out of order and therefore no certain advice can be provided about the time at which any item may be considered.
2. Applications can be determined in any manner notwithstanding the recommendation being made.
3. Councillors who are not members of the Planning Committee but who wish to attend to make comments on any application on this list or accompanying agenda are required to give notice by informing the chairman or Head of Planning and Regeneration Services before the meeting.
4. Councillors who are interested in the detail of any matter to be considered should consult the files with the relevant officers to avoid queries at the meeting.
5. Any members of the public wishing to make late additional representations should do so in writing or by contacting their Ward Councillors prior to the meeting.
6. Letters of representation referred to in these reports together with any other background papers may be inspected at any time prior to the Meeting and these papers will be available at the Meeting.
7. For the purposes of the Local Government (Access to Information) Act 1985, unless otherwise stated against a particular report, “background papers” in accordance with section 100D will always include the case officer’s written report and any letters or memoranda of representation received (including correspondence from all internal Borough Council Service Units).
8. Councillors are advised that if they wish to refer to specific drawings/plans which are not part of these papers to contact the relevant case officer at least 24 hours before the meeting to ensure these can be made available.
9. Members are advised that, in order to reduce the size of the agenda, where conditions are marked on the plans list as Standard these will no longer be reported in full. The full wording of the condition can be found either in hard copy in the Members rooms, or via the following link on the Loop http://bopwss3/sus/ww/Shared%20Documents/Standard%20Conditions.doc
TABLE OF CONTENTS
Planning Committee
22 October 2009 at 09:30
Not before 09:3001 / land r/o 7-10 Boldre Close / APP/09/00548/F / KAC
02 / land to the rear of 16 -18 Buckingham Road, Poole, BH12 2HR / APP/09/00549/F / KAC
03 / Compton Acres, Canford Cliffs Road, Poole, BH13 7ES / APP/09/00602/F / CLM
04 / 193 Turlin Road, Poole, BH16 5AQ / APP/09/00721/C / JRG
05 / 1a & 3 Chaddesley Glen, Poole, BH13 7PA / APP/09/00840/F / KAC
Not before 11:30
06 / Patricks Restaurant, 1 Bournemouth Road, Poole, BH14 0EG / APP/09/00865/F / JRG
07 / 2 Dunyeats Road, Broadstone, BH18 8AG / APP/09/00876/C / CD
08 / 10 Wilderton Road, Poole, BH13 6EE / APP/09/00893/F / EG
09 / 10 Wilderton Road, Poole, BH13 6EE / APP/09/00894/U / EG
10 / 1 Carlton Grove, Poole, BH12 2DD / APP/09/00909/F / CD
11 / 75 Creekmoor Lane, Poole, BH17 7BW / APP/09/00917/F / CHM
Not before 14:00
12 / 8 Shottsford Road, Poole, BH15 3DU / APP/09/00967/F / JRG
13 / 21 Wilderton Road, Poole, BH13 6ED / APP/09/00971/F / CHM
14 / 21 Wilderton Road, Poole, BH13 6ED / APP/09/00972/U / CHM
Item No: / 01
Case Officer: / Kevin Chilvers
Site: / land r/o 7-10 Boldre Close
Application No: / APP/09/00548/F
Date Received: / 15 May, 2009
Agent: / Ken Parke Planning Consultants
Applicant: / Mr Christopher
Development: / Erect a 3 bedroom detached dwelling utilising an existing access from Boldre Close
Ward: / I090 Alderney
This application is brought before committee at the request of Councillor Wilson due to history of site, neighbours concerns,impact to access on neighbouring properties.
Relevant Planning Policy
The following policies of the Poole Local Plan First Alteration (Adopted 2004) (as amended by the Secretary of State Direction September 2007) and the Poole Core Strategy (as amended by the Binding Report on the Examination), adopted on 19 February 2009 are relevant to this application:
BE02 / LandscapingL17 / Provision for Recreational Facilities
T13 / Traffic Generated by Development
NE16 / Sites of Special Scientific Interest
PCS05 / Broad Locations for Residential Development
PCS08 / Lifetime Homes
PCS15 / Access and Movement
PCS23 / Local Distinctiveness
PCS28 / Dorset Heaths International Designations
PCS35 / Energy And Resources Statements
PCS32 / Sustainable Homes
Site Description
The proposal is on a backland site adjacent to two detached dwellings, with access obtained between 6 and 7 Boldre Close.
The two existing detached dwellings face south-westwards towards a block of garages which flank the boundary of 1-2 Boldre Close.
There is other contiguous vacant land in the applicant's ownership to the north and east, bordering rear gardens of properties in Buckingham Road, Boldre Close and Herbert Avenue.
The residential dwellings in Buckingham Road are mainly two storey and the remainder are bungalows with the exception of nos. 5-10 Boldre Close which are chalet bungalows.
Relevant Planning History
2004 - Application to erect two flats with parking provision below was refused in September because proposal was considered to be overdevelopment with a cramped layout resulting in problems of overlooking, insufficient amenity space and limited turning/manouvering space, and parking problems in adjoining highway (04/28148/09)
2002 - Two applications for a three bed detached house with detached garage refused - the latter application being dismissed on appeal because the Inspector concluded the proposal was a cramped form of development detrimental to residential amenity of future occupiers and harmful to the character of the area, and also that harm would be caused to highway safety because of the consequential lack of parking provision (28148/06 and /07)
Current Proposal
Erect a 3 bedroom detached dwelling utilising an existing access from Boldre Close
Representations
Neighbours
5 letters of objection raising the following concerns:
· impact on vehicular access to rear of existing properties and consequent impact on parking/servicing in area
· proposal will exacerbate nuisance from existing properties let to students
· proposal will exacerbate damage to existing access caused by previous development
· overdevelopment and precedent
· inadequate parking and access
· noise/smell nuisance especially from bin storage
· proximity to and impact on outlook/sunlight/privacy of adjacent properties
· low level of amenity space and poor outlook for future occupiers of development
· density and type of residential development is inappropriate, should have better mix of accommodation.
· proximity to SSSI
· inadequate landcaping
Natural England
No objections raised subject to satisfying the adopted policy for mitigation. Nb the site lies beyond the 400m zone.
Head of Transportation Services
The scheme is similar to previous applications which have been refused based upon the loss of parking that would be incurred through the erection of an additional dwelling on this site; one refusal lead to the dismissal of a related appeal on the grounds that an additional dwelling in this location would result in an unacceptable loss in parking.
It is not apparent how the applicant has justified the loss of parking that would result from the proposal, and as the parking situation on Boldre Close has not changed significantly to allow for less parking since the previous similar applications, it would likely result in the loss of turning space in Boldre Close and hazardous reversing manoeuvres along the road.
The application should therefore be refused on grounds that the proposal would lead to an unacceptable loss of parking and hazardous road movements contrary to PCS26, PCS15 and T13.
Planning Considerations
There is no objection in principle to redevelopment of brownfield land for residential purposes. It is however, necessary to consider the impact of such development having regard to the characteristics of the site and given the planning history of the site consideration needs to be given to whether the proposal overcomes the reasons for refusal of the previous schemes.
· The close juxtaposition of the proposed dwelling to the existing detached dwelling on the adjacent site would result in a terracing effect to the properties on this backland site. The scale and mass of the proposed dwelling in combination with the existing properties would result in a dominant built form in close proximity to the rear boundaries of 5 to 10 Boldre Close to the detriment of the character and appearance of the area. Whilst of a comparable plot size to the adjacent dwellings given the close proximity to the retained paved courtyard and parking area, the proposal would appear overdeveloped and constrained lacking a spacious setting.
· The first floor windows in the front elevation of the dwelling would overlook the existing dwellings at 5 and 6 Boldre Close and would result in a significant loss of privacy to those properties.
· The proposal does not make provision for the storage of refuse bins within the backland site for the proposed and existing dwellings, and given that the site would be inaccesible to refuse vehicles such lack of storage would result in servicing problems and conflict between users of the access.
· Given the concerns raised by the Head of Transportation Services the proposal is recommended for refusal due to the loss of parking and impact on highway safety.
· The applicant has submitted a unilateral undertaking in order to secure the contributions required in connection with the mitigation of impact on the Heathlands, Recreation provision and Transportation infrastructure, but to date the agreement has not been completed and reasons for refusal are therefore recommended to reflect the fact that contributions have not been secured.
RECOMMENDATION
Refuse
1 - RR000 (Non Standard Reason)The proposal would introduce an unacceptable loss of parking, likely resulting in hazardous road movements that would contradict policies PCS26 and PCS15 of the Poole Core Strategy adopted 2009, and T13 of the Poole Local Plan First Alteration adopted 2004 (as amended by Secretary of State Direction September 2007).
2 - RR000 (Non Standard Reason)
The proposal fails to make adequate provision for refuse storage (and collection facilities) and would be likely to result in the indiscriminate siting of bins and other refuse around the site detrimental to the amenities of the future occupiers of the dwellings/flats and harmful to the appearance of the area. This may also be likely to lead to a highway danger to both pedestrians and vehicular traffic. The proposal is therefore contrary to policies PCS05 and PCS23 of the Poole Core Strategy and Policy NE1 of the Poole Local Plan First Alteration Adopted 2004 (as amended by Secretary of State Direction September 2007).
3 - RR000 (Non Standard Reason)
The proposal would be contrary to Policies PCS05 and PCS23 of the Poole Core Strategy adopted 2009in that the site coverage and spacing of buildings does not respect the setting and character of the site and would not contribute positively to the character of the area. The proposed dwelling would also result in overlooking of and loss of privacy to nos 5 and 6 Boldre Close to the detriment of the amenities of the occupiers of those properties.
4 - 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 2004 (as amended by the Secretary of State 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.
5 - RR090 (SE Dorset Transport Contribution Scheme)
The proposal fails to secure the appropriate mitigation as recommended in the South East Dorset Transportation Contribution Scheme SPG adopted by Poole Council 7 April 2009 (amended 1 June 2009). Contributions are necessary to ensure the Developer addresses the transportation impact generated by the proposed development. Without suitable mitigation and infrastructure improvements there is a real danger that the proposal will have a detrimental affect on the economy, environment, accessibility and road safety. As such the proposal is contrary to the aims of the Poole Core Strategy Policies PCS 36 & PCS 37, saved Local Plan Policy T13 and the adopted Transportation Contributions Scheme SPG.
6 - RR060 (5Km of a Site of Specific Interest)
The proposal is within 5Km of a Site of Specific Interest (SSSI). This SSSI is also part of the designated Dorset Heathlands SPA (Special Protection Area) and Ramsar site, and is also part of the Dorset Heaths SAC (Special Area of Conservation). The proximity of these European sites (SPA and SAC) means that determination of the application should be undertaken with regard to the requirements of the Habitat Regulations 1994, in particular Regulations 48 and 49.
If the Council had been minded to grant permission in all other respects it would have to carry out an appropriate assessment in accordance with the advice and procedure set out broadly in Circular 06/2005. The applicant has failed to demonstrate in accordance with the Habitat Regulations that the proposals will cause no harm to the SPA and SAC heathland. It is clear, on the basis of advice from English Nature that, the proposed development would in combination with other plans and projects within close proximity to heathland and in the absence of any form of acceptable mitigation be likely to have an adverse effect on the heathland special features including those which are SPA and SAC features. Having regard to the Waddenzee judgement (ECJ case C-127/02) the Council is not in a position to be convinced that there is no reasonable scientific doubt to the contrary. For these reasons, and without needing to conclude the appropriate assessment, the proposal is considered contrary to the Environmental policies A, B, C and D of the Bournemouth, Dorset and Poole Structure Plan as well as the recommendations of the Berne Convention Standing Committee on urban development adjacent to the Dorset Heathlands and also Policy, NE16 of the Poole Local Plan (First Alteration) Adopted 2004 and Policy PCS28 of the Poole Core Strategy.
Informative Notes