21 Dorset Lake Avenue

AGENDA ITEM 5

BOROUGH OF POOLE

PLANNING COMMITTEE – THURSDAY 22 NOVEMBER 2006

REPORT OF HEAD OF PLANNING DESIGN AND CONTROL SERVICES AS PRESENTED TO PLANNING COMMITTEE

21 DORSET LAKE AVENUE

TO ERECT A DOUBLE GARAGE AND RELOCATION OF CYCLE AND BIN STORE

1. Matter for Consideration

1.1 To consider the planning application for the erection of a double garage and relocation of approved bin and cycle stores.

1.2 This application was initially considered by the Planning Committee at its meeting on 24th August 2006, when it was resolved to delegate the application to the Head of Planning Design and Control to approve upon securing an alternative location for the bin store to allow refuse collections to be made from Dorset Lake Avenue.

1.3 A copy of the report considered is attached as appendix 1.

2. Recommendation

2.1 That Members accept the recommendation and approve the application as considered on the 24th August 2006, without further amendments, including the provisions for collection of refuse from Sanbanks Road.

3. Background

3.1 The proposal is to;

· Erect a flat roof double garage on the southern side of the block of flats, No.21 Dorset Lake Avenue.

· Relocate the bin and cycle stores to a position on the east boundary, adjacent to a pedestrian access from Sandbanks Road.

4. The Proposal

4.1 Following the Committee meeting of the 24th August 2006, the Head of Planning Design and Control Services has reviewed the position of and collection from, the bin store to address issues raised by the Committee.

4.2 The advice of the Head of Environmental and Consumer Protection Services, responsible for refuse collection, is that refuse collection could not be satisfactorily achieved from Dorset Lake Avenue from the currently proposed or previously agreed position for the bin store. This is because Health and Safety handling regulations do not allow operatives to move loaded ‘Euro’ bins across the change in ground levels between Dorset Lake Avenue and the previously considered position for the bin store.

4.3 The amount of tree coverage on the site gives little opportunity to satisfactorily locate the bin store along the Dorset Lake Avenue frontage and it would have to be positioned close to the boundary to give a level access to Dorset Lake Avenue

4.4 Opportunities away from the trees are at the northern end of the Dorset Lake Ave frontage. These would be unduly prominent and significantly more intrusive in the streetscene than the double garage considered as part of this application. Furthermore, access to a bin store on the Dorset Lake Ave level would result in levels of engineering to the embankment that would be harmful to the appearance of the site and character of the area.

4.5 The advantages of siting the bin store close to Sandbanks Road is that the collection of the ‘Euro’ size bins would not involve siting the full bins awaiting collection, or the empty bins prior to return to the site, on the highway verge. The bins would be collected via a level access off Sandbanks Road and then returned to the store. A refuse vehicle stopping on Sandbanks Road would not prejudice the free flow of traffic due to the width of the carriageway. With “double yellow line” waiting restrictions there would not be any vehicles at the side of the road preventing the vehicle from stopping and with good visibility highway safety would not be affected.

5. Representations

5.1 Subsequent to the previous report the following representations were received;

5.2 The Head of Environmental and Consumer Protection Services has no objection to the application as submitted and indicates that collecting the refuse from Dorset Lake Avenue would not comply with the regulations and that it should therefore be collected from Sandbanks Road since this would be safer, quicker and more efficient.

6. Conclusion

Bearing in mind the advice that has been provided by the Head of Environment and Consumer Protection the Committee accept the application as considered allowing bin collection from Sandbanks Road and the bin store positioned as indicated on the submitted plans.

RECOMMENDATION

GRANT – subject to conditions:

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Conditions as set out in the report attached as appendix 1, as amended by committee in respect of Condition No.2.

Case Officer: Mr J Gilfillan

Site: 21 Dorset Lake Avenue, Lilliput, Poole, Dorset, BH14 8JD

Application No: 06/18365/015/F

Date Received: 15th June 2006

Agent: Tanner & Tilley 4 Beresford Road Southbourne Bournemouth Dorset BH6 5AA

Applicant: Primetower Properties Ltd

Development: Erect a double garage, realignment of driveway and relocation of existing cycle store and bin storage area. (Revised scheme). As amended by plans received 11-07-06

Ward: E 050 Penn Hill

The application is brought before the Planning Committee at the request of Councillor Parker because of the concerns of local residents.

Site Description

The site is the triangular plot at the junction of Dorset Lake Avenue and Sandbanks Road.

Construction of a 3 storey flat roofed block of five flats is currently underway.

The site is covered by a Tree Preservation Order with the majority of the trees being large Monterey Pines sited towards the narrower, southern end of the site.

There are two vehicle accesses to the site, both from Dorset Lake Avenue.

Relevant Planning History

2004: Planning Permission granted to erect a 3 storey block of five flats. This scheme is currently under construction and included areas of parking along the western side of the building, accessed from Dorset Lake Avenue, and required the provision of bin and cycle stores.

2006: Planning Permission refused to replace the agreed bin and cycle stores with a double garage. The reasons for refusal were:

The proposed development, by reason of its design and siting does not respect the established character and appearance of the area. The proposal is therefore contrary Policy BE1 of the Poole Local Plan First Alteration (2004).

Notwithstanding the Arboricultural Method Statement, the applicant has failed to demonstrate adequately mitigation measures for the protection of nearby trees covered by the Tree Preservation Order. In the absence of sufficient information, this proposal is likely to conflict with Policy NE28 of Poole Local Plan First Alteration (2004).

The proposal will result in the loss of prominent landscaping to the detriment of visual amenities established in the street scene. The proposal is therefore contrary to Policy BE2 of the Poole Local Plan First Alteration (2004).

2006: Planning permission granted to form two decked areas around the ground floor and to form two additional parking spaces in the northern parking area at the front of the building.

Current Proposal

A revised scheme to erect a double garage on the south side of the building accessed from Dorset Lake Avenue.

REPRESENTATIONS

Dorset Lake Residents Association - object to the collection of bins from Sandbanks Road and the appearance of a garage on the site.

Branksome Park & Canford Cliffs Residents Association - object to the location of the garage close to trees, the changes in levels required, the small bin store and poor cycle store.

Letters of objection have been received from 3 nearby properties objecting to the location of the garage, its impact on the appearance of the area and the health of the trees, the size of the bin store and the suitability of the cycle store.

Twelve letters of support for the proposals. The proposal are welcomed for providing additional carparking on site and ensuring that the development caters for the transportational needs of its occupiers.

Relevant Planning Policy

The following policies of the Poole Local Plan First Alteration (Adopted 2004) are relevant to this application.

BE1 - (Design Code)

BE2 - (Landscaping)

NE28 - (Protected Trees)

T11 - (Car Parking Maxima)

Planning Considerations.

The proposal would not detract from the character and appearance of the area, it would appear as an out building in conjunction with a dwelling, seen in the context of the trees surrounding it just as many of the other properties and their outbuildings are at present.

The flat roof design and proposed cladding materials would result in the building being unobtrusive in the streetscene. The submitted landscaping scheme is satisfactory in screening the garage, mitigating the impact on the streetscene and overcoming refusal reason No’s 1 & 3 of Ref.06/18365/013.

The proposed garage foundation detail is acceptable and would not result in ground works that would have a detrimental impact on the long term health of the surrounding trees. A construction methodology would be required by condition to ensure that damage is not caused whilst carrying out the proposed works.

The submission of revised details of the bin and cycle store relates to condition No.7 of the permission Ref.04/18365/012. The size of the proposed bin store is acceptable. Advice fro ECPS is that the provision of a third bin for ‘green’ waste is unlikely for flats.

No arboricultural objection is raised to the repositioning of the bin and cycle store, subject to a condition requiring details of the tree protection measures to ensure the safety of the trees during works.

The proposal to use the existing summer house for a bike store is also acceptable, simple work could be carried out to ensure the security of the structure.

Human Rights Act

In coming to this recommendation/decision 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 With Conditions

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 - GN030 (Sample of Materials - Submission of Details Required )

Details and samples of all external facing and roofing materials and external finishes, which in the case of the timber cladding to the garage hereby approved shall be a natural wood colour stain, 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 and the external finishes retained and maintained as approved unless otherwise first agreed in writing by the Local Planning Authority.

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).

3 - Non Standard (Non Standard Condition )

The approved landscaping scheme shall be implemented during the first available planting season after permission is granted unless otherwise first agreed in writing by the Local Planning Authority to any variation.

Reason.

To ensure a satisfactory relationship between the approved buildings, the proposed and existing landscaping and in accordance with Policy BE1 and BE2 of the Poole Local PLan First Alteration (Adopted 2004).

4 - Non Standard (Non Standard Condition )

The flats approved under planning permission Ref.04/18365/012 shall not be occupied until such time as the access parking and garaging hereby approved have been completed and ready for use. The parking and garaging shall thereafter be retained and kept available for use.

Reasons.

In the interests of highway safety and to ensure satisfactory levels of parking on site and in accordance with policy T13 of the Poole Local Plan First Alteration (adopted 2004)

5 - Non Standard (Non Standard Condition )

An arboricultural method statement prepared by an arboricultural consultant holding a nationally recognised arboricultural qualification providing comprehensive details of tree protection measures for trees in relation to construction works 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 barriers and ground protection measures to trees during the construction phases of the garage, pathway, bin store and cycle store, which comply with BS5837:2005 and a plan indicating the location of such the protective measures;

b) details of arrangements and attendees required for a pre-commencement site meeting to discuss tree protection measures and working practices;

c) details of the works requiring arboricultural supervision to be carried out by the developer's arboricultural consultant, including details of the frequency of supervisory visits and procedure for notifying the Local Planning Authority of the findings of the supervisory visits; and

d) details of all other activities which have implications for trees on or adjacent to the site].

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 Policy NE28 of the Poole Local Plan First Alteration (Adopted March 2004)

6 - Non Standard (Non Standard Condition )

A construction method statement shall be provided and agreed by the Local Planning Authority prior to the commencement of works, detailing the method and schedule of operations associated with the approved works, including tools used, the access and working space requirements and areas for mixing and storage. All works shall subsequently be carried out in strict accordance with the approved details.

Reason -

Informative Note

1 - IN620 - Summary of Reasons for Decision

Town and Country Planning (General Development Procedure) (Amendment) Order 2003

The proposed development has been tested against the following policies of the Development Plan and, in the opinion of the Local Planning Authority, is not in conflict with the following policies:

a) The proposal will not affect the character and amenities of the area - Policy BE1 & BE2

b) Residential Amenity will not be affected adversely - Policy H12

c) No protected trees will be affected - Policy NE28

d) Highway safety would not be compromised - Policy T13

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