BOROUGH OF POOLE
PLANNING COMMITTEE
30 AUGUST 2007
The Meeting commenced at 10:00am and concluded at 4:30 pm.
Present:
Councillor Mrs Stribley (Chairman)
Councillor Mrs Deas (Vice-Chairman)
Councillors Allen, Eades (substituting for Councillor Mrs Long), Gillard (substituting for Councillor Parker), Mrs Hillman, Trent, White, Wilkins and Wilson.
Also present:
Members of the public present: 40 approximately.
P34.07 APOLOGIES FOR ABSENCE
Apologies for absence were received from Councillor Mrs Long and Parker.
P35.07 MINUTES
RESOLVED that the Minutes of the Meeting held on 19 July 2007 (re-convened on 6 August) and the Meeting of the Planning Committee held on 6 August 2007 (Red Carded Telecommunications Planning Applications) be approved as a correct record and signed by the Chairman.
It was noted that three minor amendments had been made to Minute P28.07 – Planning Applications (Schedule One of the Minutes) after the papers had been circulated to Members:-
(i) Page 16 paragraph 2 – second line delete the word ‘widened’ and add the word ‘lowered’.
(ii) Page 22 – reason for refusal 1 amended by the addition of the following sentence: “nor would it meet the aspirations set out in section 2 of the adopted Supplementary Planning Guidance “Shoreline Character Areas” which identifies the need to protect the delicate balance between the wooded backdrop of this site and the built environment’.
(iii) Page 24 – voting to read: 8 refused, 0 grant, 0 abstentions.
P36.07 DECLARATIONS OF INTEREST
Councillor Mrs Stribley declared a prejudicial interest in Plans List Item 4, because she lived close to the site. She indicated her intention to withdraw from the Meeting for this item. She also declared a personal interest in Plans List items 5, 6, 7, 11, 14, 15 and 18, having received written and/or verbal representations.
Councillor Mrs Deas declared a prejudicial interest in Plans List item 15, because she lived in the road concerned. She indicated her intention to withdraw from the Meeting for this item. She also declared a personal interest in Plans List items14, 18 and 19, having received written representations.
Councillor Allen declared a prejudicial interest in Plans List items 2 and 3, because he lived in the road concerned. He indicated his intention to withdraw from the Meeting for these items. Additionally, he declared a personal interest in Plans List items 7, 14, 18 and 19 having received written representations. He also stated he was acquainted with the Applicant for Plans List item 17.
Councillor Wilkins declared a personal interest in Plans List items 7, 14, 18 and 19, having received written representations.
Councillor Mrs Hillman declared a personal interest in Plans List items 7, 14, 18 and 19, having received written representations.
Councillor Gillard declared a personal interest in Plans List items 4, 7, 14, 18 and 19, having received written representations.
Councillor White declared a personal interest in Agenda item 5 and Plans List item 1, having received written and verbal representations and Plans List items 2, 3, 7, 14, 18 and 19, having received written representations.
Councillor Eades declared a personal interest in Plans List items 8, because he was acquainted with the Applicant and 14,having received written representations.
Councillor Trent declared a personal interest in Plans List items 7 and 18 and indicated that he would not take part in the discussion or voting in Plans List 18.
Councillor Wilson declared a prejudicial interest in Plans List item 7, because an extended family member was an employee of the Applicant and indicated his intention to withdraw from the Meeting for this item. He declared a personal interest in Plans List items 4, 18 and 19, having received written representations.
P37.07 22-34 HAMILTON ROAD, POOLE – ALTERATIONS AND EXTENSIONS TO NO.26, TO FORM NEW ACCESS ROAD, SEVER LAND AT THE REAR AND ERECT 9 HOUSES WITH ASSOCIATED GARAGES AND PARKNIG (07/32430/001F)
This Application had been deferred on 19 July, Minute P28.07 (item 10 refers) for further negotiations with the Applicant with a view to a revised scheme being brought back to Committee at the earliest opportunity. Amended plans dated 8 August 2007 had been received and following re-consultation, two further letters had been submitted raising concerns regarding the density of development, lack of children’s play space and public sewer issues.
The Committee considered that this was a much improved layout which could be improved further by the use of block paving to achieve a road surface such as a home zone, with the road being made up to an adoptable standard. This could be achieved by agreement between the Developer and the Council.
RESOLVED that the Application be granted subject to a Section 106 Agreement for:
1. A financial contribution of £24,860 (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 £17,391 (plus administrative fee) towards mitigating the harm of additional residential properties on SSSI Heathlands and in accordance with Policies NE15, NE16, NE17 and the Dorset Heathlands Interim Planning Framework 2006-2009.
3. A financial contribution of £11,000 (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 condition(s)
1 - GN150 (Detailed Permission - Time Expiry 3 Years (Standard) )
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.
Reason -
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.
2 - GN020 (Screen Fencing/Walling - Submission of Details Required )
No development shall take place until details/a 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 before the buildings are 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 BE1 of the Poole Local Plan First Alteration (Adopted 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 - GN100 (No Further Windows in the Specified Elevation(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 windows/dormer windows (other than those expressly authorised by this permission) shall be constructed in the side elevations (such expression to include the roof and wall) of plot No's 1, 2, 4, 7 & 10 hereby permitted, unless otherwise agreed in writing by the Local Planning Authority.
Reason -
To avoid loss of privacy to adjoining properties and in accordance with Policy H4 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 coloured pink on the approved plans 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 H4 of the Poole Local Plan First Alteration (Adopted 2004).
6 - HW100 (Parking/Turning Provision )
The development hereby permitted shall not be brought into use until the access, turning space and vehicle 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 Policies T11 & T13 of the Poole Local Plan First Alteration (Adopted 2004).
7 - HW140 (Road Layout - Submission of Details Required )
Plans and particulars showing the layout and use of materials, together with details of levels, sections, drainage and street lighting of the proposed road(s), shall be submitted to, and approved in writing by, the Local Planning Authority and development shall not be commenced before these details have been approved, unless otherwise agreed in writing.
Reason -
In order that the Local Planning Authority may be satisfied with the details of the proposal, to encourage a home zone use of the area and in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).
8 - HW160 (Road Completion in Two Years or 75% of Development )
Within a period of two years (or such period as may be defined in any separate Agreement concluded with the Local Highway Authority pursuant to Section 38 of the Highways Act 1980), or within six months of the completion of 75% of the buildings if this is sooner, completion of the roadworks to an adoptable standard shall occur. This will entail the making good of works previously undertaken and the final surfacing, grassing and landscaping, in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority.
Reason -
In the interests of highway safety and convenience, and a well co-ordinated development in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).
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 designated as visibility splays coloured red 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 T13 of the Poole Local Plan First Alteration (Adopted 2004).
10 - HW210 (Building Operatives Parking )
Prior to the commencement of development, the developer shall agree in writing with the Local Planning Authority and subsequently provide a temporary car park within or near the site to accommodate operatives and construction vehicles in accordance with the agreed details for the whole contract period, unless otherwise agreed in writing by the Local Planning Authority.
Reason -
In the interests of highway safety and convenience and in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).
11 - LS020 (Landscaping Scheme to be Submitted )
No development shall take place until proposals for the landscaping of the site have been submitted to, and approved in writing by, the Local Planning Authority. The landscaping scheme shall include provision for landscape planting, including no less than 3 trees, the retention and protection of existing trees and other site features, walls, fencing and other means of enclosure and any changes in levels.
Upon approval:
a) the approved scheme shall be fully implemented with new planting carried out in the planting season October to March inclusive following occupation of the building(s) or the completion of the development whichever is the sooner, or in accordance with a timetable to be agreed in writing with the Local Planning Authority;
b) all planting shall be carried out in accordance with British Standards, including regard for plant storage and ground conditions at the time of planting;
c) the scheme shall be properly maintained for a period of 5 years and any plants (including those retained as part of the scheme) which die, are removed or become damaged or diseased within this period shall be replaced in the next planting season with others of a similar size and the same species, unless the Local Planning Authority gives written consent to any variation; and
d) the whole scheme shall be subsequently retained.
Reason -
In the interests of visual amenity, to ensure that the approved landscaping scheme is carried out at the proper times and to ensure the establishment and maintenance of all trees and plants in accordance with Policy BE2 of the Poole Local Plan First Alteration (Adopted 2004).
12 - TR070 (Tree Protection - Protective Fencing During Construction )
Heras style fencing at a minimum of 2m high shall be erected and scaffold braced around the protected trees in accordance with the anotated site plan hereby approved prior to the commencement of works and thereafter retained, unless with the prior written consent of the Local Planning Authority to any variation.
Such fencing shall be erected before any equipment, machinery or materials are brought on to the site and before any ground clearance, demolition or construction work, including the erection of site huts, is commenced. Such fencing shall not be removed or breached during construction operations without prior written approval by the Local Planning Authority, but shall remain in place for the entire development phase and until all equipment, machinery and surplus materials have been removed from the site.
Within the areas so fenced, the existing ground levels shall not be altered and there shall be no development or development-related activity of any description, including trenches or pipe runs for services or drains, the deposit of spoil or the storage of materials.