East Dorset District Council Planning Committee 11Th August, 2009
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Everyone 7 128 1799 rep_agd_ID Draft 3 Chief Executives 1 0 57 rep_exe_IDsNo No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No NoENV1 11/08/2009 09:30:47 Chief Executive Old 52 1 East Dorset District Council Planning Committee Agenda Item No 6 11th August, 2009 Public Report Schedule of Planning Applications Item for Decision: To consider the planning applications contained within the schedule and to receive details of any withdrawn or requested deferred applications, if any. Contributors Chief Executive Contact Officer Michael Hirsh, Head of Planning & Building Control Financial Implications: None. Council Priorities: ENV1 Recommendations: It is RECOMMENDED that the applications contained in this schedule be determined or otherwise dealt with in accordance with the Head of Planning and Building Control's recommendation. 1. Applicable Lead Member Area(s) 1.1 Environment. 2. Crime and Disorder – Section 17 Implications 2.1 Where there is a specific crime and disorder matter that is a material planning consideration, it will form part of the report related to the particular application. 3. Equalities Implications 3.1 There are no known reasons to believe that the services provided are discriminatory against people because of their race, disability, belief or religion, age, gender or sexuality. 4. Risk Implications 4.1 There are risk implications associated with this report. These relate to the potential for judicial review or maladministration if the applications being reported have not been considered properly in a procedural sense or there is a substantial flaw in the consideration. 5. Application Schedule 5.1 No. Application No. Site Address Pg. 1. 3/09/0408/HOU 130 Albion Way, Verwood, Dorset 2 2. 3/09/0419/HOU 11 Merryfield Close, Verwood, Dorset 3 3. 3/09/0502/COU Acres Lodge Stables, Batchelors Lane, Holtwood 6 4. 3/09/0522/FUL Land Adjacent To Briarlea, Hinton Martell, Wimborne 9 5. 3/09/0533/HOU Oaks View, Sandy Lane, Verwood 22 6. 3/09/0534/FUL Sturminster Marshall Golf Club, Moor Lane, Sturminster 24 Marshall 7. 3/09/0618/FUL 24 Rowlands Hill And 7 Yew Tree Close, Wimborne, Dorset 29 1 Item Number: 1. Ref: 3/09/0408/HOU Proposal: Erect 2.5m High Boundary Fence Site Address: 130 Albion Way, Verwood, Dorset, for Mr G Brett Constraints Airport Safeguarding (90m high) Airport Safeguarding (Birdstrike) Open Space/Recreational Area LP Urban Areas LP Windfarm Consultation Zone Site Notice 25 June 2009 expired: Advert expired: Nbr-Nfn expired: 22 June 2009 Verwood Town Objection Council Contrary to Policy - in excess of 2m height Comments: Consultee Responses: Neighbour None Comments: Officers Report: This application comes before Committee because Verwood Town Council's position is contrary to the officer recommendation for approval. 130 Albion Way is a detached property which backs onto an area of open space within the urban area of Verwood. It is proposed to replace the existing 2m high rear boundary fence with a 2.5m high fence. The main consideration is the visual impact of the proposal with reference to policy DES8. Four properties, including the application site, back onto the grassed public open space. The houses are sited on lower land than the open space so the screening effect of the 2m high fencing is negated. The proposed fencing is intended to reduce the opportunities for overlooking from the public open space into the rear garden and ground floor windows of no. 130. The fencing will extend 35m along the southern elevation but the majority will be screened by Council maintained planting on the northern edge of the open space. Approximately 10m of the fencing will be visible across the open space. Although it will be higher than neighbouring fences the land levels will result in the appearance of the 2m high fence which will not harm the character of the area. Even if the higher fencing was replicated along the neighbouring property boundaries in the future, the dwellings would continue to offer natural surveillance from their first floor windows. No neighbour objections have been received but the Town Council have objected because the fence would exceed 2m in height. In this location, however, the proposal is found to accord with policy DES8 of the East Dorset Local Plan and it is therefore recommended for approval. 2 Recommendation: GRANT – SUBJECT TO THE FOLLOWING CONDITION(S):- Conditions/Reasons:- 1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: This condition is required to be imposed by Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 2 The fencing hereby permitted shall be stained dark brown in the first instance, within three months of its installation, and thereafter maintained that colour, unless otherwise agreed in writing by the Council. Reason: To protect the visual amenities of the area. Policy Considerations and Reasons In reaching this decision the policies in the Development Plan for the area, which currently comprises the Bournemouth, Dorset and Poole Structure Plan 2000 and the East Dorset Local Plan, were taken into account. This includes specifically the following policies: DES8 Item Number: 2. Ref: 3/09/0419/HOU Proposal: Erection of an Out Building for Use as a BBQ Lodge Site Address: 11 Merryfield Close, Verwood, Dorset, for Mr D Coleman Constraints Airport Safeguarding (90m high) Airport Safeguarding (Birdstrike) Urban Areas LP Windfarm Consultation Zone Site Notice 19 July 2009 expired: Advert expired: Nbr-Nfn expired: 14 July 2009 Verwood Town Objection - contrary to policy DES8 ix) visual impact and x) Council Comments: relationship to nearby properties Consultee Responses: EDDC Tree Section Should the proposed outbuilding be erected where currently proposed the chimney would be located underneath the edge of the crown of the adjacent protected Oak. There is obviously the potential for damage to occur to the branches of this tree that may result in them having to be reduced or removed as a result of being scorched. In principle I have no objections to the outbuilding being erected in the applicant's front garden. However, I would like to see it in a 3 position that ensures there is a minimum clearance of 1.5m from the edge of this trees crown and the chimney. Neighbour Comments: Mr T & Mrs H Walker Object 12 Merryfield Close, Potential danger to the trees in Budgens Copse Verwood Size and scale out of character with Cottingham Grange development Environmental effects from smoke and cooking odours Social disturbance Further letter rec'd 24.7.09 reiterating previous comments and emphasising that proposed repositioning of BBQ lodge will make the structure more visible from their property Mr & Mrs F Nagle Object 10 Merryfield Close, No privacy as no 11's front garden is not fenced or walled off. Verwood Will create fumes. Safety implications to trees. Officers Report: This application comes before the Committee because the Town Council has objected and the officer recommendation is for approval. It is proposed to locate a hexagonal BBQ lodge in the front garden of 11 Merryfield Close, a two storey detached house on the western edge of a modern housing estate in Verwood. The garden is adjacent to Bugdens Copse, an area of deciduous woodland designated as a SSSI, which runs along the eastern and southern boundaries of the site. The building is 3.8m wide and has 1.35m high eaves. Planning permission is required because the lodge is to be sited forward of the dwelling’s principal elevation, it is within 2m of the southern site boundary and it has a maximum height of more than 2.5m. The overhanging sloping roof sections meet around a narrow central chimney 3.74m high. Three small windows face east and west. It is to be constructed of pine with black felt roof tiles. The material considerations are the impact of the development on neighbouring amenity, the character of the area and mature trees. The application site is within a small development of modern family housing in cul-de-sac with no through traffic. No. 11 is at the end of a cul-de-sac, perpendicular to the highway accessed off a private vehicular access shared with no. 12. The front garden is open plan but is partially screened from the highway by the double garage serving no. 10. The wooden lodge is relatively modest in size and where it is visible its garden building appearance will not have a harmful impact on the street scene. The front garden is open plan so the lodge, sited next to the double garage, will be visible from no.12. An objection has been received from the occupiers of no.10 and 12 concerned about the size and scale of the development, the potential for smoke, cooking odours and noise and the danger to neighbouring trees. The Town Council have also raised concerns about the visual impact and relationship with neighbouring properties. 4 In order to avoid the potential for the scorching of a neighbouring oak tree by heat from the chimney it is proposed to site the building 3m from the side boundary. This overcomes concerns that were expressed by the Council’s arboricultural officers. The position of the building will limit the screening that can be offered by the garage of no. 11 which is north of the front lawn. The building will therefore be visible in oblique views from the front windows of no.