AGENDA ITEM 6
BOROUGH OF POOLE
PLANNING COMMITTEE – THURSDAY 19 JUNE 2008
REPORT OF HEAD OF PLANNING DESIGN AND CONTROL SERVICES
SUBWAY, RINGWOOD ROAD
PLANNING APPLICATION 08/39651/001
ERECT SINGLE STOREY PREMISES, TO BE USED AS A DRIVE THROUGH SUBWAY CAFÉ WITH ASSOCIATED PARKING AND LANDSCAPING (REVISED SCHEME)
1.Matter for Consideration
1.1To consider the planning application for the erection of a single storey building with drive through and parking for 10 cars. The proposal also includes a new perimeter fence, cycle store and landscaping.
1.2This application was deferred by the Planning Committee in April 2008 and a copy of the report to the April Committee is attached as Appendix A. Prior to considering the application the Committee sought officer advice on the status and history of the strip of land on which the application site is located.
- Site History and Status
2.1In 1961 Dorset County Council granted consent to fill and reclaim the old quarry site with non putrescible materials. Provision was made in the layout of the restored site for the widening of the road.
2.3In 1965 planning permission was given for a service road and car park and a condition required the open space between the service road and Ringwood Road to be landscaped and details of satisfactory arrangements for its maintenance in perpetuity were to be agreed.
2.4In March, May and October 1970 Consent was given for the use of four buildings for use class III, IV or X ; for the erection of warehouses; and for the construction of road and drainage works to form access road. The current application site was identified on all three applications with other land to be landscaped.
2.5Landscaping works were carried out in the 1970’s and discussions subsequently took place with regard to an open space agreement, the adoption of the service road and the need for a road widening/improvements to Ringwood Road. No records of an open space agreement can be found to date.
2.6Consultation with Transportation and Legal Services has confirmed that the strip of land on which the site is located was maintained by Leisure Services until 2002 when it was confirmed to be in private ownership. The application site and the rest of this strip of land is currently identified by the highway authority as privately owned land over which there are no public highway rights.
2.7In light of the above history, whilst it is apparent that the current application site was proposed as open space, no agreement can be traced.
- Recommendation
3.1It is therefore recommended that, Members accept the case officer’s report and approve the application subject to the conditions set out in the Appendix hereto.
PETER WATSON
HEAD OF PLANNING DESIGN AND CONTROL SERVOCES
Background Papers:
Planning file 08/39651/01/F
Contact Officer: Kevin Chilvers, Planning Officer
Email:
Item No:7
Case Officer:Mr K Chilvers
Site:Land north of Kinson Pottery Estate, Ringwood Road.
Application No:08/39651/001/F
Date Received:14th February 2008
Agent:Ellis & Partners 38 Grand Parade Brighton BN2 9QA
Applicant:Regal Rose Ltd
Development:Erect single storey premises to be used as drive through Subway cafe with associated parking and landscaping (revised scheme)
Ward:J 100 Newtown
This application is brought before the Planning Committee at the request of Councillor Plummer because of resident’s concerns, over location for a drive in and precedent.
Site Description
The 0.09ha site comprises an area of soft landscaping which is part of a longer strip running between the Kinson Pottery industrial estate and the B3068 Ringwood Road. Opposite the site on the north side of Ringwood Road is a motorhome retail site flanked on either side by residential properties.
The site is subdivided into two parcels either side of an electricity sub station and
Current Proposal
This application seeks to erect a single storey building with drive through and parking layout for 10 cars. The proposal also includes a new perimeter fence, cycle store and landscaping.
Relevant Planning History
2007: an application for similar development to the current proposal was withdrawn.
REPRESENTATIONS
Fifteen letters of objection have been received from nearby residents, and the following concerns are expressed:
- Highway safety and lack of parking
- Proximity to existing fish and chip shop, sandwich bar and pub so no need for another outlet
- Health concerns - disturbance of contaminated land during construction
- Loss of privacy to neighbouring properties
- Noise, smell and light disturbance to residential properties
- Rubbish and food waste would increase risk of vermin in area
- road users
- Impact on property values
- Proposed development for a children’s play area on existing Superbuys site was turned down on the grounds of traffic and lack of parking
- Loss of trees and screening of estate
Head of Transportation ServicesFence adjacent to Ringwood Road is 1.2m high, which will restrict headlight glare from users of the drive-thru and will discourage pedestrian movements at this point – retention of fence should be secured by condition.
Subject to low level planting as indicated visibility splay is acceptable.
Parking provision is acceptable
Extension of footway should be constructed to adoptable standards and condition required to secure parking/turning provision.
Relevant Planning Policy
Policies BE1, E2, S4, T2, T3, T4, T11, T13, T14, of the Poole Local Plan First Alteration adopted 2004 (as amended by Secretary of State Direction September 2007) apply.
Planning Considerations
Principle
The proposal seeks consent for A1 use on a site adjacent to an existing employment area. The proposal would not prejudice the existing employment area and does not fall within the E2 policy zone. The net retail floorspace is less than 500 square metres the proposal would not be contrary to Policy S4 of the Local Plan.
This area of land is not designated as Public Open Space or Highway Verge, therefore its loss can not be resisted
Subject to consideration of the impact of the proposal on the character of the area and amenities of neighbouring properties there is no objection in principle to this development.
Streetscene
Although previously planted with some trees the site has been cleared and currently has the character of a wide grassed highway verge between two roads.
The proposed building would have a footprint of approximately 105m2, it would have a gently sloping mono pitched roof and the elevations would have a predominantly glazed appearance.
The building and parking areas would be viewed against the backdrop of the industrial estate and would not be out of keeping with this context. The proposed landscaping would mitigate the visual impact of the limited scale of development.
Neighbouring Privacy and Amenity
The proposed building would be approximately 25m away from the nearest residential properties which are on the opposite side of Ringwood Road. Given the limited scale of development and the physical separation from the residential properties this relationship is unlikely to result in significant disturbance to residential amenities.
Highways
Subject to conditions no highway objection is raised to the proposal. The access is not considered to be dangerous and adequate parking is proposed.
RECOMMENDATION
GRANT - Subject to the following condition(s)
1 - GN150 (Detailed Permission - Time Expiry 3 Years (Standard) )
2 - HW100 (Parking/Turning Provision )
3 - HW200 (Provision of Visibility Splays )
4 - Non Standard (Non Standard Condition )
The boundary fencing fronting Ringwood Road shall be maintained at a minimum height of 1.2m above the adjacent ground level.
Reason
In the interests of highway safety.
5 - LS040 (Landscaping Scheme to be Implemented )
6 - RC110 (No Open Air Storage )
7 - Non Standard (Non Standard Condition )
Details of lighting including luminance, angle and extent of light projection shall be submitted to and agreed in writing by the Local Planning Authority and lighting shall subsequently be installed and retained in accordance with the approved details, unless otherwise agreed in writing with the Local Planning Authority.
Reason
In order to protect highway safety and the amenities of adjacent properties in accordance with Policy NE1 of the Poole Local Plan First Alteration Adopted 2004 (as amended by Secretary of State Direction September 2007).
8 - RC060 (Limitation on Use )
Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 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 A3 purposes only and for no other use purposes, whatsoever, including any other purpose in Class A1, A2 of the Town and Country Planning (Use Classes) Order 1987 or any subsequent re-enactment, without formal planning permission first being obtained.
Reason -
In order to ensure that the use remains compatablw with the residential environment nearby and in accordance with Policy NE1 of the Poole Local Plan First Alteration Adopted March 2004 (as amended by Secretary of State Direction September 2007).
Informative Note(s)
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
b) Adequate parking and access is proposed - Policies T2, T3 and T13
2 - IN130 - Kerb Crossing to be Lowered
The applicant is informed that the Local Highway Authority will require the footway and kerb to be lowered and reconstructed in the position(s) corresponding to the vehicular means of access to the site. This requirement is imposed in order to service the means of access; in order to prevent danger and inconvenience to other road users and to pedestrians; and in order to prevent possible damage to highway surfaces. The work shall conform to a specification to be provided by the Highway Authority, or it may be required to be undertaken by the Authority itself. In either event, the work will be required to be undertaken at the applicant's expense.
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