Borough of Poole. Planning Committee. List of Planning Applications

Transcription

1 Borough of Poole Planning Committee List of Planning Applications 12 February,

2 BOROUGH OF POOLE Planning Committee DATE: 12 February 2015 at 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 2

3 TABLE OF CONTENTS Planning Committee 12 February 2015 at Not before 13:00 01 Former Police Station 3 Sandbanks Road, Poole, BH15 2NS APP/14/01281/F 4 Page 02 Poole Crematorium, Gravel Hill, Poole, BH17 9BQ APP/14/01586/C Merley Lane, Wimborne, BH21 1RY APP/14/01345/F land r/o 12 Nuthatch Close, Poole, BH17 7XR APP/14/01535/F 26 Not before 14: Merley Ways, Wimborne, BH21 1QN APP/14/01654/F Ashley Road, Poole, BH14 9BY APP/14/01512/F Mcwilliam Close, Poole, BH12 5HP APP/14/01551/F Blue Line Cruises, The Quay, Poole, BH15 1HJ APP/14/01443/F 45 Not before 15: Lower Blandford Road, Broadstone, BH18 8NZ APP/14/01537/F St Brelades Avenue, Poole, BH12 4JR APP/14/01487/F Dunstans Lane, Poole, BH15 3NQ APP/14/01484/F a York Road, Broadstone, BH18 8EU APP/14/01465/F 65 3

4 ITEM NO 01 APPLICATION NO. APP/14/01281/F APPLICATION TYPE Full SITE ADDRESS Former Police Station 3 Sandbanks Road, Poole, BH15 2NS PROPOSALS Construction of an additional storey of accommodation and conversion of the building into 42 residential apartments with associated access and parking. REGISTERED 13 October, 2014 APPLICANT Juno Developments (Poole) Limited AGENT Pure Town Planning WARD Parkstone CONSERVATION AREA Poole Park CASE OFFICER Clare Spiller INTRODUCTION This application is brought before committee as the Head of Planning and Regeneration does not consider it prudent to exercise delegated powers due to the Borough of Poole having an interest in the land. Recommendation for Grant Section 106 THE PROPOSAL Construction of an additional storey of accommodation and conversion of the building into 42 residential apartments with associated access and parking. MAIN ISSUES The principal issues for consideration in this case relate to Impact on the character and appearance of the Poole Park Conservation Area and Locally Listed Buildings Impact on residential amenity Impact on important amenity trees Parking and Highway Safety Energy Efficency & Sustainability CIL compliance Affordable Housing Contribution SITE DESCRIPTION The site lies within the Civic Centre Gyratory with the Magistrates Court to the south east 4

5 and the Civic Centre Building (Borough of Poole Offices) to the north west. There are a number of mature trees which lie adjacent to the boundary of the site which are of important amenity value. Opposite the building to the south west is Poole Park which is a registered Park and Garden. The original part of the application building, the Civic Centre and Poole Park lies within the Poole Park Conservation Area. The Civic Centre, Magistrates Court and Poole Park are Locally Listed. Vehicular access to the site is from Municipal Rd. The building is largely 3 storey with a pitch roof over the original part of the building. A 3 storey flat roof modern addition abuts the north side of the building. There is a large single storey addition to the rear of the building which housed the police cells. There is a large area of hardstanding which served as parking. RELEVANT PLANNING HISTORY None relevant. PRE-APPLICATION ADVICE 09/05/15- Advice given for construction of an additional storey of accommodation of a four storey block to 54 apartments. Construction of a four storey block of 20 apartments. The advice was as follows. The principle of the scheme has merit. However the proposed four storey block will be overdevelopment of the site and the new flatted block will have a poor tree to building relationship; and there will be a poor living environment for the future occupants of a no. flats caused by the close separation spaces between the new flatted block and the conversion of the existing block. COMMUNITY CONSULTATION None. CONSULTATIONS Neighbouring sites were notified and site notices posted and the application was advertised in the press. No comments have been received. REPRESENTATIONS English Heritage - No objection. Externally the proposal would be an improvement. Would ask that some of the existing volumes, fabric and fittings of the interior be to some extent retained to reflect the new layout of past use and /or plan-form. Wessex Water- No objection. Dorset Gardens Trust- No objection. Policy DM2 will not be contravened. Natural England- No objection. Dorset Police (Crime Prevention and Design Advisor)- Enclosed cycle parking should be used. How will Right of Way to Dorset Magistrates court be facilitated. No gated access to the car park, which will leave it vulnerable. Several doors and entrances are hidden and out of view. Society of Poole Men- Return to use of this valuable building is strongly supported. 5

6 Head of Transportation Services- No objection to amended plans. Head of Housing- No objection. Support the affordable housing contribution agreed. PLANNING CONSIDERATIONS POLICY AND GUIDANCE STRATEGIC CONTEXT National Planning Policy Framework (Adopted March 2012) LOCAL CONTEXT The following policies are listed as applying to this application. Poole Core Strategy (Adopted February 2009) PCS05 PCS06 PCS15 PCS16 PCS23 PCS24 PCS25 PCS28 PCS32 Broad Locations for Residential Development Affordable Housing Access and Movement The East-West Bournemouth-Poole (A35) Corridor Local Distinctiveness Design and Access Statements Self-Reliant Communities Dorset Heaths International Designations Sustainable Homes Supplementary Planning Guidance SPG4 Affordable Housing Supplementary Planning Document SPD1 SPD2 Parking & Highway Layout in Development Heritage Assets Poole Site Specific Allocations & Development Management Policies DPD (Adopted April 2012) Development Management Policies: DM1 Design DM2 Heritage Assets DM7 Accessibility and Safety DM8 Demand Management 6

7 PLANNING JUDGEMENT Use of Building The building is currently unoccupied. Its last use was as a Police Station (Sui Generis). The applicant states that the building is thought to be used for storage facilities and additional filing space as needed by the Police. The proposed use is for residential (Class C3). Policy PCS16 states that the East-West A35 Corridor will be a focus for new development, transport infrastructure investment and environmental enhancements. Key priorities are to (i) direct the highest densities of development to the following most accessible locations...e. the Civic Centre Gyratory and local Centre, Parkstone Road; iii. improve pedestrian and cyclist facilities to create safer and more attractive routes. The proposed density is within the range of dwellings per hectare. The proposal therefore complies with Policy PCS 16. The site is on a road served by a high frequency bus service and is located close to the amenities of Commercial Road, which include a Primary Transport Corridor, the Council Offices, Bournemouth and Poole College, and a shopping parade comprising a range of shops, restaurants and take-aways, including a mini-market. Poole Park, which is a significant public amenity, is located opposite the site and the site is within a 15 minute walk to Parkstone Station and Poole Station. Therefore the site is within a sustainable location. Impact on Character and Appearance of Conservation Area The proposal is to remove the large single storey police cells which is to the back of the building. The proposal is to remove the roof and add an additional storey of accommodation, to provide 11 flats on this floor. The additional floor of accommodation is considered to be in keeping with heights of buildings on the gyratory which include the 8 storey Dept. for Works and Pensions building and the adjacent 5/6 storey Magistrates Building and Law Courts. The resulting building will be visible from the Park and gyratory however, this would not be to the detriment of the Poole Park Conservation Area which is a Registered Park and Garden. The mansard style roof whilst not always a desirable design feature works well given the design of the original building. The proposal would bring back to use an important building which has been under utilised for a number of years. From going inside the building it is in a poor state of repair and there does not appear to be any important features of the building which should be kept in the reuse of the building. The proposal includes replacement windows, the plans annotate black aluminium windows. A condition can be attached which requires details/materials of the window frames to be submitted and agreed. Impact on Residential Amenity There are no nearby residential properties which will be affected by this development. The proposal includes a mix of 1,2 and 3 bedroom flats/duplexes. Whilst out door amenity space to serve the development is limited, the application site is opposite the entrance to Poole Park. The proposed parking spaces will be separated from the principal windows to the ground floor flats by a meaningful landscape buffer. There will be some mutual overlooking from the proposed balcony's and bedroom windows of some flats although not materially harmful to their amenity. 7

8 Parking and Access The amended plans provide a footpath entrance to the rear of the site from Sandbanks Road which increases permeability through the site. The footway to the front of the site on Sandbanks Road is a shared footway/cycle way link but is relatively narrow in width. The proposal has the potential to increase pedestrian movements, including families and children across this frontage and gathering at the existing signalised crossing, across Sandbanks Road, close to the building access. The amended plans widen this footway/cycle way to 3m in width to avoid increased conflicts between cyclists and pedestrians. This is to be secured by a Grampian condition. The amended plans demonstrate all cycle parking will be surface level and able to accommodate 42 cycles. The level of parking provision, 46 parking bays indicated including 2 disabled bays and 2 visitor parking bays is acceptable, particularly as there is a public pay and display car park close to the site which currently has a significant number of car parking spaces available in the evenings and at weekends. Landscaping and Trees A TPO has very recently been made on the site and the surrounding area. The 2 x Leylandii hedges on the site are proposed to be felled. There is no arboricultual objection to this, these group of trees are not covered by the TPO. There is opportunity for replacement planting. An additional tree (not TPO'd) will be felled at the front to provide the increased width of cycle way/footpath. The increased width of cycle way and footpath outweighs the loss of this tree. No further trees are proposed to be felled as part of the development. Energy Efficiency & Sustainability Policy PCS32 of the Core Strategy requires that all new residential development (including conversions) will use on site renewable sources to meet a minimum of 20% of predicted energy use for residential development for 10 or more dwellings. The applicants have made reference to 10% rather than 20% in there Energy and Resources Statement. The applicant proposes to reduce the energy use by using a combination of heat pump, photo voltaic technology and solar panel technology. In any event the proposal will be required by condition to meet 20% minimum of predicted energy use. Affordable Housing Policy PCS06 of the Core Strategy requires that residential schemes of 6 units or more be tested for viability verification in order that affordable housing can be provided within schemes where it is demonstrated viable to do so. The proposed development has been the subject of a verification assessment into the viability of the scheme, in order to establish whether provision towards affordable housing can be achieved in light of present market conditions. The District Valuers report requires a a contribution of 431,980 towards affordable housing. This equates to around a provision of 12% affordable housing contribution which is acceptable by the Head of Housing. The amount will be secured by a S.106 agreement. It is considered by the Head of Housing that the provision of affordable housing on site would not be appropriate as this proposal is for a conversion of an existing building and therefore the developer will not be able to meet all of the criteria as stipulated by the 8

9 Housing Associations who would take on the affordable housing units, and it would be difficult to ensure that the service charge remains affordable. INFRASTRUCTURE AND DEVELOPER CONTRIBUTIONS Mitigation in respect of the impact of the proposed development on recreational facilities, Dorset Heath lands and Poole Harbour Special Protection Areas and strategic transport infrastructure is provided for by the Community Infrastructure Levy (CIL) Charging Schedule adopted by the Council on 18th September In accordance with CIL Regulation 28 (1) the Adopted Charging Schedule which came into effect in Poole on 2 nd January 2013 confirms that all planning applications for residential dwellings are CIL liable development and now required to pay CIL in accordance with the rates set out in the Council s Charging Schedule. The Borough of Poole s adopted Regulation 123 List of Infrastructure confirms that the infrastructure projects required to mitigate development s impact on recreational facilities, Dorset Heathlands and Poole Harbour Special Protection Areas and strategic transport infrastructure will be provided for by CIL instead of (and not in addition to) Planning obligations secured through S106 of the Town and Country Planning Act The proposal therefore accords with Core Strategy Policies PCS15, PCS28, PCS 36 and PCS37, DPD Policies DM9, IN1 and IN2 and Dorset Heathlands SPD. FINANCIAL CONSIDERATIONS If this development is granted permission and the dwellings built, the Council will receive (net increase in dwellings 42 x 1439) in each of the following six years from the dwellings completion a total of 362,628 in government grant under the New Homes Bonus. This application currently falls into CIL Zone B which at present has a CIL chargeable rate of 100 per square metre of chargeable residential floorspace. The chargeable residential floorspace for this development will be calculated against this rate and indexed against the BCIS All-in Tender Price Index. The precise CIL liability in relation to this application will be confirmed in the CIL Regulation 65 Liability Notice which will be issued as soon as practicable after the day on which a planning permission first permits development. Local financial considerations are material to the decision on this application. It is a matter for the decision maker to conclude how much weight should be attach to those considerations The planning merits of the scheme stand alone, and whilst financial considerations are of obvious benefit to the Council, those considerations are not of such significance to outweigh any harm identified. The scheme should be approved in any event. In addition, owing to the viability assessment that has now been reviewed a S106 contribution of 431,980 has been secured towards Affordable Housing. CONCLUSION The proposal brings back into use a redundant building. The use of the site for flats is acceptable in principle given the location of the site on the Gyratory where high density development is in principle acceptable. The proposal will remain in keeping withe the character and appearance of the Conservation Area. The proposal provides an affordable 9

10 housing contribution. RECOMMENDATION It is therefore recommended that this application be Grant Section 106 subject to the following: 1. a contribution of 431,980 has been secured towards Affordable Housing. Conditions 1. GN150 (Time Expiry 3 Years (Standard)) 2. GN030 (Sample of Materials) 3. TR010 (Arb Method Statement-Submission Required) 4. TR090 (No Pruning Works) 6. AA01 (Non standard Condition) Prior to first occupation of the development hereby approved a scheme for the provision of widening of the existing footway along the Sandbanks Road frontage to 3m in width shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of construction and a method for its future adoption by the Local Highway Authority. The scheme shall thereafter be carried out in accordance with the agreed details and implemented in full prior to first occupation of the development. Reason- To prevent conflict of pedestrians and cyclists and in accordance with PCS16 of the Poole Core Strategy adopted 2009, and DM7 of the Poole Site Specific Allocations and Development Management policies adopted AA01 (Non standard Condition) Prior to first occupation of the development hereby approved details of the provision of a lighting scheme for the car park and along the footpath which links the car park with Sandbanks Road shall be submitted to and approved in writing by the Local Planning Authrority. The approved scheme shall be implemented in full prior to first occupation of the building and maintained in a good working order. Reason- In the interests of safety and in accordance with Policy PC15 of the Poole Core Strategy adopted HW100 (Parking/Turning Provision) The development hereby permitted shall not be brought into use until the access, turning space, vehicle & disabled parking, cycle parking inc. open visitor 10

11 cycle parking to accommodate at least 2 cycles, and bin storage provision as 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 Policy PCS15 of the Poole Core Strategy (February 2009), and DM7 and DM8 of the Site Specific Allocations & Development Management Policies (April 2012). 9. LS020 (Landscaping Scheme to be Submitted) 10. LS050 (Hard Landscaping) 11. GN160 (Sustainable Homes - Code Level 3) 12. GN162 (Renewable Energy - Residential) 13. PL01 (Plans Listing) Informative Notes 1. IN14 (Land Proposed for Adoption) In meeting the requirements of the above landscaping conditions, the applicant is advised that all land proposed for adoption should be clearly shown on the approved landscaping drawing and that: a) adoption as a public open space is to be subject to a Section 106 agreement on the release of planning permission, b) a commuted sum for maintenance of public open space is to be paid at the time of the Section 106 agreement, c) landscape works on all land subject to Section 106 agreement to be implemented to the satisfaction of the Head of Leisure Services, and subject to 12 months maintenance prior to adoption. 2. IN43 (Section 106 Agreement) 3. IN74 (Community Infrastructure Levy - Approval) 4. IN72 (Working with applicants: Approval) 11

12 ITEM NO 02 APPLICATION NO. APP/14/01586/C APPLICATION TYPE Full SITE ADDRESS Poole Crematorium, Gravel Hill, Poole, BH17 9BQ PROPOSALS Change of use of formal mown grass landscape which is used for ash interments to a formal burial ground (approx. 500 full body burials). REGISTERED 8 December, 2014 APPLICANT Poole Borough Council AGENT Cemetery Development Services Ltd WARD Canford Heath West Merley & Bearwood CASE OFFICER Laura Archer INTRODUCTION This application is brought before committee as it falls outside of the scheme of delegation due to the Borough of Poole being the applicant and the land owner and since the proposal is not considered to be minor in nature. Recommendation for Grant with Conditions THE PROPOSAL Change of use of formal mown grass landscape which is used for ash interments to a formal burial ground (approx. 500 full body burials). MAIN ISSUES The principal issues for consideration in this case relate to: Green Belt Environmental Contamination Access and Movement Biodiversity Residential Amenity Inclusive Places SITE DESCRIPTION The site is a Crematorium sited to the North of Poole within the Green Belt. It was constructed during the 1980s and is owned, and maintained, by the Council. The site is set within a woodland setting and is accessed off Gravel Hill. Parking is arranged 12

13 around the main building and is laid out with either tarmac or gravel. The application site is an area to the north of the building and car parking areas which is currently used for ash internments and comprises a formal lawn enclosed by trees. To the western end of the lawn there are a number of plaques which denote the burial of ashes. RELEVANT PLANNING HISTORY Layout crematorium on 3.7 hectares. Deemed Consent (24579/0) Construct Crematorium. Deemed Consent (24579/2) Construct Crematorium. Deemed Consent (24579/3) Extension of existing access road with 25 no. additional car parking spaces and associated footpaths. Approved (86/24579/004) Construct an informal car parking area for 30 vehicles within the existing landscaped area. Approved (94/24579/004). PRE-APPLICATION ADVICE A pre-application meeting took place on 7th October 2014 to discuss the creation of a burial ground at Poole Crematorium. The key considerations were identified as being Green Belt; ground water contamination; biodiversity; and transportation. With regard to Green Belt, it was advised that there may be scope to demonstrate very special circumstances given that it would be within the existing Crematorium; would utilise the existing building and parking; and given the identified need for a burial ground in Poole and the lack of alternative potentially suitable sites. COMMUNITY CONSULTATION Site notice and press advertisement. CONSULTATIONS Head of Transportation Services : no objection subject to a condition requiring a parking plan. Environment Agency: no objection subject to a condition restricting the number of burial to not more than 30 per year. Natural England: no objection subject to a condition requiring measures set out in the biodiversity management plan to be carried out. Dorset County Council: archaeology does not need to be taken into account. REPRESENTATIONS Two letters of representation have been submitted objecting to the proposal as the site has 13

14 been used for ash internments and to disturb the area would be upsetting to relatives and disrupt the peace. PLANNING CONSIDERATIONS POLICY AND GUIDANCE STRATEGIC CONTEXT National Planning Policy Framework (Adopted March 2012) LOCAL CONTEXT The following policies are listed as applying to this application. Poole Core Strategy (Adopted February 2009) PCS23 PCS24 PCS15 PCS26 PCS20 PCS30 PCS19 Local Distinctiveness Design and Access Statements Access and Movement Delivering Locally Distinctive, Self-Reliant Places Accessible And Inclusive Places Poole's Green Belt Other Prime Transport Corridors And Main Routes Supplementary Planning Document SPD1 Parking & Highway Layout in Development Poole Site Specific Allocations & Development Management Policies DPD (Adopted April 2012) Development Management Policies: DM7 Accessibility and Safety DM8 Demand Management DM9 Green Infrastructure and Biodiversity DM1 Design PLANNING JUDGEMENT The proposal is for a change of use of an area within the existing Crematorium which is currently grass landscape to a formal burial ground. Green Belt Chapter 9 of the NPPF relates to protection of Green Belt Land states that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Local Planning Authorities should ensure that substantial weight is given to any harm to the Green Belt and ' very special circumstances' will not exist 14

15 unless the potential harm to the Green Belt is by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. A local planning authority should regard the construction of new buildings as inappropriate in the Green Belt. However, the provision of appropriate facilities for cemeteries is an exception so long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within it. However, having regard to Timmins V Gedling Borough Council [2014] it is the interpretation of paragraph 89 that the exception relates to appropriate facilities for existing cemeteries within the Green Belt, and not proposals for new burial grounds. Therefore as the proposal is for a new burial ground, it should not be regarded as an exception within the provisions of paragraph 89 of the NPPF. The proposed use is nevertheless closely associated with the existing use of the site as a crematorium and would utilise the existing crematorium building, access and car parking. The site and the rest of the Crematorium grounds are surrounded by trees and foliage. There are existing ash interments with plaques to the west of the site which would be retained. There are also a number of memorial trees surrounding the site and a mature Birch Tree within the site. These would be retained with the proposed burial plots and soakaway being constructed outside of the root protection area of the trees. The landscaping of the site would be secured by condition but the inclusion of a wildflower garden has already been proposed and this would provide a pleasant setting for visitors to the site. Taking into account this setting, the burial ground would not be prominent in any distant views within the Green Belt nor would it be visually apparent from any public highway or footpath. As such, the proposal would not result in any significant harm to the openness of the Green Belt, nor prejudice the purposes for which the Green Belt was designated. Inclusive Places and Special Circumstances PS20 requires that the Council should work with community groups, developers, Poole Partnership and relevant public sector bodies to deliver accessible places which are inclusive of all individuals regardless of their age, gender, race, religious or cultural beliefs or sexual orientation having regard to the needs of all people in the community when planning or implementing strategies, programmes or development. There is a shortfall in burial provision within Poole and it is estimated that there are 10 months supply of burial plots remaining in existing cemeteries. There are limited opportunities to extend existing cemeteries. Whilst some burials are being accommodated by the private cemetery at Randalls Hill, Lytchett Minster, this is not accessible to all residents of Poole. In 2009/2010, an alternative site for a new cemetery was considered off Magna Road but major reservations about the suitability of the site were raised by the Environment Agency because of concerns about ground water contamination. The current proposal would meet the need to provide an accessible and inclusive burial ground. Environmental Contamination Groundwater pollution is key constraint of any cemetery developments and a ground water 15

16 audit and risk assessment has been carried out and submitted. Based on the T2 Audit (Risk Assessment) the proposal is considered to be moderate risk, having regard to soil nature and type; Geomorphology; Abstractions; source protection zones (SPZs); and proximity to water courses, ditches and drains. There are also measures set out in the T2 Audit (Risk Assessment) which can be secured by condition to reduce the risk of pollution. A further condition is also secured to restrict the number of burials in any rolling 12 month period to not more than 30 which is the number modelled in the risk assessment. Biodiversity The site lies close to designated sites at Canford Heath SSSI, SPA, SAC and Ramsar however, the proposal is unlikely to cause damage to or destroy any interest features. A planning condition could secure the measures set out in the Biodiversity Mitigation Plan (sections F and G) in order to avoid harm to biodiversity and provide the necessary biodiversity gain as set out in the National Planning Policy Framework (March 2012). Amenity The proposal would have no direct impact upon residential amenities due to there being no residential properties in close proximity. Highways The application does not propose any changes to existing highway provisions. Whilst there have previously been instances of congestion at the site associated with services, the proposed increase of up to 30 burials per year is small in the context of the existing 2,400 cremations per annum. Because of the unpredictability of numbers of persons attending services, there have been occasions when there has been not enough car parking for the current use, although there have been no recorded traffic or access problems extending to Gravel Hill. Notwithstanding the current proposal, the Council is intending to extend the parking area, which is to be carried out as permitted development, and this would also serve the burial ground. INFRASTRUCTURE AND DEVELOPER CONTRIBUTIONS Not applicable. FINANCIAL CONSIDERATIONS Not applicable. CONCLUSION The proposal is recommended for approval given the very special circumstances associated with the proposed use. 16

17 The current proposal would meet the need to provide for burials over the next 6-10 years for which there is a lack of suitable alternative sites. Whilst it is sited within the Green Belt, the use is closely associated to the existing use of the site and is not likely to result in any significant harm to the openness of the Green Belt, nor prejudice the purposes for which the Green Belt was designated. BACKGROUND PAPERS Timmins V Gedling Borough Council [2014] - a judicial review for planning permission granted for a crematorium and cemetery in the Green Belt in Gedling. "It is apparent that it construed paragraphs 89 as treating cemeteries as "appropriate" (provided they met the limited test contained therein). However, paragraph 89 is not concerned with cemeteries per se but with the construction of "new buildings" which provide appropriate facilities for cemeteries. The two are clearly different. Thus, for example, paragraph 89 might address toilet facilities, or a cafeteria or a car park which serves a cemetery. But it is not concerned with the cemetery itself. The structure of paragraph 89 makes this clear. It creates a prima facie rule namely that the construction of new buildings is inappropriate. It then states that there are certain "Exceptions to this". Amongst the exceptions are the "...provision of appropriate facilities for...cemeteries...". In my judgement the defendant erred in treating the exception as applying to the cemetery as opposed to a new building which provided facilities to serve the cemetery. RECOMMENDATION It is therefore recommended that this application be Granted with Conditions subject to the following: Conditions 1. GN150 (Time Expiry 3 Years (Standard)) 2. PL01 (Plans Listing) 3. AA01 (Non standard Condition) There shall be no more than 30 burials within any 12 month period. REASON: To prevent pollution of the water environment in accordance with the Nation Planning Policy Framework and Environmental Regulations. 4. AA01 (Non standard Condition) Prior to the commencement of the use, a plan indicating the siting of the burial plots and soakaway and a tree survey and landscaping plan shall be submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include provision for ongoing landscape maintenance, the retention and protection of existing trees and other site features, and any changes in levels. 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 17

18 maintenance of all trees and plants in accordance with Policy PCS23(A) of the Poole Core Strategy (February 2009) and Policy DM1 (iii) of the Site Specific Allocations & Development Management Policies (April 2012). 6. WL040 (Management Plan) The development shall be carried out in accordance with the measures set out in sections F and G of the approved Biodiversity Mitigation Plan dated 26/10/2014. Reason - To avoid harm to biodiversity and provide the necessary biodiversity gain as set out in the National Planning Policy Framework (March 2012), and Policy PCS28 and PCS29 of the Poole Core Strategy (February 2009) and Policy DM9 of the Site Specific Allocations & Development Management Policies (April 2012). Informative Notes 1. IN72 (Working with applicants: Approval) 18

19 ITEM NO 03 APPLICATION NO. APP/14/01345/F APPLICATION TYPE Full SITE ADDRESS Merley Lane, Wimborne, BH21 1RY PROPOSALS Sever land and erect 3no. 3 bed bungalows and 2no. garages REGISTERED 16 October, 2014 APPLICANT Northshore Ltd AGENT Anders Roberts & Assoc WARD Merley & Bearwood CASE OFFICER Clare Spiller INTRODUCTION This application is brought before committee at the request of Councillor Brown because of concerns raised by local residents about character of the area and highway safety. Recommendation for Grant with Conditions THE PROPOSAL Sever land and erect 3 no. 3 bed bungalows and 3 no. garages MAIN ISSUES The principal issues for consideration in this case relate to Impact on character and appearance of the area Impact on residential amenity Impact on important amenity trees Parking and highway safety Biodiversity CIL compliance SITE DESCRIPTION The application site comprises land at nos Merley Lane. No. 52 is a bungalow which fronts onto Merley Lane, the rear part of the garden to this property forms part of the application site. No. 54 is a two storey detached house. The existing access to no. 54 runs parallel with the western boundary of the plot. Along the eastern side of the plot the land is currently garden land. The site is generally bounded by rear gardens. Properties on this part of Merley Lane have extensive rear gardens. The application property sits above road level as does the rear garden. There are a number of trees which include trees on and adjacent to the boundary of the application site. 19

20 RELEVANT PLANNING HISTORY None relevant on application site. PRE-APPLICATION ADVICE None. COMMUNITY CONSULTATION None. CONSULTATIONS Head of Transportation Services- No objection Natural England- No objection. Refer to standing advice. REPRESENTATIONS Letters of representation have been received from nearby residents and the comments are as follows:- Conflict in vehicles entering/ egressing the site Density and plot size not in character with the area and is overdevelopment Rear gardens are small for the size of bungalows proposed. Loss of privacy and quietness of rear garden at 38 & 40 Merley Gardens and proposal will be overbearing Potential fire risk from properties being close together and set back from Merley Lane access point and a fire engine would not be able to reach the site Vehicular traffic will be brought up into the garden areas leading to noise/pollution and traffic movements. Proposal will be overbearing lead to a loss of privacy to no. 40A Merley Lane Speed survey and report flawed since the time observed was at the quietest time of the day (10 to 11am). A further survey should be done when schools are open and at peak time 8am to 9.15am. This stretch of road has restricted visibility due to bend and high banks No footpath outside application site so pedestrians need to use the road, which is a danger to pedestrians Entrance to the site is opposite junction with Oakley Straight. Children often cross this top end of the Oakley Straight unaided. If approved:- Development should have flats roofs and PD Rights removed. It should be made clear within the deeds that the new fence erected along the rear of 38 Merley Gardens belongs to 38 Merley Gardens and is not a shared (party) fence. PLANNING CONSIDERATIONS POLICY AND GUIDANCE STRATEGIC CONTEXT National Planning Policy Framework (Adopted March 2012) 20

21 LOCAL CONTEXT The following policies are listed as applying to this application. Poole Core Strategy (Adopted February 2009) PCS05 PCS15 PCS23 PCS28 PCS29 PCS31 PCS32 PCS33 Broad Locations for Residential Development Access and Movement Local Distinctiveness Dorset Heaths International Designations Poole Harbour Spa and Ramsar Site Sustainable Energy - General Sustainable Homes Environmental Performance Of Commercial Buildings Supplementary Planning Document SPD1 Parking & Highway Layout in Development Poole Site Specific Allocations & Development Management Policies DPD (Adopted April 2012) Development Management Policies: DM1 Design DM7 Accessibility and Safety PLANNING JUDGEMENT The character of the area is residential with a mix of bungalows and two storey houses fronting Merley Lane. The existing properties have long rear gardens. The proposal is for 3 bungalows and to reposition the access. The site rises from the road, up to the house and then levels out in the rear garden. The proposal is a comprehensive development to provide an additional 3 properties and would create an identity in its own right. The separation distances involved and the fact that the bungalows are single storey will not be readily visible from the streetscene. There are very recent examples close to the application site where bungalows have been erected within a backland location accessed between no. 44 and 46 Merley Lane, which abut this application site, and at Merley Lane. The proposed severance will be in keeping with the evolving character of the area. It is considered that the plot severance will also make best use of land in a sustainable location being close to local services including a primary school and shops off Sopwith Crescent in accordance with PSC05. Amenity The proposed bungalows at the rear of the plot will not impact on the privacy of the occupants of dwellings that bound the site. There will be reasonable size gardens, between 7m -12m deep to serve the future occupants, however to ensure that adequate garden area is maintained, it would be reasonable to remove permitted development rights 21

22 for extensions to the property by way of condition. The back to back distance to the nearest property ranges between 32m and 36m to Merley Gardens, whereas the distance to the properties fronting Merley Lane is 27m-37m. With regards to no. 46a, the proposed side elevation of plot 3 will be sited 12.5m - 15m from the rear of no. 46a. The rear of 46a is sat at a slightly higher level than the site. There will be views of the side elevation of plot 3 and the roof and there will be views of the obscure glazed window over the fence. However subject to a condition requiring this window to be obscure glazed and a condition restricting further windows being inserted on the side elevation adequate privacy will be maintained. Trees One protected tree is required to be felled to facilitate the development. This tree is a Red Plum and is a Classified as a Class C tree. An Arboricultural Method Statement has been submitted to support the application to ensure that the trees on neighbouring land will be safeguarded during and after construction. The proposal includes 4 replacement trees one of which will be on the road frontage. The Arboricultural Method Statement is considered acceptable. Highway Safety The level of parking provision is sufficient for the development with 3 spaces per property provided (including a garage space per unit). The existing property will benefit form 2 parking spaces to the front of the property. The shared drive is wide enough at the top and bottom to allow cars to pass. The single width element of the driveway is 3.25m wide which is wide enough to accommodate a pedestrian and a car. There is sufficient space within the site to turn, allowing vehicles to exit in a forward gear. The access to the site is directly opposite a junction and sits on the inside of a bend. Provided land within the visibility splays has no obstruction above 0.6m in height there would be sufficient visibility based on the submitted speed survey and the relatively low child pedestrian movements in the vicinity of the access. As the dwellings could be family homes a condition to secure lighting along the access to be agreed should be attached. A bin collection point adjacent to the highway is provided within 6m of the highway. Whilst the distance to the individual dwelling exceeds 30m this is not considered to be so unreasonable given the use of wheely bins in this area. Sustainability Issues The Energy and Resources statement issued with the application summarises the ways in which the proposal would comply with PCS35. The proposed dwellings would be constructed to achieve the relevant level for Sustainable Homes, as required by the relevant policies in the Core Strategy. This will be ensured by imposition of the relevant condition. Biodiversity Phase 1 habitats survey has been submitted to support the application. The report concludes that no habitats of conservation concern were found on the site. 22

23 INFRASTRUCTURE AND DEVELOPER CONTRIBUTIONS Mitigation in respect of the impact of the proposed development on recreational facilities, Dorset Heathlands and Poole Harbour Special Protection Areas and strategic transport infrastructure is provided for by the Community Infrastructure Levy (CIL) Charging Schedule adopted by the Council on 18th September In accordance with CIL Regulation 28 (1) the Adopted Charging Schedule which came into effect in Poole on 2 nd January 2013 confirms that all planning applications for residential dwellings are CIL liable development and now required to pay CIL in accordance with the rates set out in the Council s Charging Schedule. The Borough of Poole s adopted Regulation 123 List of Infrastructure confirms that the infrastructure projects required to mitigate development s impact on recreational facilities, Dorset Heathlands and Poole Harbour Special Protection Areas and strategic transport infrastructure will be provided for by CIL instead of (and not in addition to) Planning obligations secured through S106 of the Town and Country Planning Act The proposal therefore accords with Core Strategy Policies PCS15, PCS28, PCS 36 and PCS37, DPD Policies DM9, IN1 and IN2 and Dorset Heathlands SPD. FINANCIAL CONSIDERATIONS If this development is granted permission and the dwellings built, the Council will receive 4317 in each of the following six years from the dwellings completion a total of 25,219 in government grant under the New Homes Bonus. This application currently falls into CIL Zone C which at present has a CIL chargeable rate of 75 per square metre of chargeable residential floorspace. The chargeable residential floorspace for this development will be calculated against this rate and indexed against the BCIS All-in Tender Price Index. The precise CIL liability in relation to this application will be confirmed in the CIL Regulation 65 Liability Notice which will be issued as soon as practicable after the day on which a planning permission first permits development. Local financial considerations are material to the decision on this application. It is a matter for the decision maker to conclude how much weight should be attach to those considerations The planning merits of the scheme stand alone, and whilst financial considerations are of obvious benefit to the Council, those considerations are not of such significance to outweigh any harm identified. The scheme should be approved in any event, or the scheme should be refused in any event. RECOMMENDATION It is therefore recommended that this application be Granted with Conditions subject to the following: Conditions 1. GN150 (Time Expiry 3 Years (Standard)) 2. GN030 (Sample of Materials) 3. HW050 (Barrier to Prevent Vehicular Access) 23

24 Before the development is occupied, a permanent physical vehicle proof barrier (low wall, fence fixed post and fixed chains or similar) shall be provided, the details of which are to be to submitted to, and approved in writing by, the Local Planning Authority, except for the access indicated on the approved plan; such barrier to be thereafter retained. Reason - To control indiscriminate manoeuvring across the public footway and restrict crossing to the approved vehicle access in the interests of highway safety and in accordance with Policy PCS15 of the Poole Core Strategy (February 2009), and DM7 and DM8 of the Site Specific Allocations & Development Management DPD Policies (April 2012). 4. HW080 (First 4.5 Metres Constructed) 5. HW090 (Access Gradient Not to Exceed 1:15) 6. HW100 (Parking/Turning Provision) 7. HW200 (Provision of Visibility Splays) 8. AA01 (Non standard Condition) Prior to first occupation of any of the dwellings, plans and particulars showing bollard lighting of the access drive shall be submitted to, and approved in writing by the Local Planning Authority, and shall thereafter be implemented in accordance with the agreed details and maintained in good working order in perpetuity. Reason- In order that the Local Planning Authority may be satisfied with the details of the proposal and in accordance with Policy DM7 of the Poole Site Specific Allocations and Development Management policies adopted TR030 (Implementation of Details of Arb M Stmt) 10. GN020 (Screen Fencing/Walling) 11. LS050 (Hard Landscaping) 12. LS020 (Landscaping Scheme to be Submitted) 13. GN160 (Sustainable Homes - Code Level 3) 14. GN162 (Renewable Energy - Residential) 15. RC010 (Remove Residential Permitted Development) 16. GN090 (Obscure Glazing of Window(s)) Both in the first instance and upon all subsequent occasions, the bathroom window on the south east elevation of Unit 3 shall be glazed with obscure glass 24

25 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 DM1(v) of the Site Specific Allocations & Development Management Policies (April 2012). 17. GN100 (No Further Windows in Specified Elevation) 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 shall be constructed in the south east elevation elevation of Unit 3 (such expression to include the roof and wall) of the building 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 DM1(v) of the Site Specific Allocations & Development Management Policies (April 2012). 18. PL01 (Plans Listing) Informative Notes 1. IN72 (Working with applicants: Approval) 2. IN74 (Community Infrastructure Levy - Approval) 25

26 ITEM NO 04 APPLICATION NO. APP/14/01535/F APPLICATION TYPE Full SITE ADDRESS land r/o 12 Nuthatch Close, Poole, BH17 7XR PROPOSALS Erect 2 bed detached dwelling REGISTERED 5 December, 2014 APPLICANT Mr S Martin WARD Creekmoor CASE OFFICER Darryl Howells INTRODUCTION This application is brought before committee by Councillor Mrs Butt in response to the interest of the local residents living in Nuthatch Close. Recommendation for Refuse THE PROPOSAL Erect 2 bed detached dwelling MAIN ISSUES The principal issues for consideration in this case relate to the impact of the proposed development upon:- the character and appearance of the area; neighbouring residential amenities; the adjacent public footpath; highway safety and parking; CIL compliance SITE DESCRIPTION The application site is located to the rear of a mews of terraced residential properties and is currently used as part of the outdoor amenity space associated with no.10 Nuthatch Close. The site is adjacent to a grass verge and public footpath that links Nuthatch Close to Martin Close. The site enclosed by a 1.8 metre high close boarded fence, and to its centre is a tree which is not covered by a Tree Preservation Order. The site is outside the 400 metre exclusion zone around the nearest heathland. RELEVANT PLANNING HISTORY History of domestic extensions to neighbouring houses. 26