Borough of Poole. Planning Committee. List of Planning Applications

Transcription

1 Borough of Poole Planning Committee List of Planning Applications 25 January,

2 BOROUGH OF POOLE Planning Committee DATE: 25 January 2018 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 Planning and Regeneration Manager 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 25 January 2018 at Not before 13:00 01 Land to rear of Wharfdale Road, Poole, BH12 2ED APP/17/00141/F 4 02 Land rear of 95 Commercial Road, Poole, BH14 APP/17/01524/F 22 0JD 03 Land adj Derwent, Magna Road, Poole, BH21 APP/17/01132/F 33 3AW 04 5 Turks Lane, Poole, BH14 8EW APP/17/01640/F 39 Not before 14: Minterne Road, Poole, BH14 8NA APP/17/01154/F Oakdale Road, Poole, BH15 3LD APP/17/01606/F High Park Road, Broadstone, BH18 9DE APP/17/00730/F Harbour View Road, Poole, BH14 0PD APP/17/01844/F 71 Not before 15: Winterhayes Close, Poole, BH17 9HP APP/17/01727/F Flat 5, Katerose, 11 Durrant Road, Poole, BH14 APP/17/01678/F 8TX 77 3

4 ITEM NO 01 APPLICATION NO. APP/17/00141/F APPLICATION TYPE Full SITE ADDRESS Land to rear of Wharfdale Road, Poole, BH12 2ED PROPOSALS Sever land from the curtilage of Nos Wharfdale Road and erect 6no. dwellings with the formation of a new vehicular access driveway from Wharfdale Road between Nos.26 and 28 and associated parking, bin storage and landscaping. REGISTERED 13 February, 2017 APPLICANT OOTA Property Ltd AGENT Morgan Design Studio Ltd WARD Branksome West CASE OFFICER Steve Llewellyn INTRODUCTION This application is brought before committee at the request Councillor Mrs Le Poidevin because of concerns about inappropriate development of a backland site and the concerns of neighbouring residents. Recommendation for Grant With CIL Contribution THE PROPOSAL Sever land from the curtilage of Nos Wharfdale Road and erect six dwellings with the formation of a new vehicular access driveway from Wharfdale Road between Nos.26 and 28 and associated parking, bin storage and landscaping. MAIN ISSUES The principal issues for consideration in this case relate to: Impact on Street Scene and the Character of the Area Impact on Residential Amenity Highway Issues Affordable Housing Provision Impact on Protected Trees Impact on Protected Species Sustainability Issues CIL Compliance 4

5 SITE DESCRIPTION The site is located on the southern side of Wharfdale Road on the outside of a bend to the road. The site currently comprises part of the rear gardens of Nos Wharfdale Road and the existing access driveway to No.26 Wharfdale Road that runs to the side of the property and formerly led to detached garages to the rear of No.26 that have now been demolished, together with a small strip of land that currently forms part of the driveway to the front of No.28 Wharfdale Road. The area of land at the rear of No.26 Wharfdale Road that forms part of the application site is separated from the external rear garden/amenity area to that property by close boarded fencing, whilst the remainder of the site currently forms and is used as part of the private amenity space to the parent properties. The existing property at No.26 is split into two maisonettes and forms one part of a pair of semi-detached properties (adjoined to No.24 which also comprises two flats), whilst Nos.28 and 30 form a pair of semi-detached houses and No.32 is also one half of a pair of semi-detached dwellings (adjoined to No.34). The properties are all two-storey. The existing properties each have their own individual access onto Wharfdale Road and parking areas to the front of the dwellings with low boundary walls to the front boundaries. The existing parent properties are set in deep, linear plots with the exception of No.30 Wharfdale Road that is wedge shaped and is uncharacteristically considerably larger than the other plots. The levels of the site slope downwards from the front boundary towards the south eastern and south western boundaries. To the south east of the site is Branksome Recreation Ground which is set at a slightly lower level than the application site, whilst immediately to the south west there is a strip of land which separates the site from the properties in Cedar Way to the south. This strip of land is fenced off from the rear gardens of Nos Wharfdale Road and is owned by the Borough of Poole and understood to accommodate a drain culvert. It is also heavily covered by a belt of trees to the rear of the gardens to Nos.28 and 30 Wharfdale Road which also contain a number of trees within their gardens adjacent to this boundary. There are also a number of trees adjacent to the south eastern boundary of the site that are located both within the rear gardens of Nos.30 and 32 Wharfdale Road and within the adjacent recreation ground. To the north west and north east respectively, the site is adjoined by the rear gardens of the neighbouring properties at Nos.24 and 34 Wharfdale Road. The immediate area is predominantly characterised by pairs of similarly proportioned, mostly two-storey dwellings arranged consistently along well-defined building lines within similarly sized plots. Some of the properties are occupied by flats but retain the same appearance as the semi-detached houses, whilst there are also some detached houses and a row of bungalows on the opposite side of the road to the north. The broad consistency of layout and spacing represents an important characteristic of the area, whilst buildings typically front the road and predominantly follow a conventional street pattern with the dwellings set behind front gardens and set within their own individual plots. There are some examples of higher density development nearby in Chideock Close, Marline Road and Cedar Way, these developments being the result of more comprehensive subdivision or redevelopment of large plots in the past. 5

6 RELEVANT PLANNING HISTORY Application Site: None. Land at Rear of No.26 Wharfdale Road 2014: Erect a detached 2 bedroom bungalow (APP/12/01550/F). An appeal against non-determination of the application was dismissed. In dismissing the appeal, the Inspector concluded that: The proposal would clearly be inconsistent with the pattern and grain of development found in the area and would insert an unrelated form of development into the rear garden space. The result would be an incoherent and incongruous form of isolated backland development that would sit uncomfortably within its residential setting. The current proposal is arbitrary and piecemeal and bears little or no relationship to the layout, style and nature of surrounding development or the well defined spatial relationship between dwellings. The proposal would have a harmful effect on the character and appearance of the surrounding area and in this regard the proposal fails and is in direct conflict with policies PCS5 and PCS23 of the Poole Core Strategy. Nos Wharfdale Road 2007: Demolition of 2no bungalows and erection of 4no 2-bed semi-detached houses and 1no 2-bed bungalow at rear. Refused (APP/07/31023/000/F). 2007: Demolition of 2no bungalows and erection of 4no 3-bed semi-detached houses with associated parking. Approved (APP/07/31023/001/F). 2009: Outline application to demolish the existing bungalows at Nos Wharfdale Road and erect 2no 3-bed semi-detached dwellings, 1no 3-bed detached dwelling and 3no 1-bed terraced cottages. Refused (APP/08/31023/002/P) but subsequently allowed on appeal. 2010: Demolish the existing bungalow at No.38 Wharfdale Road and erect a replacement 3-bed detached dwelling at the front of the site, 4no 1-bed semi-detached dwellings at the rear of the site and a first floor extension to No.36 Wharfdale Road Approved (APP/10/00945/F). This planning permission has been implemented. 2013: Relief of Condition No.8 of planning permission APP/10/00945/F that related to the requirement for the development to be built to a minimum of Code Level 3 of the Code for Sustainable Homes. Withdrawn (APP/13/01321/F). 2014: Non-material amendment following the approval of planning permission APP/10/00945/F to change the roof profile from a half hip gable to a full gable on Plots 2-5, together with alterations to windows, doors and porch/canopy and the addition of a side window to the ground floor of Plot 1. Approved (APP/14/00086/F). 2014: Non-material amendment following the approval of planning permission APP/10/00945/F to list the approved plans. Approved (APP/14/01338/F). 2015: Variation of Condition No.1 of non-material amendment APP/14/01338/F (original application APP/10/00945/F) to increase the floor level by 300mm. Approved 6

7 (APP/14/01574/F). There have also been various applications for extensions to the existing parent properties at Nos.30 and 32 Wharfdale Road, but these are not of direct relevance to this current proposal. PRE-APPLICATION ADVICE PREA/15/00096: Proposed severance of curtilage and redevelopment of land to the rear of Nos Wharfdale Road to create 8no new dwellings and a new vehicular access road. The following pre-application advice was provided in response to the pre-application proposal: As indicated above, the principle of the proposed development of the site to deliver residential properties is acceptable. However, there are concerns regarding the layout of the proposed development in terms of its potential impact on the character and appearance of the street scene and surrounding area and the amenities of the occupants of the neighbouring properties. It is also likely to result in the unacceptable loss of trees and/or result in harm to the health, stability and potential retention of trees both within and adjacent to the site that are likely to be required to be retained, as well as resulting in an unsustainable future tree-building relationship that is likely to lead to future pressure for the pruning and/or felling of retained trees. The proposal would also require some amendments to ensure that the proposed vehicular access road is of an appropriate design and also of an adoptable standard. Given the concerns that have been identified, it is considered that the proposal represents an overdevelopment of the site and that a development of 5 or 6 dwellings is likely to lead to a more acceptable layout that has adequate regard to the constraints of the site. COMMUNITY CONSULTATION None. CONSULTATIONS Transport Policy Manager: Support the proposals subject to the imposition of conditions requiring the provision of the access, parking and turning facilities within the site and the provision of pedestrian visibility splays prior to the occupation of the dwellings and also requiring details of the construction of the proposed vehicular access road to ensure that it is built to an adoptable standard. Head of Environmental Services (Waste Management): Support the proposals. The bin collection point is of a sufficient size and located in an acceptable location and distance from the kerbside. The proposals are acceptable from a waste collection perspective. Head of Environmental Services (Ecology): Support the proposals subject to the recommendations set out within the submitted Ecology Report being secured by condition, including the requirement for a detailed survey and assessment of the rear gardens of Nos.30 and 32 Wharfdale Road and any necessary mitigation and compensation measures 7

8 submitted for approval and subsequently implemented. REPRESENTATIONS The application has been advertised by site notice and neighbour notification. Several letters of representation have been received which raise the following objections to the proposed development: The proposed development represents garden grabbing and the density of development is significantly higher than that found in the area and would appear cramped and overdeveloped to the detriment of the character of the area. The proposed terraced dwellings would be small and out of keeping. The proposed dwellings would result in a loss of privacy due to overlooking, overshadowing and a loss of light to neighbouring properties and would also adversely affect neighbouring amenity due to noise and light pollution including from vehicular movements into and out of the site. Lack of parking provision to serve the proposed development. Wharfdale Road is already congested with on-street parking and the proposal would exacerbate this existing problem on a bend of Wharfdale Road and would restrict access along Wharfdale Road to the detriment of highway safety, which is used as a cut through between the major surrounding roads at peak times. The proposal would result in the loss of a number of trees. The existing rear garden areas provide a green path for wildlife. The surrounding area is already prone to flooding in events of heavy rainfall and the proposal would exacerbate existing surface water and inadequate drainage issues. The proposed development can only go ahead with the permission of the existing landowners, but not all of the existing landowners wish to sell their rear gardens to the developer (This is a private matter for the landowners and the developer but is not a matter that would prevent planning permission being granted). Two letters of representation that make the following comments in support of the proposed development have also been received: The development will contribute towards meeting Poole s housing need and provide properties that are affordable. Development of land in the town (built up area) will take away pressure to build on the Green Belt. The proposed dwellings would be in keeping with those built to the rear of Nos.36 and 38 Wharfdale Road and the surrounding area that comprises a mix of property types. The site is located away from the road and would integrate comfortably. The proposed development would improve security along the strip of land/lane to the rear of the site. Following the submission of amended plans, several letters of representation have again been received which reiterate the objections that have previously been raised. In addition, the following comments have also been raised: The dwelling on Plot 1 has been increased in size to a 3-bed dwelling. It is questioned whether this dwelling could be built as a single unit to the rear of No.26 Wharfdale Road if the land to the rear of the other dwellings (Nos Wharfdale Road were not available to the developer) given the previous appeal decision to dismiss an application 8

9 for a single dwelling to the rear of No.26 Wharfdale Road. The proposed dwelling on Plot 1 would appear unduly prominent and result in a loss of outlook to the amenities of the occupants of the neighbouring properties. PLANNING CONSIDERATIONS POLICY AND GUIDANCE STRATEGIC CONTEXT National Planning Policy Framework (NPPF) (March 2012) National Planning Practice Guidance (NPPG) (March 2014) LOCAL CONTEXT The following policies are listed as applying to this application. Poole Core Strategy (Adopted February 2009) PCS05 PCS15 PCS23 PCS28 PCS31 PCS32 PCS35 PCS37 Broad Locations for Residential Development Access and Movement Local Distinctiveness Dorset Heaths International Designations Sustainable Energy - General Sustainable Homes Energy and Resources Statements The Role of Developer Contributions in Shaping Places Poole Site Specific Allocations and Development Management Policies DPD (Adopted April 2012) Development Management Policies DM1 DM7 DM8 DM9 Design Accessibility and Safety Demand Management Green Infrastructure and Biodiversity Delivering Poole s Infrastructure DPD (Adopted April 2012) IN1 IN2 Poole s Infrastructure Delivery Framework Developer Contributions Supplementary Planning Document Parking and Highway Layout in Development (Adopted July 2011) The Dorset Heathlands Planning Framework (Adopted November 2015) 9

10 PLANNING JUDGEMENT This application seeks planning permission to sever land from the existing rear gardens of Nos Wharfdale Road and to erect 6no dwellings with associated parking provision and landscaping. The proposed dwellings would comprise of 1no detached 3-bed dwelling (Plot 1), 2no semi-detached 2-bed dwellings (Plot 2) and 3no terraced 2-bed dwellings (Plots 4-6) that would all be single storey with further accommodation in the form of bedrooms and bathrooms at the first floor level provided within the roof space. The proposed dwellings would be accessed via a new shared surface driveway between Nos.26 and 28 Wharfdale Road that would be formed by utilising the existing vehicular access to No.26 from Wharfdale Road and widening it over the initial section and extending it into the site. The proposal also includes the provision of a total of 9 on-site parking spaces to serve the proposed new dwellings. Impact on Street Scene and Character of the Area Policy PCS05 of the Poole Core Strategy is inline with that guidance and requires that residential proposals involving plot severance need to demonstrate that sufficient land can be assembled to accommodate a type, scale, density and layout of development which preserves or enhances the residential character of the area, and would not harm the amenities of local residents. In accordance with this policy, the design of the proposed buildings should contribute positively to those attributes of a particular street which distinguish it and establish the specific character of the area. This stance is reinforced by Policy PCS23 of the Core Strategy which also seeks to ensure that development exhibits a high standard of design that will complement or enhance Poole's character and local distinctiveness by respecting the setting and character of the site, surrounding area and adjoining buildings by virtue of function, siting, landscaping and amenity space, scale, density, massing, height, design details, materials and appearance. In considering the principle of the proposed sub-division and development of the site with the erection of 6no dwellings, the planning history of the application site and the nearby site at Nos Wharfdale Road is of direct relevance to the determination of this application. In this regard, in determining a previous appeal for the erection of a detached bungalow to the rear of No.26 Wharfdale Road, the Appeal Inspector stated The proposal would clearly be inconsistent with the pattern and grain of development found in the area It would insert an unrelated form of development into the rear garden space. The result would be an incoherent and incongruous form of isolated backland development that would sit uncomfortably within its setting. The Appeal Inspector went on to conclude that the appeal proposal is arbitrary and piecemeal and bears little or no relationship to the layout, style and nature of surrounding development or the well defined spatial relationship between dwellings. In determining that appeal, however, the Planning Inspector acknowledged that there is some limited backland development in the broader area and made particular reference to the redevelopment of the site at Nos.36 and 38 Wharfdale Road that is located in very close proximity to the current application site. In comparing that development with the appeal proposal for the erection of a detached bungalow to the rear of No.26, he stated that it was markedly different featuring the demolition of one dwelling and a more comprehensive redevelopment to provide five new properties. Importantly, and of particular relevance to 10

11 the current proposals, in considering the development at Nos.36 and 38 Wharfdale Road the Inspector concluded Although that scheme would also provide dwellings to the rear of the site, the more comprehensive nature of the proposal ensures that it has the scope to present a form of development that would have an identity in its own right as well as making a positive contribution to the street scene. I therefore accept that some backland proposals of this type can work effectively. With regards to the current proposals, it is evident that the proposed dwellings would also be set back into the site behind the parent properties that front onto Wharfdale Road in a backland location where residential development does not currently exist and it would therefore clearly be inconsistent with the prevailing pattern and grain of development that is found in the area. Nevertheless, the proposed development would largely follow the design principles and would be of a very similar character to the recently constructed development to the rear of Nos Wharfdale Road. In addition, like that development, it would be of a sufficient scale to be of a comprehensive nature that would ensure that it would present a form of development with a character and an identity in its own right. The dwelling on Plot 1 would be visible from Wharfdale Road when viewed from the site entrance along the length of the access driveway, but given the scale of the proposed dwellings, together with the changes in levels within the site and the fact that they be set well back from Wharfdale Road, the dwellings on the other plots (Plots 2-5) would be largely out of sight from public views within Wharfdale Road. As such, the proposed development would not interrupt the rhythm of development or result in any significant detriment to the character and appearance of the street scene of Wharfdale Road. Furthermore, although the proposed dwellings would be visible from the adjacent recreation ground to the south east of the site, they would be seen in the context of the dwellings built to the rear of Nos.36 and 38 Wharfdale Road and would not appear unduly prominent or harmful. Together with those dwellings, and to a lesser extent those dwellings in Cedar Way that also back onto the recreation ground, the proposed dwellings would form a more comprehensive character from those views. It is evident, however, that the dwelling on Plot 1 would be sited in a similar position to that of the proposed bungalow to the rear of No.26 Wharfdale Road that was previously refused at appeal and as stated above it would be visible from Wharfdale Road. Given the conclusions of Appeal Inspector in dismissing that appeal it is important to ensure that, if approved, the development could not be lawfully implemented and made extant by the construction of the single dwelling on Plot 1 in isolation and without the remainder of the development being built out as a comprehensive development as this has previously been determined to be unacceptable. This is particularly pertinent in this instance given the concerns that have been raised to the proposal on the grounds that some of the existing landowners of the application site do not wish to sell their rear gardens, including a letter of objection from one of those landowners stating this to be the case. It is therefore considered to be appropriate that the access road should be required to be constructed to base course along its entirety as the first phase of the construction/development and prior to the commencement of construction of any of the dwellings. This would require the applicant to have secured the land to the rear of all of the parent properties that forms the application site and would therefore provide a greater certainty that all of the proposed dwellings would be constructed as a comprehensive scheme. This can be secured by condition. However, it is important to note that whilst the applicant does not currently own all of the land which forms the application site and whilst it may be the case that the existing landowners do not wish to sell 11

12 their land this does not form a legitimate or defendable reason to refuse this, or any other, planning application. In terms of the layout of the development and the resultant plot sizes, the immediate area is largely characterised by pairs of semi-detached, two-storey dwellings that are similarly proportioned and arranged consistently along well-defined building lines within similarly sized plots. Whilst it is acknowledged that some of the properties are split into flats and there are some detached houses and bungalows, this broad consistency of layout and spacing represents an important characteristic of this part of the town. It is evident that proposal would result in retained plots to the parent properties at Nos Wharfdale Road that would be similar to other plots in the immediate vicinity. Whilst the retained plot to No.26 Wharfdale Road and those of the proposed dwellings would be slightly smaller than is typical in this part of Wharfdale Road, they would nevertheless be larger, or at least comparable, to the plot sizes of the parent properties and new dwellings that have previously been accepted with the development at Nos.36 and 38 Wharfdale Road to the north east and other developments in the surrounding vicinity such as those properties in Cedar Way and Marline Road to the south. The proposed development would therefore provide a more spacious development with greater separation between the properties and to the boundaries and of a lower density than has previously been accepted at Nos Wharfdale Road in the immediate vicinity of the site. Therefore, in its particular context as it has now evolved, it would be difficult to conclude that the subdivision of the site in the manner proposed would be materially harmful to the character and appearance of the street scene and surrounding area. With regards to the design and scale of the proposed dwellings, it is evident that the current scheme follows the same design principles of those dwellings built on the site at Nos Wharfdale Road and although the proposal includes detached, semi-detached and terraced dwellings they would all be of the same design characteristics and would form a cohesive appearance to the development. Whilst terraced housing is not characteristic of the properties in Wharfdale Road, as stated they would not be readily within that street scene but instead would be more visible from the adjacent recreation ground to the south east where they would be viewed in the context of the terraced housing in Cedar Way to the south of the site. This form of housing, therefore, would not be out of keeping and it is considered that the scale, form and design of the dwellings would sit comfortably within, and compliment the character and appearance of the surrounding area. The proposed dwellings have also been appropriately sited within the site and designed in such a manner to ensure that windows and doors face onto the public realm and parking spaces, thereby providing a sense of arrival to the development (Plot 1), an active frontage and interaction with the internal access road and public realm, as well as a degree of natural surveillance. The proposal would result in the creation of hard surfacing across almost the entire frontage of Nos.26 and 28 Wharfdale Road that would deviate from the appearance of the street scene that is generally characterised by some degree of planting to the front garden areas that are enclosed by low walls or fences to the frontages. However, this would not be dissimilar to the frontage of Nos Wharfdale Road, whilst there are also other properties within the vicinity of the site where the front garden is almost entirely laid to hardstand and the front boundary is open, such as Nos.58 and Wharfdale Road. In addition, this could also be carried out as permitted development. As such, it would not appear so harmful to the character and appearance of the street scene as to warrant refusal. 12

13 Given the above considerations, it is accepted that the proposal would assemble sufficient land and deliver a development of a type, scale, density and layout of development that would preserve the residential character of the area in accordance with the provisions of Policies PCS5 and PCS23 of the Poole Core Strategy. The proposal would also make an efficient use of land within a sustainable residential location and would make a positive contribution to residential land availability and the provision of six additional new homes to meet Poole s housing need. Impact on Residential Amenity The proposed development would alter the relationship between the application site and the neighbouring properties through the introduction of new dwellings into a backland location. The proposed dwellings, however, would be separated by between approximately 11 to 25 metres to the rear elevations of the parent properties at Nos Wharfdale Road and the adjacent properties that front this road to either side of the application site (Nos.24 and 24 Wharfdale Road), whilst a minimum separation distance of 12 metres would be achieved to the side elevations of Nos.14 and 15 Cedar Way to the rear of the site. The minimum separation distance that would be achieved to the neighbouring properties would be similar to that which has previously been accepted between the new dwellings that have been constructed to the rear of Nos Wharfdale Road and those existing properties fronting Wharfdale Road. Given the separation distances that would be retained and the scale of the proposed dwellings, together with factors such as the lower ground level that the proposed dwellings would be set at in comparison to the properties fronting Wharfdale Road or the presence of intervening tree screening, the proposals would not result in an overbearing or oppressive development or give rise to a material loss of outlook, loss of sunlight/ daylight or materially harmful overshadowing of the neighbouring properties. The proposed dwellings on Plots 1 and 6 would be located within closer proximity to the boundaries with the rear gardens of the neighbouring properties at Nos.24 and 34 Wharfdale Road respectively and may give rise to some overshadowing of these neighbouring rear gardens. However, any overshadowing would be across the lower end of the neighbouring rear gardens that are less sensitive in terms of the manner in which they are used and would not be so extensive or materially harmful as to warrant refusal of this application. In terms of privacy, the principal habitable accommodation (living rooms, kitchens and dining areas) would be accommodated on the ground floor of the proposed dwellings and therefore the existing and proposed provision of fencing to the boundaries of the site would ensure that there would not be any material loss of privacy to any of the neighbouring properties due to overlooking from the ground floor windows. These windows would therefore simply have an outlook into the external garden area related to that particular dwelling or onto the public realm of the access road to the front of the properties. This would particularly be the case given the lower ground level that the proposed dwellings would be set at in relation to the frontage properties to Wharfdale Road. The proposed dwellings, however, do include the provision of windows to their front and rear elevations to serve bedrooms and bathrooms that would be accommodated within the roof space. However, with the exception of the dormer windows to the rear elevation of the dwellings on Plots 4-6 that would have an outlook towards the adjacent recreation ground, 13

14 the first floor accommodation would be served by roof light windows that would not offer the same degree of outlook as a window with a vertical face. As such, and in conjunction with the separation distances that would be achieved between these windows and those windows to the rear and/or side elevations of the neighbouring properties and having regard to the nature of use of the accommodation that they would serve (bedrooms and bathrooms not being principal habitable rooms) establishing material harm due to a loss of privacy from overlooking would be difficult. In this regard, the separation distances that would be achieved between the windows of the proposed dwellings and the existing neighbouring properties would be similar to those that exist between the principal (front) elevations of the dwellings on the opposite sides of Cedar Way to the rear of the site. Furthermore, some of the views towards the neighbouring properties would be oblique, for example those between the dwelling on Plot 1 and the neighbouring property at No.24 Wharfdale Road, whilst in relation to other plots there would be intervening tree planting that would provide some screening effect particularly during the spring/summer months, for example between the dwellings on Plots 2-4 and No.15 Cedar Way. For these reasons, it would be difficult to substantiate a reason for refusal on the grounds that the proposal would give rise to a material loss of privacy due to unacceptable levels of overlooking. However, to ensure that an acceptable level of privacy is retained, it would be reasonable to condition the removal of permitted development rights for the insertion of any additional windows above ground floor level of the properties to allow proper consideration to be given to any such future proposals. Concerns have been raised regarding the impact of the proposal on the amenities of the occupants of the neighbouring properties in relation to noise nuisance and light pollution, particularly resulting from the vehicular movements associated with the proposed development. It is accepted that the proposal would introduce a level of vehicular activity into the site where none currently exists and therefore lead to some noise and disturbance. However, the dwellings would be relatively small 2 bedroom houses, with the exception of the dwelling on Plot 1 that would contain 3 bedrooms, and therefore the likely number of vehicular movements that would take place would be at a scale that is unlikely to cause significant harm to the existing residents of the neighbouring properties or future occupiers. Similarly, although the proposal would result in an intensification of the use of the site, again it would not be at a scale where it could be reasonably demonstrated that the proposals would materially harm the amenities of any adjacent resident due to increased noise and disturbance arising from the general activities taking place within the site in association with the use of the proposed dwellings. In terms of the amenities of the future occupiers of the proposed development, it is evident that the proposed dwellings would all benefit from rear gardens that are of a reasonable size, private and usable. In this regard, the external amenity space of all of the proposed dwellings and the parent properties fronting Wharfdale Road (Nos.26-32) would be of a larger size than the areas of private amenity space associated with both the parent properties and the new dwellings that have previously been determined to be acceptable in relation to the fairly recent development at Nos Wharfdale Road. In addition, in any event, the proposed dwellings would be located in very close proximity to the adjacent recreation ground. 14

15 Highway/Parking Issues With regards to highway and parking issues, the current scheme proposes to retain and utilise the existing vehicular access to No.26 Wharfdale Road that would be widened by incorporating some of the land to the front of the parent property at No.28 Wharfdale Road to provide a new shared driveway to provide access to the proposed dwellings. The width of the vehicular access would be 5 metres wide over the first 7 metres into the site, thereby enabling a vehicle to enter the site and to safely wait for or pass an oncoming vehicle exiting the site without having to wait on the carriageway of Wharfdale Road which is important in terms of highway safety given the location of the site on a bend in the road. The proposals would require the existing accesses/dropped kerb crossings serving Nos.26 and 28 Wharfdale Road to be repositioned/widened, whilst a telegraph pole would also need to be relocated, to facilitate the proposed vehicular access to the site that would be required to be undertaken at the applicant s expense. The access driveway would then narrow to 3.7 metres between Nos.26 and 28 Wharfdale Road that would maintain sufficient passing width for a vehicle and a pedestrian/cyclist and would be designed as a shared surface road. The access road would narrow further slightly around the bend and to the front of the proposed dwellings on Plots 2 and 3 but the road layout would provide further passing opportunities along that section of the driveway whilst the more restricted width of the access road would assist in reducing vehicle speeds within the site. Given the number of dwellings that are proposed to be served off the new access driveway it would need to be constructed to an adoptable standard that would include lighting to aid pedestrian safety. This can be secured by condition. Whilst the site frontage to Wharfdale Road is located on the bend in the road, it would be located on the outside of the bend and therefore would allow reasonable views along Wharfdale in either direction from the proposed vehicular access. The proposal also indicates that the area of land for the first 2m into the site from the back edge of the pavement would be kept clear of all obstruction over 0.6 metres in height above the adjoining highway that would aid pedestrian safety. The provision of a pedestrian visibility splay across the site frontage can be secured by condition. In addition, adequate on-site turning provision would also be incorporated within the scheme to enable vehicles to enter and exit the site in a forward gear. As such, the proposed access arrangements would ensure that adequate vehicular and pedestrian visibility is achieved at the site entrance and are therefore acceptable in terms of highway safety. In terms of parking provision, the proposal includes the provision of a total of 9 parking spaces to serve the proposed dwellings that would provide an adequate level of on-site parking to meet the Council s adopted parking guidelines as set out in the Parking and Highway Layout in Development DPD (Adopted 2011). In addition, the submitted plans also indicate that the retention of two parking spaces to the front of each of the parent dwellings at Nos.26 and 28 Wharfdale Road. Whilst any vehicles parked in those spaces would have to either reverse in or out of the parking spaces this is no different to the existing situation and is a common arrangement along Wharfdale Road, and given that Wharfdale Road is not a classified road there is no objection to this arrangement on highway safety grounds. The transport/highway needs of the proposed development would therefore be met and it would not cause any detriment to highway and pedestrian safety. 15

16 Affordable Housing Provision Policy PCS6 of the Poole Core Strategy seeks the provision of affordable housing, subject to various criteria, to meet local needs on all developments of 6 dwellings or more where it is demonstrated viable to do so. However, regard is had to the Order of the Court of Appeal dated 13 May 2016 which gives legal effect to the policy set out in the Written Ministerial Statement of 28 November 2014, and the NPPG which specifies that contributions should not be sought from developments of 10 units or less, and which have a maximum combined gross floor space of no more than 1000sqm. In this case, the development is for 6 units and the maximum combined floor space is less than 1000sqm, and therefore notwithstanding the provisions of Policy PCS6, the provision of affordable housing, either on-site or an off-site contribution, is not sought in this instance. Impact on Protected Trees With regards to the impact of the proposed development on trees, it is evident that a number of trees of mixed species are located within, and immediately adjacent to, the site. These trees are primarily located to either side of the south western and south eastern boundaries of the site but are not subject to a Tree Preservation Order. The application has been supported by an Arboricultural Impact Assessment and Method Statement that identifies that the proposal would require the removal of a Birch at the western end of the group of trees (T17g) adjacent to the south western boundary, a Scots Pine (T19), as well as a Willow and a Sycamore (T20g) in order to facilitate the proposed development as these trees would be either within, or in very close proximity to, the footprint of the proposed dwellings. The submitted report also identifies that the remaining trees within T17g and T18g could be retained with the proposed layout of the development but as these trees are all of a low quality and low amenity value they could therefore be removed and replaced with new tree planting that would be more appropriate to the proposed development. It is accepted that these trees are not of sufficient importance in terms of their individual quality or amenity value to warrant protection or to constitute a constraint to the development. Therefore, their loss would not have any significant adverse effect on the amenity of the surrounding area, particularly given that the more important and larger trees that are located on the adjacent land to the south west and south east of the site, including the significant trees (Silver Birch (T1) and Horse Chestnut (T2)) growing within the recreation ground. The loss of these trees can also be mitigated through replacement tree planting that can be more appropriately located to contribute to the setting of the proposed dwellings and the environment of the proposed development (e.g. street trees) and that would provide improved amenity value and tree cover in the longer term. This replacement tree planting can be secured by condition.. It is also evident that the two parking spaces that are to be sited between the dwellings on Plots 1 and 2 would encroach within the root protection areas (RPA) of the group of Ash trees (T14g) that are located adjacent to the south western boundary of the site. However, these parking spaces could be constructed using a no-dig specification to minimise any potential impact on the roots systems of these trees, but in any event they are relatively small and not of any significant amenity value. Therefore, their removal would not be resisted and they should not be considered as a constraint to the development. The construction activities associated with all other aspects of the proposed development 16

17 including the proposed dwellings, access road and parking spaces, however, would be sited outside of the RPA s of those trees that are to be retained within, and adjacent to, the site. The submitted arboricultural report also identifies that any potential impacts of the proposed development can be minimised through the implementation of simple protective measures to ensure that there would not be any unacceptable harm arising from the construction works. This includes measures such as the erection of protective fencing; the appropriate location for site compounds, materials storage and cement mixing; and the methodology for the installation of new boundary fencing and underground services. The submitted arboricultural information therefore adequately demonstrates that the proposed development can be achieved without detriment to the important trees that are to be retained within, and adjacent to, the site. In addition, the layout of the proposed development has also been amended by siting the dwellings further away from the south eastern and south western boundaries of the site to ensure that it would provide an acceptable tree-building relationship that would be sustainable in the long term, particularly in relation to the more important trees adjacent to the south eastern boundary of the site and the dwellings on Plots 4-6. Given the above considerations, the Council s Senior Arboricultural Officer does not raise any objection to the proposed development subject to the implementation of the proposed mitigation measures as set out in the submitted Arboricultural Method Statement which can be secured by condition. Impact on Protected Species The presence of a protected species is a material consideration when determining a planning application that, if carried out, would be likely to result in harm to a protected species or its habitat. In the vast majority of cases, it is therefore essential that the presence or otherwise of protected species, and the extent that they may be affected by the proposed development, is established before planning permission is granted, otherwise all relevant material considerations may not have been addressed in making the decision. The application has been supported by a Protected Species Assessment that identifies that no evidence of protected species or habitat with potential to support protected species was observed during a site survey, although full access was not available to the gardens of Nos.30 and 32 Wharfdale Road. The report therefore states that a further detailed assessment of the gardens of Nos.30 and 32 should be carried out to ensure that no features or evidence of the presence of protected species or suitable habitat to support them should be undertaken. It also sets out precautionary mitigation measures and biodiversity enhancement measures that it is recommended are implemented. These recommendations can be secured by condition. As such, it is therefore considered that the proposed development is unlikely to cause any harm to protected species. Refuse/Recycling Collection The proposed dwellings would be provided with individual bins by the Waste Collection Authority and it would be expected that they would be presented to the bin collection area that is proposed as part of this application and that would be located within 10 metres of the kerbside for collection on the relevant day and returned to the relevant property on non-collection days. Whilst the residents of the proposed dwellings would have to wheel their bins in excess of the recommended distance of 30 metres, this is not considered to be so unreasonable given the use of wheelie bins in this area that it would warrant refusal of the scheme. The Head of Environmental Services has confirmed that the bin collection point 17

18 is of a suitable size and location from a waste collection perspective. Sustainability Issues Being new build houses, they would be required to meet the latest Building Regulations, therefore achieving a high level of energy efficiency and sustainability. The Energy and Resources statement submitted as part of this application sets out how the proposed development could comply with the requirements of Policies PCS32 and PCS35 to achieve 10% of the predicted energy needs for the proposed dwellings. This can be secured by condition. INFRASTRUCTURE AND DEVELOPER CONTRIBUTIONS Mitigation 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) this confirms that dwellings are CIL liable development and are required to pay CIL in accordance with the rates set out in the Council s Charging Schedule. The site is within 5km (but not within 400m) of Heathland SSSI and the proposed net increase in dwellings may be acceptable subject to appropriate mitigation of their impact upon the Heathland. As part of the Dorset Heathland Planning Framework a contribution will be taken from all qualifying residential development to fund Strategic Access Management and Monitoring (SAMM) in respect of the internationally important Dorset Heathlands. The charge is based on the cost of delivering SAMM in Poole and is 355 per additional house / 242 per additional flat (plus admin fee). This proposal requires such a contribution. The applicant has submitted a Section 111 Agreement and paid the contribution of 2, (plus admin fee). The proposal therefore accords with the provisions of Core Strategy Policies PCS15, PCS28, PCS36 and PCS37; DPD Policies DM9, IN1 and IN2; and the Dorset Heathlands SPD. FINANCIAL CONSIDERATIONS This application currently falls into CIL Zone C which has a base CIL chargeable rate of 75 per square metre of chargeable residential floor space. The precise CIL liability in respect of these proposals 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. The CIL liability will be the product of the chargeable residential floor space and the base CIL chargeable rate indexed against the BCIS All-in Tender Price Index for November If this development is granted permission and the dwellings built, the Council might also be eligible to receive government grant under the New Homes Bonus. 18