Dolphin Quays Appendix 1

Dolphin Quays Appendix 1

APPENDIX 1

Case Officer:Mr J Gilfillan

Site:Dolphin Quays, The Quay, Poole, Dorset, BH15 1RF

Application No:05/02247/053/F

Date Received:26th August 2005

Agent:Pegasus Planning Group 2-10 Kings Parade Mews Clifton Bristol BS8 2RE

Applicant:Skelton Poole Ltd

Development:Relief of Conditions 13, 14, 15 and 17 of Planning Permission 99/02247/041/P granted on 22.03.00 (mix of uses and range of goods sold).

Ward:C 030 Poole Town

This application is brought before Planning Committee because of the nature of the proposals and the history of the site.

Site Description

The site is the Dolphin Quays mixed use, residential and commercial development on the old Poole Pottery site on Poole Town Quay. The building sits at the junction of Old Orchard, Poole Quay and East Quay Roads. The application refers to the ground and first floor commercial floorspace which is currently empty.

Relevant Planning History

Relevant applications are Refs. /041 & /043, which granted outline and reserved matters approval for the erection of the new Dolphin Quays development, consisting of a mixed use of two floors of retail/commercial development with 7 and 8 floors of residential above.

Conditions 13, 14, 15, 16 & 17 of the outline application Ref. /041, specifies the use class of each unit, restricts the range of goods to be sold and prevents the amalgamation of units without prior consent, controls the sale of goods to factory outlets, permits the sale of Poole Pottery ‘Firsts’, respectively and specifies uses within the A3 class.

The full wording of the existing conditions can be found below.

Current Proposal

To vary condition Nos. 13, 14, 15 & 17 of the implemented consent to relax the controls.

REPRESENTATIONS

The Head of Transportation Services - has no objection.

The Head of Strategic Planning - has no objection to the principle of the loss of the Factory Outlet Concept and does not feel it would affect the viability or vitality of the Town Centre.

The Head of Marketing - has no objection to the proposal but would like to see a tourism attraction incorporated.

The Head of Housing & Community - no comment.

The Town Centre Management Board - support the retention of Poole Pottery in a key location on the Quay, are not adverse to the relief of conditions specifically for a convenience store, agree to the relaxation of the Factory Outlet Concept and support the continued restricted A3 uses.

The Health & Safety Executive - no comment.

English Heritage - refer to national guidance.

English Nature - no comment.

Environment Agency - no comment.

DEFRA - no comment.

The Dolphin Quays Leaseholders Association - have no objection to the retail changes. They are concerned at the impact of noise and disturbance from the concentration of A3 uses together and the potential for noise being generated by late night opening of a convenience store.

24 letters of representation have been received. The majority accept the principle of the relaxation of the retail conditions. 23 letters object to the proposal to allow café-bars due to the noise disturbance and anti social behaviour generated by late night drinking. The kiosk traders object to the convenience store due to competition. 1 letter of representation has been received from Quay Point further along the Quay in support of the application.

Relevant Planning Policy

The following policies of the Poole Local Plan First Alteration (Adopted 2004) are relevant:

BE1 - (Design Code)

BE15 - (Conservation Areas)

BE20 - (Quay Conservation Area – Character)

T13a - (Traffic Generated By Development)

S1- (Retail Development – Location)

TO1 - (Tourism Assets)

TO2 - (Existing Tourism Attractions)

TO5 - (The Quay)

Planning Considerations.

The main considerations are whether the revised conditions would compromise or conflict with the reasons for imposing the original conditions.

Taking each existing condition in turn:

  • No.13 - “Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 and of the Town and Country Planning (General Permitted Development Order 1995 (or any subsequent revocation or re-enactment), the proportion of retail, catering, production and office areas as illustrated on the submitted floor plans of the new buildings to be constructed as hereby approved shall not change without the prior agreement of the Local Planning Authority. There shall be no subsequent amalgamation or extension of units without the prior approval of the Local Planning Authority. The retail floor space shall be limited to non food retailing only.

Reason -

To provide certainty over the nature of retail activities to ensure no adverse impact would result to the vitality and viability of the Town Centre in accordance with the policies of the Poole Local Plan and PPG6 Town Centres and Retail Developments 1996.”

  • The proposal is to re-arrange the uses of the individual units. The proportion of the A3 (Food and Drink) within the scheme would remain the same, however their location would change. The four units on the first floor at the front remain the same as the previous approval, however the congregation of three units on the ground floor would present more of a presence on the Quay rather than units on the three corners. This would not compromise the reason for imposing the condition.
  • The current scheme also proposes to allow the combination of units D2-5 on the ground floor and D26 directly above on the first floor, for occupation by Poole Pottery. This is seen as a positive benefit for the complex, Poole Pottery themselves and enhancing their position and function, as a tourist attraction on the Quayside.
  • The variation includes a proposal to introduce an element of A2 (Financial & Professional Services) uses into the scheme. These have been specified as being for a variety of marine office operations and an estate agents. The location of the Dolphin Quays development would support a chandlery type outlet and the location of an estate agents would have no consequence on the viability or vitality of the site or the Town Centre.
  • The existing condition restricts the retail element to ‘Non-food’ retail, this is subject to a variation under a separate condition, No.14, see below.
  • The variation to this condition to allow for the rearrangement of the use of the A1 and A3 units and the agglomeration of units for Poole Pottery would not compromise the reason for the condition on the grounds that it would not materially alter the condition to the detriment of the vitality and viability of the town centre.
  • No.14 - Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any subsequent revocation or re-enactment), no retail outlet will sell the following goods: groceries; household cleaning materials; detergents and washing powders; white goods (washing machines, cookers, dishwashers, fridges, freezers); radio and television sets, video recorders, hi-fi equipment, computers; large DIY goods; pharmacy items; newspapers and magazines; pet products; soft furnishings; drink; books; stationery; flowers; toys; cameras and photographic equipment; all except where the sale is ancillary to the principal permitted Factory Outlet retail use of the premises.
    Reason -

To provide certainty over the nature of retail activities to ensure no adverse impact would result to the vitality and viability of the Town Centre in accordance with the policies of the Poole Local Plan 1998 and PPG6 Town Centres and Retail Developments 1996.

  • The only significant alteration proposed to the above condition is in relation to a single unit, D13, on the ground floor, this unit accounts for little more than 10% of the retail floorspace and 6% of the entire commercial floor area. The intention of the applicant is offer a ‘food’ based retail outlet in the form of a food retail convenience store. The principal sales would be food orientated. However certain listed products could be sold in this unit, but only up to 10% of the floor area of the unit, including newspapers, magazines, household cleaning items, pharmacy items, stationery, flowers, books and cameras.
  • By restricting the area of the unit that could sell any one of these items it would prevent the entire unit being given over to specialising in their sale which could be in direct conflict with outlets on the High Street.
  • The provision of this kind of shop is important in creating a community on the Quay, and would offer a facility for existing residents on the Quay and in the housing areas around Skinner Street.
  • The restrictions on the sale of goods from the remainder of the A1 (shops) would remain the same as on the existing condition, with the removal of the reference to Factory Outlet Centre. This change is explained further below (See condition No.15).
  • The variations to this condition would have a negligible impact on the vitality and viability of the Town Centre and would concur with the spirit and intention of the existing condition No.14.
  • No.15 - The Factory Outlet Centre shall solely be used for the purposes of retailing discounted prices of seconds, end of line goods, samples and surplus stock and no other purposes. Stock records shall be made available to the Local Planning Authority upon request to ascertain that the retail merchandise conforms to the limitations prescribed in Condition 14 and as a Factory Outlet Centre only. The operators of the units shall co-operate and give all reasonable assistance in the provision of information requested by the Local Planning Authority.

Reason -

To provide certainty over the nature of retail activities to ensure no adverse impact would result to the vitality and viability of the Town Centre in accordance with the policies of the Poole Local Plan 1998 and PPG6 Town Centres and Retail Developments 1996.

  • The variation proposed to the above condition would have the greatest impact on the principle of retail activity at Dolphin Quays. It is the intention of the applicant to delete the condition entirely, to remove the restriction for the retail sales to be ‘second goods at discounted prices’. The applicants have put forward substantial reasons supporting the fact that the site would not work as a Factory Outlet Centre, most notably the lack of on site parking, coupled with the physical area of floorspace on offer, which is insufficient, generating the critical mass necessary to attract the factory outlet operators to the entire complex.
  • The Council has commissioned its own research into the Factory Outlet opportunity, (carried out by national commercial property consultants Donaldsons), initially proposed for this site and in conjunction with potential developments on neighbouring, at present undeveloped, sites. The conclusion of that research is that the Dolphin Quay site has a number of constraints to its success as a Factory Outlet Centre, including: difficult permeability and access based on its position within the town, the closest car park being physically separated and ‘pay & display’ and weak interest in the site from Factory Outlet operators.
  • The removal of the control of the Factory Outlet concept, allowing the sale of ‘firsts’ would in itself create competition for the Town Centre from and edge-of-centre location that would in theory be harmful to the vitality and viability of the Town Centre. However with the retention of the strict restrictions imposed by condition No.14, it is officers’ opinion that the site could operate satisfactorily without being to the detriment of the town centre.

This view has been supported by the Town Centre Management Board and Strategic Planning.

  • No.17 - Notwithstanding the provisions of the Town and Country Planning (Uses Classes) Order 1987 (or any subsequent revocation or re-enactment) or the provisions of Part 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any subsequent revocation or re-enactment) the A3/catering uses hereby approved shall solely be used as restaurants, cafes, snack bars and shops for the sale of hot food and no other uses whatsoever.

Reason-

In order to ensure that the nature of activities would not have any adverse impact on the character and amenities of the area or on nearby residential properties.

  • The existing consent specifically restricts the type of use that can occupy the ‘A3’ units within the site. At the time of the permission being granted the ‘A3’ use class covered the sale of hot food and drink for consumption on the premises. The condition specifically excluded pubs and bars because of the potential impact on residents above and in the area generally.
  • Subsequently the use classes order has been amended (March 2005), creating new individual use classes for public houses and hot food takeaways. It is the intention of the applicant to provide A3 establishments in line with the revised intent of the Use Classes Order. The requirement of the Order is for A3 premises to be where the primary purpose is the sale and consumption of food and light refreshment. In this case, in conjunction with the A3 use, would be the use as a bar serving drinks.
  • Any premises where the majority of the customers are consuming alcohol exclusively would be in breach of the condition. Any premises being run in this fashion or proposed to would have to tailor their operation to comply with the terms of the condition or require a separate planning consent for either a mixed use or for A4(Drinking Establishments).
  • The proposed addition of “Café-bar” to the list of A3 operations permitted in the complex is acceptable, provided that operation is such that it meets the tests set out in the Use Classes Order, as amended March 2005.
  • The revised wordings for the conditions can be seen below in the recommendations in order as discussed above. It is the officer’s opinion that the amended conditions retain the spirit and intent of the existing conditions and as such the proposals are recommended for approval.

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 SECTION 106 – Details to Follow.

Subject to the following 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 - Non Standard (Non Standard Condition )

Notwithstanding the provisions of the Town and Country PLanning (Use Classes) Order 1987 (as amended in 2005) and of the Town and Country Planning (General Permitted Development Order) 1995 (or any subsequent revocation or re-enactment), the proportion of retail (Class A1), financial and professional services (Class A2), catering (Class A3), areas shall be as illustrated on the approved floor plans, drawing No's:

BRS.0239_05-1a, and

BRS.0239_6-1

received on 26th August 2005 and shall not change without the prior agreement of the Local Planning Authority.

Units D2-D5 inclusive and D26 shall be amalgamated for the first occupation by Poole Pottery. No other tenant shall occupy the combined unit without prior approval by the Local Planning Authority and in the event of Poole Pottery leaving the site, the combined units shall revert to their size and layout as approved by Planning Permission Ref.99/02247/041/P unless otherwise agreed in writing by the Local Planning Authority. No further amalgamation of units shall occur without prior approval from the Local Planning Authority.

Reason -

To provide certainty over the nature of retail activities to ensure no adverse impact would result to the vitality and viability of the Town Centre in accordance with the policies of the Poole Local Plan First Alteration (Adopted 2004) and PPG6 Town Centres and Retail

3 - Non Standard (Non Standard Condition )

Notwithstanding the provisions of the Town and Country PLanning (Use Classes) Order 1987 (as amended in 2005) (or any subsequent revocation or re-enactment), only unit D13, indicated on the approved plans Ref.BRS.0239_05-1a, shall be occupied as a retail convenience store within Class A1, unless otherwise agreed in writing with the Local PLanning Authority. It shall sell no more than 10%, in net retail floorspace of any of the following goods: Household cleaning materials; detergents and washing powders; pharmacy items; newspapers and magazines; pet products; soft furnishings; books; stationary; flowers; toys; cameras and photographic equipment.

Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended in 2005) (or any subsequent revocation or re-enactment), no other retail outlet will sell the following goods: groceries; household cleaning materials; detergents and washing powders; white goods (washing machines, cookers, dishwashers, fridges, freezers); radio and television sets, video recorders, hi-fi equipment, computers; large DIY goods; pharmacy items; newspapers and magazines; pet products; soft furnishings; drink; books; stationery; flowers; toys; cameras and photographic equipment; all except where the sale is ancillary to the principal permitted retail use of the premises.

Reason -

To provide certainty over the nature of retail activities to ensure no adverse impact would result to the vitality and viability of the Town Centre in accordance with the policies of the Poole Local Plan First Alteration (Adopted 2004) and PPG6 Town Centres and Retail.

4 - RC060 (Limitation on Use )

Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended March 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 A3 purposes only and for no other use purposes whatsoever.

Reason -

In order to ensure that the nature of activities would not have any adverse impact on the character and amenities of the area or on nearby residential properties and in accordance with Policy NE1 of the Poole Local Plan First Alteration (Adopted 2004).

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