List of Planning Applications s2

Borough of Poole

Planning Committee

List of Planning Applications

THURSDAY 27th SEPTEMBER

- 1 - BOROUGH OF POOLE

Planning Committee

DATE: 27th September 6.00pm

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 Design & Control 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.

- 2 -

TABLE OF CONTENTS Planning Committee 27th September 2007 at 6.00pm

Not before 6.30pm Page 1 Broadstone Hotel, Station Approach 07/12916/007/F 4 2 47A Lindsay Road 07/08426/021/F 12 3 Yates Wine Lodge, 89 High Street 07/04199/043/F 19 4 3 Ravine Road 07/01169/006/F 23 5 25 Canford Cliffs Avenue 07/06809/006/F 31

Not before 7.30pm

6 5 Westheath Road 07/07647/006/F 39 7 3 Westminster Road 07/04370/007/F 46 8 19 Penn Hill Avenue 07/05708/005/F 56 9 19 Enfield Avenue 07/39532/001/F 59 10 4 Palmerston Road 07/39574/000/F 62 11 35 St Osmunds Road 07/21758/004/F 65

- 3 - Item No: 1

Case Officer: Ms C M Dick

Site: Broadstone Hotel, Station Approach, Poole, Dorset, BH18 8AX

Application No: 07/12916/007/F

Date Received: 14th March 2007

Agent: Western Design Architects Barnwheel House 52 Gravel Lane Charlton Marshall Blandford Dorset DT11 9NS

Applicant: Primetower Properties Ltd

Development: Refurbishment & remodelling works to existing Public House. Demolition of south west wing and rear single storey structures, erection of 30 flats and one house

Ward: O 150 Broadstone

This application has been brought to Planning Committee by Councillor Brooke due to concerns expressed by the Residents Association, Broadstone First School and individual residents regarding car parking and traffic volumes, density, bulk and mass, privacy and overlooking

Site Description

The site comprises a large Victorian building which is sited on the corner of Station Approach and Moor Road which was until recently trading as a pub known as the ‘Broadstone Hotel’. There are smaller buildings towards the rear of the site adjacent to the common boundary with the school which include a skittle alley.

The site is bounded to the south by a 3 storey office building. Abutting the western boundary is the playground to Broadstone First School. To the north on the opposite side of the road is a 3 storey flatted block. To the east on the opposite side of the road is Broadstone Leisure Centre.

The site is covered by a TPO.

Current Proposal

 It is proposed to refurbish the existing Broadstone Hotel which will be retained as a pub and demolish the existing out buildings at the back of the site. It is proposed to redevelop the rest of the site to residential.  The development will consist of 30 flats and 1 house arranged in 3 blocks (typically 3 stories with the upper floor (4th floor) contained largely within the roof, which will form a ‘U’ shape with a small internal

- 4 - landscaped courtyard. There will be a basement car park which will accommodate 34 car parking spaces 3 of which are for staff of the pub.

Planning Policy

The following policies of the Poole Local Plan (Adopted 2004) are relevant in the determination of this application:-

BE1 - (Design) NE1 - (Pollution and Noise) NE15 - (Sites of International Importance) NE16 - (Sites of Scientific Interest) NE17 - (Development Adjacent to Heathland) NE27 - (Individual or Grouped Trees) NE28 - (Tree Preservation Orders) T11 - (Car Parking Maxima) T13 - (Traffic Generated by Development) H4 - (Housing Development) H5 - (Affordable Housing) H9 - (High Density Housing) H13 - (Purpose Built Flats…) L17 - (Provision for Recreation Facilities) CF5 - (Retention of Community Facilities)

The site is outside the Broadstone Conservation Areas, although these have recently been appraised in The Broadstone Conservation Area Appraisal and Management Plan 2007.This is currently undergoing public consultation.

REPRESENTATIONS

There have been 40 letters of representation. The concerns raised are as follows:

 A number of properties will have views across the playground of the adjoining Broadstone First School which raises privacy and security concerns .  High density housing not in keeping with the character of the area  The amount of extra traffic and parking problems these flats would create would mean approx 40 extra cars to park in and around the flats. The pub also at peak times would require between 40 – 70 spaces if it is going to be a viable business.  Extra traffic generated would increase an already heavily used road and have a detrimental knock on effect on the one way system past the school.  The flats may bring in more families into an area where the school is already over subscribed.  The parking survey submitted is incorrect as it states that the ‘parking on station approach is for an hour- it is not- it is for half an hour.  The increase in the number of cars in this area would pose a threat to children’s safety (walking along the road to school).  Four storey buildings are out of character with the area

- 5 -  The height of the buildings would darken the playing area and reduce enjoyment.  There should be some form of barrier/warning bollards put in place to prevent children running across in front of this access point.  A wide pavement should be maintained as this path is often used by people with pushchairs and double pushchairs and children with scooters.  Traffic approaching Station Approach goes too fast and as a regular walker it is often difficult to cross with children. There should be some form of speed restrictions and ideally a pedestrian crossing on this road- a developer contribution?  Are the developers proposing any affordable housing or providing any communal outside space  What may happen if the hotel falls into poor management, will this then be redeveloped?  The four storey block of flats will overshadow the Broadstone Hotel.

Support

 A Gastro pub would be a welcomed addition but taking away valuable parking space may lead to the later demise of the Broadstone Hotel as a public amenity.  Support the refurbishment of the Broadstone Hotel property and returning to its Victorian splendour.  Support the modernisation of the current public house (family pub which is child friendly (beer garden/play area) preferable to a Gastro pub  Welcome more flats which add to the range of housing in the village, helping more people to live within walking distance of the shops and facilities.  The objections on bulk and design are not sustainable.  The scheme is sensitively designed and believe that Broadstone centre could easily accommodate buildings of this size.  One car park space per flat is reasonable given the size and schemes central location.  Parking for the pub is plentiful in the evenings in the public car park nearby or in local roads

Broadstone Residents Association

 Welcome some form of development but there are a number of concerns regarding this particular scheme.  The bulk, height and mass of the current proposal would result in a form of gross over-development. If approved will set a precedent for 4 storey flat development elsewhere in Broadstone.  Provision of 1 parking space for each residential unit and 3 spaces for staff of the pub is unrealistic.  The parking survey submitted with this application was received with some suspicion. The on-street parking count over the three weeks last October was taken when the Broadstone Hotel was closed as the new licence was only obtained at the end of November. The Hotel was closed

- 6 - all day during the count in February this year and only opened during the evenings with very few patrons.  Difficult to find parking spaces in the day and evenings.  An element of affordable housing should be included in any scheme on this central site.  Flats will overlook the First School playground.  If allowed to proceed a condition should be attached to ensure that the re-furbished Public House is completed before new development is allowed to proceed.

Chamber of Commerce

 Are in favour of this development. Are pleased that the developer is planning to retain and improve the Broadstone Hotel.  The design of the apartments would be suitable for town centre living and would suit young professionals and retired couples.  Understand concern with lack of car parking, acknowledge that parking is not always necessary with town centre pubs. Local residents should be encouraged to walk and for visitors there is public parking in Station Approach and surrounding roads  A family friendly pub is in keeping with Broadstone  Not convinced that affordable housing is best suited to be on site in this instance due to proximity to the pub, lack of gardens and located on a busy one way system. Therefore encourage affordable housing to be either through a shared ownership purchase for FTBs and Key Workers or contributions taken but used elsewhere in another more appropriate development in a residential area.

Head of Transportation Services – objection

Head of Housing – no objection to the content or figures given in the viability report.

Planning Considerations

The existing Victorian building which last operated as a pub and known as the ‘Broadstone Hotel’, is to be retained and be renovated and modernised externally and internally. The proposal involves constructing a new gable (replicating the existing gable) and a new chimney.

The proposals involve alterations to fenestration on the Moor Road frontage, also incorporates a patio and grass area providing outdoor seating to the Moor Road frontage. A glazed roof is proposed on the central area of the flat roof area of the single storey wing on the Moor Road frontage.

The proposed changes are considered to be relatively minor with the majority of the structure remaining intact. The proposal would enable the renovation of the hotel and allow it to continue to act as an important local landmark.

The proposed residential development will be a mix of 2 to 3 stories in height with a fourth floor of accommodation largely located in the roofspace.

- 7 - Whilst the scale of development is significant, the adjoining Arrowsmith Court offices to the south of the site are 3 stories in height. The sports centre building opposite the site to the west is also a large building of a significant scale and size. Furthermore, the flatted blocks to the north of the site on the opposite side of Moor Road are similarly 3 stories in height. The proposed scale and mass of the buildings within the site are therefore considered to fit in with the surrounding buildings. The design of the buildings is varied which helps break up the mass and scale of the proposed development. The proposal will fit in with general character and appearance of the area.

There are no neighbouring residential properties which adjoin the site boundaries. The proposed residential element is set within the site and will not be materially harmful to the amenities of the occupants of the flats opposite the site in Moor Road.

The issue of flats overlooking the adjacent Broadstone First school playground is not a material planning reason to refuse the application. With regards to affordable housing the applicants are willing to make an off site affordable housing contribution which equates to 3%. The preamble to policy H5 states that ‘Poole’s need for affordable housing is a material planning consideration in the determination of applications for residential development. There may, however, be exceptional circumstances where the costs associated with the development of the site would inhibit the provision of affordable housing for economic reasons….’ (Para 8.53). The applicants justification for the 3% contribution is due to the combination of additional costs which include highways contributions and also the costs associated with the retention of the hotel (e.g. refurbishment costs) and significantly the ‘trading subsidy’ to ensure that the pub will remain operational, during possibly a difficult trading period.

If the pub was not to be retained, but the existing building is converted for example, the ‘trading subsidy’ money would be able to go towards an increased affordable housing offer which would bring the offer up to 11%.

Therefore the current proposed 3% offer for affordable housing needs to be carefully balanced against whether the retention and upgrade of a community facility, which could be justified under policy CF5, outweighs the need for more affordable housing provision (in this case a contribution towards off site affordable housing) which is justified under policy H5.

The proposed development will not adversely affect the retention or health of existing trees on site.

Parking is allocated entirely within an underground car park. No residential surface spaces are proposed and no visitor parking is proposed other than a lay-by that replicates an existing situation. Furthermore it is suggested that the lay-by provides disabled parking but these will be public spaces and so disabled drivers may have difficulties finding suitable parking facilities.

For residents there is a parking ratio of 1:1, and 3 spaces are allocated to staff of the pub. Therefore customers and some staff driving to the pub will not be able to park on the site.

- 8 - The highways officer has identified a realistic parking shortfall of 25 spaces that will have to be accommodated in the public car park or in surrounding roads.

PPG13 advises that in implementing policies on parking, developers should not be required to provide more spaces than they themselves wish, other than in exceptional circumstances. Such circumstances might include where there are significant implications through road safety, which cannot be resolved through on street parking controls. The roads outside the site already have on street parking controls e.g. parking time restrictions and double yellow lines. However, it is considered unreasonable to imposes waiting restrictions, as a consequence of the expected parking shortfall from this site, in roads that are not associated with the development and currently do not have or only have limited on street parking problems. There is also a concern that it could prejudice businesses in the area that currently depend on the public parking facilities as it has been observed that there are times during the day when the nearby public car park use is of at or close to its capacity. Given that the development will produce a parking shortfall and the fact that disabled drivers could find it difficult to visit this site and there are no on site surface parking facilities for pub customers and staff plus visitors and service / delivery vehicle to the residential use it is considered the development will be contrary to the aims of policies T13 and H4(vi) of the Poole Local Plan

The lack of parking provision is an indication that the site is overdeveloped, notwithstanding the acceptability or not of the scale and design of the building.

Had the scheme otherwise been acceptable a contribution of £2000 to review parking restrictions and other highway improvements would have been sought.

With regards to open space contributions as supported by SPG and Local Plan Policy L17, had the scheme been otherwise acceptable the application would have required a contribution of £45,950 (plus administration fee) as it involves the creation of 31 additional units.

Had the application been otherwise acceptable, a contribution of £30,051 (plus administration fee) towards Heathland Mitigation in accordance with policies NE15, NE16 and NE17 of the Poole Local Plan First Alteration (Adopted 2004) and the adopted Dorset Heathlands Interim Planning Framework 2006-2009 would have been required.

Human Rights Act

In coming to this recommendation/decision consideration has been given to the rights set out in Article 8 (Right to Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention on Human Rights.

- 9 - RECOMMENDATION REFUSE

Reason(s) for Refusal

1 ( Non Standard Reason ) The lack of adequate on site surface parking facilities to cater for the needs of disabled drivers, visitors, service / delivery vehicles and some residential need especially during the peak periods of on street and public car park use is likely to exacerbate existing on street parking problems and compete for valued public parking spaces. This would cause inconvenience to others in the adjoining and surrounding roads and encourage obstructive parking to the detriment of general safety to other highway users. As such it is contrary to Policies H4(vi) and T13 in the Poole Local Plan First Alteration (Adopted 2004)

2 ( Non Standard Reason ) The proposal is contrary to Policy H5 of the Poole Local Plan First Alteration (Adopted 2004) in that no provision has been made to contribute towards Affordable Housing.

3 - RR010 ( Recreational Contribution ) The proposal fails to make a contribution towards recreational open space facilities within the Borough in accordance with Policy L17 of the Poole Local Plan First Alteration (Adopted 2004). As such, it would put an additional demand on existing recreational facilities in the Borough. It would be contrary to Policy L17 and set a precedent that would make it difficult for the Council to implement this policy effectively in the future.

4 ( Non Standard Reason ) The proposal fails to make a contribution towards mitigating the impact of new residential development on the Dorset heathlands in accordance with the adopted Dorset Heathlands Interim Planning Framework 2006-2009. As such, it would result in additional pressure on the Dorset Heathlands without appropriate mitigation and would be detrimental to the health and integrity of those sites. The proposals are therefore contrary to the requirements of the Dorset Heathlands Interim Planning Framework 2006-2009 and Policies NE15, NE16 and NE17 of the Poole Local Plan First Alteration (Adopted 2004) and could set a precedent that would make it difficult for the Council to implement this policy effectively in the future.

5 ( Non Standard Reason ) The proposal fails to secure a contribution towards or facilitate schemes that promote non car modes of transport in accordance with both Central and Local Government advice and policies. As such, it would be contrary Policy T13 in the Poole Local Plan First Alteration (Adopted 2004)

- 10 - Informative Note(s)

1 - Non Standard The applicant is advised that if this application had been acceptable in all other respects, a financial contribution towards recreational open space provision would have been required in accordance with Policy L17 of the Poole Local Plan First Alteration (Adopted 2004). This would overcome refusal reason No.3.

2 - Non Standard The applicant is advised that if this application had been acceptable in all other respects, a financial contribution towards the mitigation strategy set out in the Dorset Heathlands Interim Planning Framework 2006-2009 and in accordance with Policies NE15, NE16 and NE17 of the Poole Local Plan First Alteration (Adopted 2004) would have been required. This would overcome refusal reason No.4.

3 - Non Standard The applicant is advised that if this application had been acceptable in all other respects, if the applicant is prepared to sign a legal undertaking to provided the off site works namely: to widening of the footway along Station Approach to Dunyeats Road, provide a signalled pedestrian crossing over Dunyeats Road and provide a 2000 contribution to facilitate a review of the on street parking restriction in the area. This would overcome refusal reason No. 5

- 11 - Item No: 2

Case Officer: Miss C Standley

Site: 47A Lindsay Road, Poole, Dorset, BH13 6AP

Application No: 07/08426/021/F

Date Received: 10th April 2007

Agent: Terence O'Rourke Plc Everdene House Wessex Fields Deansleigh Road Bournemouth Dorset BH7 7DU

Applicant: Primetower Properties Ltd

Development: Construction of residential building up to 8 storeys high to provide 35 apartments including associated landscape and car parking (after the demolition of existing building). As amended by plans received 01/08/07.

Ward: F 060 Canford Cliffs

This planning application is brought to Planning Committee because of the scale of proposed development.

Site Description

The application site is located on the corner of Lindsay and the County Gates Gyratory. This is a prominent location at one of the main gateways into Poole.

The site is currently occupied by the former Bridge House which has little impact on the street, being a two storey flat roofed building and relatively well hidden from the streetscene by landscaping and trees. The existing access to the site is from Lindsay Road.

Relevant Planning History

There has been a long history which relates to both the application site and the site of Lindsay Manor. None is specifically relevant to this application other than that the existing use of the site is as a Bridge Club.

Current Proposal

Construction of residential building up to 8 storeys high to provide 35 apartments. Associated landscape and car parking (after the demolition of existing building).

REPRESENTATIONS

- 12 - 34 letters of representation have been received in which the following concerns are expressed:  Density in excess of policy  Additional traffic in an already busy area  Loss of trees will open up site  Over development  8 storeys out of character  Loss of light to Lindsay manor  Lack of parking  Difficult entry and exit to site  Traffic congestion and noise problems  Inadequate infrastructure to cope  Harmful to neighbouring privacy  Insufficient amenity space  Visually harmful and will compete with Frizzell House

Bournemouth Borough Council – no objections

The Head of Transportation Services – no objection subject to a contribution of £34,000 towards the promotion of modes of Transport other than the private car.

Wessex Water –

 Foul sewerage system should have adequate capacity to serve the proposal  The surface water system may not have adequate capacity to serve the development  Adequate sewage treatment capacity available

Housing and Community Services – No objection, contribution and Affordable Housing provision agreed

Relevant Planning Policy

The following Policies of the Poole Local Plan First Alteration (Adopted 2004) are relevant to this application:

BE1 - Design Code BE2 - Landscaping H5 - Affordable Housing H13 - Purpose Built Flats, Bedsits, Hostels and Sheltered Housing H21 - Flats – The Avenue Area North T4 - Key Public Transport Routes T13 - Traffic Generated by Development NE28 - Tree Preservation Orders L17 - Provision for Recreational Facilities NE15 - Sites of International Importance NE16 - Sites of Special Scientific Interest NE17 - Development Adjacent to Heathland

- 13 - - 14 - Planning Considerations

Streetscene

 The application site is currently characterised by trees and landscaping which screen the existing building in the centre of the site, which therefore has minimal impact on the streetscene.  Lindsay Road is characterised by blocks of flats predominantly 6 storeys in height, with a few up to 7 storeys, set back from the road and screened along the front boundary by large trees and landscaping. The character of this road is largely of landscaping with views through to buildings.  Other roads in the surrounding area such as The Avenue and Burton Road are also characterised by large blocks of flats, which are obscured by significant boundary screening and do not extend above the tree canopy.  County Gates roundabout breaks from this norm with sites being more open and dominated by substantial buildings. The Liverpool Victoria building despite being three storeys dominates this area. Poole Road and the Westbourne area are also more open in character.  The proposed development is for 35 flats in a block that ranges from 5 to 8 storeys in height. The building would be 5 storeys adjacent to the four storey neighbouring building on Poole Road (Berkley Manor); 6 storeys adjacent the 6-storey building at Lindsay Manor, rising to 8 storeys at the corner of Lindsay Road and County Gates Roundabout.  Whilst the proposal does reflect the height of neighbouring buildings the predominant character of the area is of 6 storey buildings. The proposed building would exceed this and in doing so would exceed the height of the significant tree screening in the streetscene. Given that the existing character of the area is one of buildings set below the canopy of trees thereby creating a sylvan setting, the proposal would result in harm to this character having a dominant appearance from an important gateway into Poole.  In addition to the above the proposal would occupy a large portion of the site in terms of the building’s footprint and associated hard surfaced areas. Whilst the site already accommodates a high proportion of hard surfacing and built form, the impact on the streetscene of this smaller building surrounded by significant trees is negligible. The proposed mass of the block of flats, the proposed loss of landscaping and trees and the position of parking spaces close to the boundaries of the site would result in a residential development which would not respect the character of existing residential development in the streetscene, has a dominant impact and a lack of landscaping for the amenities of future occupiers.  Furthermore, the density proposed is 152 dph, significantly in excess of that set out in policy H21 which covers the site and states a maximum density limit of 86 flats per hectare. This is another indication of over development of the site.  The proposed bin store would be located on the front boundary with Lindsay Road, close to the access. This would be single storey with a flat roof in timber boarding, which when set against the backdrop of trees and landscaping would have a minimal impact on the streetscene.

- 15 - Having regard to all aspects of the proposal including design and the impact on the character and appearance of the area it is considered that the proposal would give rise to material harm.

Neighbouring Privacy and Amenity

 The application site is a corner site adjacent to both Lindsay Manor to the northwest on Lindsay Road and Berkley Manor to the north on Poole Road. Any impact on neighbouring privacy and amenities would be limited to these two sites.  The proposal would be between approximately 11 and 16 metres from Lindsay Manor, which has bedroom, bathroom, kitchen and secondary lounge windows facing the development site. The proposal would be 6 storeys high adjacent to the boundary with Lindsay Manor, with the two top floors above this being set back towards the corner of the site.  The majority of the windows facing Lindsay Manor would serve bedrooms or be secondary lounge windows, which could be obscure glazed. In this instance the proposal will not cause significant harm to the neighbouring flats. There are primary lounge windows on floors 1-4 which would have views toward Lindsay Manor. Screening on site will prevent some views though there are gaps in this at the higher levels and planting should not necessarily be relied on to protect neighbouring privacy.  The building would be between 15-20 metres from the adjacent Berkeley Manor, being 5 storeys and a further three storeys set back from this elevation. The windows on this elevation would be predominantly bedrooms and secondary lounge windows, which could be obscure glazed. The windows on floors 1-4 would have louvres on them, which would restrict views over the amenity space at Berkeley Manor. The proposed roof terrace on floor 5 would be set back and therefore views towards Berkeley Manor would be restricted.  The proposed roof terrace on floor 6 would be approximately 20 metres from the neighbouring block of flats. At 7 storeys it would be dominant in respect of this 4-storey neighbour.

In conclusion the proposal would result in material harm to neighbouring dwellings, which is brought about by over-development of the site.

Trees

The proposal would result in the removal of 21 trees.

Highways/Parking

 The application site is located close to the County Gates gyratory system which is a primary route in the road network. Access is from Lindsay Road, which is a local distributor road. An alternative access would be formed to Lindsay Road.  Access from the site would be preferred from an adjoining site as turning movements in and out of this site may prejudice the free flow of traffic. Consideration must however be given to the existing use of the site.

- 16 -  The daily traffic generated by the proposals are likely to be similar to that from the former club when it was operating. Given the previous use of the site it would not be reasonable to refuse the application solely on the grounds of traffic generated.  The proposals would skew the entrance to the east away from the Burton Road junction opposite to reduce any right turning conflict. This is a modest highway benefit.  44 parking spaces are proposed (1.3 spaces per unit). There is space within the access layout where additional informal parking could occur and while this is less than the recommend low of 1.5 per dwelling, there is a good bus service, cycleway links and it is close to a major local shopping area. The proposed level of parking is therefore acceptable.  36 cycle and 6 motorcycle parking spaces are also provided.  A contribution of £34,000 is required as appropriate mitigation to go towards relevant schemes that promote non-car modes of transport such as improvements to public transport facilities or extend cycle links in accordance with Government advice and Policy T13 of the Local Plan.

Affordable Housing

 Following extensive negotiations with Housing and Community Services based on the viability of provision of Affordable Housing an off site provision equivalent to 40% of the units on site has been agreed. This would provide 14 units.

Recreational Facilities

The application necessitates the contribution of £50,960 (plus admin fee) towards recreational facilities in the Borough in accordance with Policy L17 of the Poole Local Plan First Alteration (Adopted 2004).

Heathland Mitigation

The application necessitates a contribution of £33,215 (plus admin fee) towards Heathland mitigation in accordance with Policies NE15, NE16 and NE17 of the Poole Local Plan First Alteration (Adopted 2004) and the adopted Dorset Heathlands Interim Planning Framework 2006-2009.

Human Rights Act

- 17 - RECOMMENDATION REFUSE

Reason(s) for Refusal

1 ( Non Standard Reason ) The proposed development would by virtue of its mass, site coverage, density, loss of landscaping and position of parking close to the boundaries result in over development of the site in a form which is out of character with existing development in this area. In addition to this the proposal would result in some harmful overlooking towards neighbouring sites. The proposal would therefore be harmful to the character and appearance of the surrounding area and as such be contrary to Polices BE1, BE2, H13 and H21 of the Poole Local Plan First Alteration (Adopted 2004).

2 - RR010 ( Recreational Contribution ) The proposal fails to make a contribution towards recreational open space facilities within the Borough in accordance with Policy L17 of the Poole Local Plan First Alteration (Adopted 2004). As such, it would put an additional demand on existing recreational facilities in the Borough. It would be contrary to Policy L17 and set a precedent that would make it difficult for the Council to implement this policy effectively in the future.

3 ( Non Standard Reason ) The proposal fails to make a contribution towards mitigating the impact of new residential development on the Dorset heathlands in accordance with the adopted Dorset Heathlands Interim Planning Framework 2006-2009. As such, it would result in additional pressure on the Dorset Heathlands without appropriate mitigation and would be detrimental to the health and integrity of those sites. The proposals are therefore contrary to the requirements of the Dorset Heathlands Interim Planning Framework 2006-2009 and Policies NE15, NE16 and NE17 of the Poole Local Plan First Alteration (Adopted 2004) and could set a precedent that would make it difficult for the Council to implement these policies effectively in the future.

4 ( Non Standard Reason ) The proposal fails to support appropriate schemes in the locality that would encourage modes of transport other than the car. The cumulative effect of this and other developments is likely to lead to an adverse affect on road safety or prejudice the efficiency of the public transport service. As such the proposal fails to support the aims of Central Government advice (PPG13) and the supporting advice to Policy T13 in the Poole Local Plan First Alteration (Adopted 2004).

5 ( Non Standard Reason ) The proposal is contrary to Policy H5 of the Poole Local Plan First Alteration (Adopted 2004) in that no provision has been made to contribute towards Affordable Housing.

- 18 - Informative Note(s)

1 - IN490 - Policy L17 The applicant is advised that if this application had been acceptable in all other respects, a financial contribution towards recreational open space provision would have been required in accordance with Policy L17 of the Poole Local Plan First Alteration (Adopted 2004). This would overcome refusal reason No.2.

2 - Non Standard The applicant is advised that if this application had been acceptable in all other respects, a financial contribution towards heathland mitigation would have been required in accordance with the Dorset Heathlands Interim Planning Framework 2006-2009 and Policies NE15, NE16 and NE17 of the Poole Local Plan First Alteration (Adopted 2004). This would overcome refusal reason No.3.

3 - Non Standard The applicant is advised that if this application had been acceptable in all other respects, a financial contribution towards promoting modes of Transport other than the private motor car would have been required in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004). This would overcome refusal reason No.4.

- 19 - Item No: 3

Case Officer: Mr M Holmes

Site: Yates Wine Lodge, 89 High Street, Poole, Dorset, BH15 1AH

Application No: 07/04199/043/F

Date Received: 31st May 2007

Agent: Mr G McGruer Blake Lapthorn Tarlo Lyons West Way Oxford OX2 0FB

Applicant: Laurel Pub Group

Development: Variation of condition no.2 of permission 06/04199/041/F to allow the premises to remain open Fridays, Saturdays and Bank Holidays until 0200 hours, Sundays to Thursdays until 0030 hours, on Christmas Eve until 0230 hours and on New Years Eve the premises shall not be required to close on the following morning.

Ward: C 030 Poole Town

This application is brought before the Planning Committee at the request of Councillor Mrs Evans due to residents’ concerns.

Site Description

The site lies on Poole High Street within the area covered by the High Street Conservation Area. It is occupied by a three-storey building with a public house on the ground floor and offices above.

Relevant Planning History

October 2006- Refusal of planning consent to vary the permitted opening hours of the premises to 0230 hours on Fridays, Saturdays and Bank Holidays, 0030 on Sundays to Thursdays, 0230 on Christmas Eve regardless of what day of the week it falls on and not to not be required to close at all on New Years Eve. The application was refused for the following reason-

The proposed opening hours of the premises would extend the hours during which customers would enter and exit the site further into the late night hours in which residents living near the site would normally sleep. As a result the proposal would result in increased noise and disturbance and be of detriment to the residential amenities of nearby properties and is contrary to Policy NE1 of the Poole Local Plan First Alteration (Adopted 2004).

March 2006- Approval of variation of condition 2 of planning permission reference 04/04199/038/F to allow additional opening hours.

- 20 - January 2005- Grant of planning consent for the conversion of the offices above the application site to a Health and Fitness club.

May 2004- Grant of planning consent to vary condition 4 of permission granted 2.7.98 to allow breakfast opening between 9.00am and 10.30am Mondays to Saturdays.

February 2004- Refusal of planning consent to vary condition 4 of permission granted 02.07.98 to vary open hours to 10.30am-1am Mondays to Saturdays and 12 noon to 12.30 Sundays and Sundays before bank holidays. Appeal Allowed but with condition the hours be restricted to 10.30 to 23.30 Mondays to Thursdays, 10.30-24.00 Fridays and Saturdays and 12.00-23.00 on Sundays.

April 2003- Grant of planning consent to use part of the pavement at front as an enclose seating area. Granted with the condition that the seating area would only be used between 10.30am and 8.00pm Mondays to Saturdays and 12.00 midday to 8.00pm on Sundays.

October 1999- Refusal of planning consent to vary hours of operation.

October 1997- Refusal of planning permission to convert A1 premises to wine bar. Appeal Allowed 02.07.98 with the condition that “the use of the premises as a public house shall not be open to customers outside the following hours: 10.30-23.30 Mondays to Saturdays, and 12.00-23.00 on Sundays.”

The most recent planning approval on the site for the extension of opening hours limited the operation times of the premises to the following- 09.00 to 23.30 Mondays to Thursdays 09.00 to 01.00 Fridays to Saturdays and Bank Holidays 12.00 to 23.00 on Sundays

Current Proposal

The proposal is to amend the opening hours of the premises to allow opening of the premises up to 0200 hours on Fridays, Saturdays and Bank Holidays and 0030 on Sundays to Thursdays. It is also proposed to allow opening until 0230 on Christmas Eve regardless of what day of the week it falls on and to not be required to close on the morning following New Years Eve.

REPRESENTATIONS

Adjacent properties were notified of the proposals and a site notice erected at the front of the premises. From this publicity four letters of representation have been received of which three are from properties close to the site and one is from Councillor Chandler. Objections are raised to the proposals on the grounds of noise and disturbance generated by the activity associated with the extended opening hours of the site.

Consumer Protection Services - no objection to the proposals

Dorset Police – no objection to the proposals

- 21 - Relevant Planning Policy

NE1 - Noise and Pollution BE16 - Conservation Areas

Planning Considerations

The main issue in determining the application is the impact of the lengthened opening hours proposed on neighbouring residential amenity. A previous application to extend the evening opening hours on the site was refused in October 2006. Prior to that refusal an appeal was allowed in September 2003 when a condition was placed on the permission stating that the premises should not operate beyond midnight on Friday and Saturday nights. A further planning aplication allowed the extension of the opening hours beyond midnight on a Friday and Saturday to 1am.

Since the outcome of the most recent planning applications circumstances have changed in that licensing legislation has been amended to allow drinking establishments to remain open for longer. As a result a number of the public houses within the Town Centre area without planning condition restrictions on their hours of opening, now open beyond midnight.

The application site is one of the larger public houses in the Town Centre. The earlier closing time of this site compared to a number of surrounding sites could result in a comparatively large number of customers leaving the premises at one time and moving on to alternative drinking establishments, and this would result in a level of noise and disturbance over a short period. The relaxation of opening hour restrictions on the application site would be likely to result in a proportion of customers remaining on the premises and causing less disturbance as customers would leave the premises at different times.

It is considered that the hours of operation applied for are a significant extension on the existing permitted opening hours and in view of the proximity of residential properties to the application site it is considered that in this instance the extended opening hours should be permitted for a one-year temporary period. This temporary extension of opening hours would allow an assessment to be made in the future of any problems associated with the extended opening hours of the premises. Such has approach has also been taken previously at units D24, D15 and D16 Dolphin Quays and on the ground floor of the St James building on the Quay.

The extended opening hours of the premises as proposed would not have a detrimental impact upon the character or appearance of the Conservation Area.

Human Rights Act

- 22 - RECOMMENDATION GRANT

Subject to the following condition(s)

1 - RC070 (Restriction on Hours of Use/Deliveries ) The use hereby permitted shall not operate and no deliveries taken at or despatched from the site otherwise than between 0900 and 0030 on Mondays to Thursdays inclusive, 0900 and 0200 on Fridays, Saturdays and Bank Holidays, and 1200 to 0030 on Sundays. The use may operate up to 0230 on Christmas Eve and on New Years Eve shall not be required to close at all on the following morning.

Reason - In the interest of the amenities of adjoining and nearby residential properties and in accordance with Policy NE1 of the Poole Local Plan First Alteration (Adopted 2004).

2 - (Non Standard Condition ) The extended opening hours hereby permitted shall be limited to a period of one year from the date of this decision letter. At the end of that time period the opening hours shall revert to those hours permitted under planning permission reference 06/04199/041/F unless otherwise varied on application to the Local Planning Authority.

Reason - In order that the Local Planning Authority can review the appropriateness of extended opening hours on this site following a trial period of one year and in accordance with Policy NE1 of the Poole Local Plan First Alteration (Adopted 2004).

Informative Note(s)

1 - IN620 - Summary of Reasons for Decision Town and Country Planning (General Development Procedure) (Amendment) Order 2003

The proposed development has been tested against the following policies of the Development Plan and, in the opinion of the Local Planning Authority, is not in conflict with the following policies: a) The proposal will not result in unaceptable levels of noise or disturbance in a manner that would detrimentally affect the neighbouring sites - Policy NE1 b) The proposals will not affect adversely the character or appearance of the Conservation Area - Policy BE16

- 23 - Item No: 4

Case Officer: Mrs E Godesar

Site: 3 Ravine Road, Poole, Dorset, BH13 7HS

Application No: 07/01169/006/F

Date Received: 4th July 2007

Agent: A B Design The Studio 17 Curlieu Road Oakdale Poole Dorset BH15 3RJ

Applicant: Brightkey

Development: Demolish existing dwelling and erect 3 storey block of 3 flats with parking to front (Revised Scheme) (As amended by plans received 22/08/07)

Ward: F 060 Canford Cliffs

This application has been brought to the Planning Committee at the request of Councillor Mrs Haines due to residents’ concerns and the potential cumulative effect the development will have to the character on the area.

Site Description

The site is on the west side of Ravine Road, between the Esplanade and Haven Road. No. 3 is a 2 storey ‘arts and craft’ influenced detached property. To the south of the site is Riviera Court which is a large block of flats which fronts onto both Ravine Rd and Maxwell Road. To the north of the application site is a semi-detached dwelling. At the rear of the site on Maxwell Road are 2 storey detached properties which in the past have been converted into flats.

Relevant Planning History

01169/001 – Application to make alterations to convert to two self contained flats was granted on 4 April 1950.

01169/003 – Application to convert loft space to create additional living accommodation was granted on 19 December 2003.

01169/004 – Application to demolish existing and erect a two-storey block of 14 flats with accommodation in roof space including basement and roof parking facilities to be accessed from Ravine Road (12x2bed and 2x3bed) was refused on 3 March 2006 for failure to make contributions for recreational facilities and heathland mitigation and for the following reasons:

The proposed development by reason of it's excessive footprint, bulk, scale and mass, will result in a visually prominent and overly dominant form of development which would be harmful to the character and appearance of the

- 24 - streetscene. The proposed would therefore be contrary to the provisions of Policies H13 and BE1 of the Poole Local Plan First Alteration (Adopted 2004).

The proposal will give rise to an unacceptable level of overlooking and loss of privacy to the occupants of neighbouring properties in Maxwell Road and to No. 9 Ravine Road. The proposed development is therefore contrary to Policy H13 of the Poole Local Plan First Alteration (Adopted 2004).

The substandard access to the car park will result in vehicle manoeuvring difficulties along the access ramp and increased reversing manoeuvres onto Ravine Road to the detriment of the safety and convenience of highway users and the amenities of occupiers of the development. The development is therefore contrary to Policies H4 (vi), H13 (v) and T13 of the Poole Local Plan First Alteration (Adopted 2004).

01169/005 – Application to demolish existing and erect 3 storey block of flats with parking to front and rear (as amended by plans received 9/2/07) was refused on 16 February 2007 for failure to make contributions for recreational facilities and heathland mitigation and for the following reason:

The proposed development by reason of its design and accumulative impact of its footprint, height and mass will result in a form of development which would be harmful to the character and appearance of the street scene. In addition, the proposal, by reason of the hard standing to the front and rear and limited amenity space, would result in overdevelopment of the site, materially harmful and out of character of the area. The proposed would therefore be contrary to the provisions of Policies H13 and BE1 of the Poole Local Plan First Alteration (Adopted 2004).

Current Proposal

The application seeks to demolish existing dwelling and erect 3 storey block of 3 flats with parking to front (revised scheme).

REPRESENTATIONS

Five representations have been received with the following issues:

 Over-development of the site  Excessive provision of hard surfaces to provide surface car parking  Height relative to adjoining houses  Lack of amenity areas  Set a precedent for adjoining dwellings  Front garden to become a car park

Natural England – objects to this application unless the applicant contributes to the mitigation set out in the Dorset Heathlands Interim Planning Framework in accordance with the levels and procedures for this contribution. They also object to the proposal as inadequate information is available to demonstrate whether or not the development would have an adverse effect on bats.

- 25 - Head of Transportation Services – no highway objection subject to conditions

Relevant Planning Policy

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

BE1 - (Design Code) H13 - (Purpose Built Flats, Bedsits, Hostels and Sheltered Housing) T13 - (Traffic Generated by Development) L17 - (Provision for recreation facilities) NE15 - (Sites of International Importance) NE16 - (Sites of Special Scientific Interest) NE17 - (Development Adjacent to Heathland)

Planning Considerations

The key issues associated with this proposal are impact of the development on the character/appearance of the area, impact on neighbouring amenity, highway safety issues and provision of off-site recreational facilities.

Design and Streetscene

 This end of Ravine Road has three flat complexes on its eastern side and Riveria Court directly adjoins the application site to the south. Although adjoining a large flat complex, No. 3 Ravine Road is located in a row of smaller sized plots which are occupied by individual dwellings. It is therefore important to consider the scale of the proposed flats relative to these smaller plots. The revised scheme has been re- positioned so it will have a similar setback from the frontage as the adjoining dwellings at No. 5 and 7 Ravine Road. The height and massing of the building have also been reduced and the footprint of the building would be similar to the existing dwelling.  There are three flats proposed over 3 storeys with the second floor within the roofspace. The revised scheme has been reduced in height to about 9.6 metres (previously about 10.5m). Although the proposal would be higher than the existing dwelling, it is adjacent to Riviera Court which is a large four storey building. When viewed in this context, it is considered that the proposal provides an appropriate transition between Riviera Court to the south and the semi-detached two storey dwellings and bungalows to the north.  The front elevation has been toned down with inclusion of windows rather than Juliet balconies and the removal of the second floor balcony. These amendments result in a building which appears more like a single dwelling than purpose built flats. As a result, the proposal offers a design which relates better to the existing two and one storey dwellings on this side of Ravine Road.  The south, north and west elevations have also been toned down by reducing the height of the eaves and providing a simpler design which is more in keeping with a detached dwelling. It is considered that the amendments overcome the previous refusal reason of “the proposed

- 26 - development by reason of its design and accumulative impact of its footprint, height and mass will result in a form of development which would be harmful to the character and appearance of the street scene”.

Neighbouring Privacy and Amenity

 Windows to the front of the dwelling overlook Ravine Road and cause no concerns in terms of overlooking to neighbours. The first floor balcony, however, would provide overlooking opportunities to front gardens of adjoining neighbours at No. 5. An obscured balcony screen is considered necessary to protect the adjoining neighbour’s privacy.  A first floor window on the north elevation to the stairwell and a secondary window to the first floor flat could be obscure glazed to prevent overlooking to No. 5. The second floor window is above average head height and is acceptable in terms of neighbouring privacy and amenity.  First floor windows on the south elevation look towards Riviera Court and do not cause concerns in terms of privacy. The second floor windows on the south elevation would be above average head height and would cause no concern.  First floor windows on the west elevation would look towards the rear of dwellings in Maxwell Road and cause no additional harm in terms of overlooking. The windows on the second floor will be above head height and cause no concerns in terms of overlooking.

Car Parking

 Four on-site parking spaces are proposed for the three flats which is below Council guidelines of 1.5 spaces per dwelling. However, the Transportation Officer considers that there is enough on street parking in Ravine Road to accommodate the development without causing significant increase in highway safety danger. Adequate cycle parking is proposed. Inclusion of 2mx2m pedestrian splays represents a highway safety gain when compared to the arrangement offered by the existing dwelling.  The revised scheme moves parking from the rear of the application site which will then be available for private amenity. The current proposal overcomes the previous refusal reason associated with “by reason of the hard standing to the front and rear and limited amenity space, would result in overdevelopment of the site, materially harmful and out of character of the area”.

Recreational and Heathland Contributions

 A payment has been received for contributions towards recreational open space provision in the Borough in accordance with Policy L17 of the Local Plan.  The application site lies within 5km of heathlands that are notified as SSSIs for the special international interest of their heathland habitats and associated plant and animal species. Whilst the cumulative impact of further residential development within this area is of concern, given

- 27 - the commitment to prepare an appropriate scheme of mitigation Natural England considers that an appropriate assessment of this application may reasonably conclude that there would not be an adverse cumulative impact on the integrity of the European sites. The applicant has submitted a payment for this contribution.

Human Rights Act

RECOMMENDATION GRANT

Subject to the following conditions and a Unilateral Undertaking

Reason - This condition is required to be imposed by the provisions of Section 91 of the Town and Country Planning Act 1990 and amended by Section 51(1) of the Planning and Compulsory Purchase Act 2004.

2 - GN030 (Sample of Materials - Submission of Details Required ) Details and samples of all external facing and roofing materials to be used shall be submitted to, and approved in writing by, the Local Planning Authority before any on-site works commence. The development shall thereafter be carried out in accordance with the approved details.

Reason - To ensure that the external appearance of the building(s) is satisfactory and in accordance with Policy BE1 of the Poole Local Plan First Alteration (Adopted 2004).

3 - GN090 (Obscure Glazing of Window(s) ) Both in the first instance and upon all subsequent occasions, the windows coloured green on the approved plan on the north (side) elevation shall be glazed with obscured glass 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 H13 of the Poole Local Plan First Alteration (Adopted 2004).

- 28 - 4 - GN080 (Screening to Balcony - Submission of Details Required ) Prior to the commencement of development, details of an obscure glazed screen of at least 1.8 metres in height to be erected along north side of the balcony as marked on the approved plan shall be submitted to, and approved in writing by, the Local Planning Authority. The screen shall be erected in accordance with the approved details prior to the commencement of use of the dwelling, hereby permitted, and shall thereafter be permanently retained as such.

Reason - In the interests of privacy and amenity of the neighbouring properties and in accordance with Policy H13 of the Poole Local Plan First Alteration (Adopted 2004).

5 - LS020 (Landscaping Scheme to be Submitted ) No development shall take place until proposals for the landscaping of the site have been submitted to, and approved in writing by, the Local Planning Authority. The landscaping scheme shall include provision for landscape planting, the retention and protection of existing trees and other site features, walls, fencing and other means of enclosure and any changes in levels. Upon approval: a) the approved scheme shall be fully implemented with new planting carried out in the planting season October to March inclusive following occupation of the building(s) or the completion of the development whichever is the sooner, or in accordance with a timetable to be agreed in writing with the Local Planning Authority; b) all planting shall be carried out in accordance with British Standards, including regard for plant storage and ground conditions at the time of planting; c) the scheme shall be properly maintained for a period of 5 years and any plants (including those retained as part of the scheme) which die, are removed or become damaged or diseased within this period shall be replaced in the next planting season with others of a similar size and the same species, unless the Local Planning Authority gives written consent to any variation; and d) the whole scheme shall be subsequently retained.

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 maintenance of all trees and plants in accordance with Policy H13 of the Poole Local Plan First Alteration (Adopted 2004).

6 - HW100 (Parking/Turning Provision ) The development hereby permitted shall not be brought into use until the access, turning space, garaging/vehicle parking and cycle parking 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 H13 of the Poole Local Plan First Alteration (Adopted 2004).

- 29 - 7 - HW200 (Provision of Visibility Splays ) Before the development hereby permitted is brought into use and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any subsequent re-enactment thereof, the land designated as visibility splays as indicated on the approved plans shall be cleared of all obstructions over 0.6 metres above the level of the adjoining highway, including the reduction in level of the land if necessary, and nothing over that height shall be permitted to remain, be placed, built, planted or grown on the land so designated at any time.

Reason - In the interests of highway safety and in accordance with Policy H13 of the Poole Local Plan First Alteration (Adopted 2004).

8 - (Non Standard Condition ) A wildlife survey report prepared by suitably qualified and experienced persons shall be submitted to, and approved in writing by, the Local Planning Authority prior to the commencement of development and provide comprehensive information that demonstrates that species especially protected by law, including bats, would not be affected by the proposed works or that potential effects would be avoided or satisfactorily mitigated. The development shall subsequently be implemented in accordance with the scheme of mitigation.

Reason - In order that the Local Planning Authority may be satisfied that any species especially protected by law will not be harmed within their existing habitat during the construction works and in accordance with Policy NE21 of the Poole Local Plan First Alteration (Adopted 2004).

Informative Note(s)

1 - IN620 - Summary of Reasons for Decision Town and Country Planning (General Development Procedure) (Amendment) Order 2003

The proposed development has been tested against the following policies of the Development Plan and, in the opinion of the Local Planning Authority, is not in conflict with the following policies: a) The proposal will not affect the character and amenities of the area - Policy BE1 b) Residential Amenity will not be affected adversely - Policy H13 c) The development will not adversely affect road safety - Policy T13 d) Recreation contribution agreed - Policy L17 e) A scheme of mitigation is being prepared to reduce harm to protect lowland heathlands in and around Poole - Policies NE15, NE16 and NE17

- 30 - 2 - IN440 - Subject to Recreational/Open Space Contribution This application and permission is subject to a requirement that a capital contribution is made towards recreational/open space provision in accordance with the policies contained in the Poole Local Plan.

3 - Non Standard This application and permission is subject to a requirement that a capital contribution is made towards the mitigation of impacts on Heathland in accordance with the policies contained in the Poole Local Plan and the Dorset Heathlands Interim Planning Framework.

4 - IN210 - Protection of Bats There is evidence that bats may be roosting within the site. All bats are fully protected under the Wildlife & Countryside Act 1981. Section 9 of the act makes it an offence to intentionally kill, injure or disturb a bat and to damage, destroy or obstruct access to any structure that is used by bats for roosting. Under the provisions of the Wildlife & Countryside Act 1981 you must consult English Nature, Dorset Team, Slepe Farm, Arne, Wareham, Dorset BH20 5BN before proceeding with the development authorised by this notice.

- 31 - Item No: 5

Case Officer: Mr M Holmes

Site: 25 Canford Cliffs Avenue, Poole, Dorset, BH14 9QN

Application No: 07/06809/006/F

Date Received: 16th July 2007

Agent: Anders Roberts & Associates Chapel Studios 14 Purewell Christchurch Dorset BH23 1EP

Applicant: Bay Developments

Development: Demolish existing property and erect a detached house with integral garage. As amended by plans received 10.09.07.

Ward: E 050 Penn Hill

This application is brought before the Planning Committee at the request of Councillor Parker due to residents’ concerns.

Site Description

The area is characterised by large two storey dwelling houses set on large plots. The area has extensive tree cover. Many properties on Canford Cliffs Avenue including the application site are of the same architectural style, however there are a small number of more recent developments in the area creating a varied urban form.

The application site itself is occupied by a one/two storey house finished in white render and concrete tiling. The house is sited towards the eastern end of the plot, the western end being landscaped.

Relevant Planning History

April 2007- Planning permission refused to demolish the existing and erect two detached houses with integral garages.

August 2005- Planning permission refused to demolish the existing building and erect 2 detached houses with integral garages. A subsequent appeal was dismissed

Current Proposal

The application proposes the demolition of the existing house on the site and the construction of a replacement house with an integral garage.

- 32 - REPRESENTATIONS

Adjacent properties and households making representations on the previous application were notified of the proposals from which eight letters of representation have been received. Six raise objections, one supports the application and one makes general observations. Objections are raised to the proposals on the following grounds-

-Overlooking of the neighbouring sites -Detrimental impact on the street scene of Canford Cliffs Avenue -The proposals would be of detriment to highway safety -The proposals would result in the loss of trees from the site

The letter of support states that the proposals would improve the visual amenities of the site.

Natural England - no objection.

The Head of Transportation Services – no objection

Relevant Planning Policy

BE1 - Design Code BE2 - Landscaping. T13 - Traffic Generated by development H4 - Housing Development NE27 - Individual or grouped trees NE28 - Tree Preservation Orders

Planning Considerations

Street scene

 The application site is located on a prominent corner of Canford Cliffs Avenue. The existing house is located at the eastern end of the site with the western end of the site left open as landscaping. The considerable level of landscaping to the western side of the site has significant amenity value in the street scene. In dismissing a previous appeal on the site for the construction of two houses the Inspector noted that the landscaping present on this corner ‘makes a particularly striking contribution to the amenity of the neighbourhood’.  In contrast to the two previous applications. The current application proposes one house to replace the existing. The house would be sited at the eastern end of the site occupying a similar location to the house to be demolished but with a smaller footprint. The landscaped corner is therefore unaffected.  The proposed house would be three stories in height with living accommodation within the roof space. Although the building will be taller than the majority in the street scene its ground floor level, which contains the garage, would occupy a level lower than that of the road at the front of the site and this would reduce the impact of the height of the building in the street scene.

- 33 -  Despite the proposed building being taller than many others in the street scene its overall scale and bulk would remain broadly in keeping.  The building would be finished in a combination of render, buff brick and timber boarding. Render and buff brick are utilised on other buildings in the street scene and subject to the timber and bricks being an appropriate colour, which can be ensured by condition, the proposed building would not appear out of keeping in the street scene.  In having regard to the above considerations the proposed development would not have a detrimental impact upon the visual amenities of the site or the wider street scene. The proposals are therefore compliant with policies BE1 and H4 of the Poole Local Plan First Alteration (Adopted 2004) in this respect.

Neighbouring Privacy and Amenity

 The site is located on a corner and the proposed development would have the potential to impact on the adjacent properties at No 27 and 23 Canford Cliffs Avenue.  The proposed house would be sited to the north of No.27 and to the west of No.23. In occupying a similar siting to the existing building to be demolished and by reason of its orientation to the neighbouring sites the proposed building would not impact detrimentally upon the day lighting of either of the neighbouring houses or gardens.  The building will not detract from the privacy of the adjacent sites. The building has no first floor windows facing no.23 Canford Cliffs Avenue whilst all first floor windows on the southern elevation of the building can be obscurely glazed by condition to prevent overlooking of the garden of no.27. The retention of two mature trees and the Conifer screen on the southern site boundary is sufficient to ensure that the windows in the west elevation of the building will not overlook no.27 Canford Cliffs Avenue.  In view of the above the proposed development would not harm to the residential amenities of adjacent properties and in this respect is compliant with policy H4 of the Poole Local Plan First Alteration (Adopted 2004).

Trees/Landscaping

 The site is covered by a tree preservation order and contains a number of protected and non-protected trees of various species. The trees are concentrated towards the western end of the site and they make a strong positive contribution to the character of this part of the street.  None of the protected trees on the site would be lost as a result of the development although the crown of one Rowan at the rear of the proposed building would be reduced. This tree is, in any case located at the rear of the existing building and does not from a prominent feature in the street scene.  Of the unprotected trees on the site that would be removed as part of the development most are conifers and are not high amenity trees taken individually, instead their contribution to the street scene is as a group in conjunction with the other trees on the corner. These unprotected trees

- 34 - could be removed from the site without prior approval. In the interest of maintaining the long term landscape character of the site a condition is considered necessary in this instance requiring the planting of five semi mature trees on the site.  The proposals are considered to make proper provision to retain protected trees on the site and to preserve the landscaped character of the site reinforced by the unprotected trees. The proposals are therefore compliant with policies NE27 and NE28 of the Poole Local Plan First Alteration (Adopted 2004).

Transportation

 The proposed house would be served by a vehicular access close to that existing on the site. The house would have an integral single garage in addition to the driveway, which could also accommodate a car. The provision of two car parking spaces on this site complies with the Council’s adopted parking guidelines.  Pedestrian visibility splays are indicated on the submitted plan to be formed at the site access and these can be secured by condition.  The proposals would not be of detriment to highway safety and are compliant with policy T13 of the Poole Local Plan First Alteration (Adopted 2004).

Human Rights Act

RECOMMENDATION GRANT

Subject to the following condition(s)

- 35 - Reason - To ensure that the external appearance of the building is satisfactory and in accordance with Policy H4 of the Poole Local Plan First Alteration (Adopted 2004).

3 - GN090 (Obscure Glazing of Window(s) ) Both in the first instance and upon all subsequent occasions, all windows at first floor level in the south elevation of the building as shown on the approved plans shall be glazed with obscured glass 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 H4 of the Poole Local Plan First Alteration (Adopted 2004).

4 - HW080 (Access Crossing - First 4.5 Metres Constructed to Specification ) Concurrently with the construction of the development hereby permitted, the first 4.5 metres of the access crossing, measured from the near side edge of the carriageway, shall be laid out, constructed, hardened and surfaced, in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority.

Reason - In the interests of highway safety and in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).

5 - HW100 (Parking/Turning Provision ) The development hereby permitted shall not be brought into use until the access and garaging/vehicle parking 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 T13 of the Poole Local Plan First Alteration (Adopted 2004).

6 - HW200 (Provision of Visibility Splays ) Before the development hereby permitted is brought into use and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any subsequent re-enactment thereof, the land designated as visibility splays as indicated on the approved plans shall be cleared of all obstructions over 0.6 metres above the level of the adjoining highway, including the reduction in level of the land if necessary, and nothing over that height shall be permitted to remain, be placed, built, planted or grown on the land so designated at any time.

Reason - In the interests of highway safety and in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).

- 36 - 7 - LS020 (Landscaping Scheme to be Submitted ) No development shall take place until proposals for the landscaping of the site have been submitted to, and approved in writing by, the Local Planning Authority. The landscaping scheme shall include provision for landscape planting, the retention and protection of existing trees and other site features, walls, fencing and other means of enclosure and any changes in levels. Upon approval: a) the approved scheme shall be fully implemented with new planting carried out in the planting season October to March inclusive following occupation of the building(s) or the completion of the development whichever is the sooner, or in accordance with a timetable to be agreed in writing with the Local Planning Authority; b) all planting shall be carried out in accordance with British Standards, including regard for plant storage and ground conditions at the time of planting; c) the scheme shall be properly maintained for a period of 5 years and any plants (including those retained as part of the scheme) which die, are removed or become damaged or diseased within this period shall be replaced in the next planting season with others of a similar size and the same species, unless the Local Planning Authority gives written consent to any variation; and d) the whole scheme shall be subsequently retained.

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 maintenance of all trees and plants in accordance with Policy BE2 of the Poole Local Plan First Alteration (Adopted 2004).

8 - TR010 (Arboricultural Method Statement ) A revised arboricultural method statement prepared by an arboricultural consultant holding a nationally recognised arboricultural qualification providing comprehensive details of construction works in relation to trees shall be submitted to, and approved in writing by, the Local Planning Authority prior to the commencement of demolition/development. The method statment will detail measures for the retention of all trees on the site shown to be reatined in the approved plans. All works shall subsequently be carried out in strict accordance with the approved details. In particular, the method statement must provide the following:- a) a specification for protective fencing to trees during both demolition and construction phases which complies with BS5837:2005 and a plan indicating the alignment of the protective fencing; b) a specification for scaffolding and ground protection within tree protection zones in accordance with BS5837; c) a schedule of tree works conforming to BS3998; d) details of general arboricultural matters such as the area for storage of materials, concrete mixing and use of fires; e) plans and particulars showing the siting of the service and piping infrastructure; f) a full specification for the construction of any arboriculturally sensitive structures and sections through them, including the installation of boundary treatment works, the method of construction of the access driveway including

- 37 - details of the no-dig specification and extent of the areas of the driveway to be constructed using a no-dig specification;

Reason - In order that the Local Planning Authority may be satisfied that the trees to be retained on-site will not be damaged during the construction works and to ensure that as far as possible the work is carried out in accordance with current best practice and in accordance with Policy NE28 of the Poole Local Plan First Alteration (Adopted 2004).

9 - TR080 (Replanting of a Specified Number of Trees ) Five trees, of a size and species and in a location to be agreed in writing with the Local Planning Authority, shall be planted in accordance with BS3936 (Parts 1 and 4), BS4043 and BS4428 in the earliest planting season following implementation of this permission. The trees shall be thereafter maintained for a period of five years including the replacement of any tree(s), or any tree(s) planted in replacement for it, which die, are removed or become damaged or diseased within this period with tree(s) of a similar size and of the same species, unless the Local Planning Authority gives written consent to any variation. The Local Planning Authority shall be notified in writing when the trees have been planted so that compliance with the condition can be confirmed.

Reason - In order to preserve the visual amenities which at present exist on the site and to ensure that as far as possible the work is carried to current best practice and in accordance with Policy NE28 of the Poole Local Plan First Alteration (Adopted 2004).

10 - RC010 (Remove Residential Permitted Development ) 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-enactment thereof, no further alterations or extensions shall be made to the building hereby approved without express planning permission first being obtained from the Local Planning Authority.

Reason - In order to maintain the visual amenities of the development and to preserve the residential amenities of adjacent sites and in accordance with Policy H4 of the Poole Local Plan First Alteration (Adopted 2004).

Informative Note(s)

1 - IN620 - Summary of Reasons for Decision Town and Country Planning (General Development Procedure) (Amendment) Order 2003

The proposed development has been tested against the following policies of the Development Plan and, in the opinion of the Local Planning Authority, is not in conflict with the following policies:

- 38 - a) The proposal will not affect the character and amenities of the area - Policies BE1, BE2, NE27 and H4 b) Residential Amenity will not be affected adversely - Policy H12 c) No protected trees will be adversely affected - Policy NE28 d) The proposals will not be of detriment to highway safety - Policy T13

2 - Non Standard The Highway Authority requires the applicant to lower the kerb in front of their access in accordance with Councils procedures. Contact the Council's Transportation Services at Hatchpond Depot, Hatchpond Road, Poole, BH17 7LQ (Tel. 01202 262200)

- 39 - Item No: 6

Case Officer: Mr K Chilvers

Site: 5 Westheath Road Broadstone BH18 8EB

Application No: 07/07647/006/F

Date Received: 13th August 2007

Agent: Trinity Architecture Limited Marston House 2 Market Close Poole Dorset BH15 1NQ

Applicant: Banyard Developments

Development: Erect 2-storey block of 4 self-contained flats with associated car parking (revised scheme).

Ward: O 150 Broadstone

This application is brought before the Planning Committee at the request of Councillor Brooke due to concerns about overdevelopment; loss of privacy/overlooking, and increased noise from cars using the drive and car park to rear.

Site Description

The application property is a bungalow with a detached flat roofed garage. The site is located on the north side of Westheath Road at a slightly higher level than the road and there is a mixed character to the streetscene with a two storey block of flats with a deep built form on an adjacent site and two storey terraced properties to the east. The terraced properties are set back at the rear of their plots.

The adjacent property to the rear is a bungalow and the properties on the opposite side of the road are 2 storey detached dwellings.

Relevant Planning History

Bungalow and garage approved in 1957 Extension approved in 1975.

An application to demolish the existing bungalow and erect a two and a half storey block of five flats was refused in June 2007 because:

 The building would be significantly larger in scale and bulk than the prevailing character of residential properties and the height and mass of building on a visually prominent plot would result in an intrusive and over dominant building that would be harmful to the appearance of the street and the character of the area.

- 40 -  The height, proximity and orientation of the building relative to no.7 Westheath Road and no.17 Ridgeway would have a significant detrimental impact on the amenities of their occupiers.

No.3 Westheath Road An application to demolish the original detached dwelling and erect a block of 6 flats with a pitched roof and associated parking was approved in July 2004 (04/06847/05 refers).

Current Proposal

This application seeks to replace the existing bungalow with a two storey block of 4 flats with associated parking. The building would have a rectangular footprint and a pyramidal roof form with a two storey gabled element projecting towards the road. The scheme provides for a vehicular access to the side of the new building with two parking spaces at the front and two at the rear of the site.

REPRESENTATIONS

5 letters of objection have been received from neighbours and a letter from the Broadstone Residents’ Association raising concerns over the following issues:

 Overdevelopment  Siting, scale, height and mass does not respect setting  Inadequate amenity area and car parking  Impact on outlook, privacy, daylighting and general amenity of neighbouring dwellings  Impact of parking/access on neighbours  Impact on highway safety  Disturbance during construction  Loss of garden  Precedent close to Conservation Area  Height of boundary fencing

Head of Transportation Services

Recommend refusal as the proposal does not provide sufficient parking to meet the needs of the development. Additional parking would be required in order to minimise the risk of exacerbating existing on street parking problems.

Relevant Planning Policy

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

BE1 - Design Code BE11 - Energy Efficiency H4 - Housing Development

- 41 - H13 - Purpose Built Flats T13 - Traffic Generated by Development T11 - Car Parking Maxima L17 - Recreational Facilities NE15 - Sites of International Importance NE16 - Sites of Special Scientific Interest NE17 - Development Adjacent to Heathland

Planning Considerations

As a previous proposal was refused it is necessary to consider whether the current scheme addresses the previous concerns that gave rise to that refusal.

The scheme differs from the previous proposal in that the second floor has been deleted removing one flat. This reduces the height and bulk of the building, which would now have a lower ridge than the buildings on either side.

Character of the area and streetscene

 There is a mixture of residential property types in the area and the proposed building would be seen as a transitional development between the block of flats on the adjacent site to the west (no.3) and the terrace of houses (including no.7) to the east.  Although the flats at no. 3 would screen the development from views to the west of the site it would be visually prominent in the streetscene from the south and east because of its projection forward of no. 7. However, given the spacing between the building and the neighbouring properties the reduction in size of the building and stepping back of the building is sufficient to reduce the visual harm to the streetscene associated with the previous proposal.

Amenities of the neighbouring properties

 The proposals would not materially harm the amenities of the occupiers of the flats at no.3 Westheath Road or no.17 Ridgeway either by reason of loss of light or outlook, overshadowing or overlooking.  The first floor window in the eastern side elevation could be obscured glazed and the proposal would not significantly impact upon the privacy of the occupiers of no.7.  The erection of a 2m high acoustic barrier along the boundary with no.7 and no.17 and the reduction in the number of parking spaces to the rear of the building would reduce the effect of vehicle movements on the adjacent properties. The fence would also help to protect the privacy of the occupiers of the neighbouring properties.

- 42 - Highways/Parking

An additional parking space could be accommodated at the rear of the site to enable the provision of visitor parking. The acoustic boundary treatment would mitigate the impact of this additional space on neighbouring properties.

Other Material Considerations

Recreational contribution In accordance with Policy L17 of the Poole Local Plan the provision of recreation facilities must be considered for all proposals for new residential development. This proposal will involve the creation of three additional residential units and therefore in accordance with Policy L17 a recreational contribution of £3,564 (plus admin fee) has been calculated to be required.

Heathland Contribution The site lies between 400m and 5km from the Dorset Heathlands and the Council have adopted the Dorset Heathlands Interim Planning Framework 2006-2009 which takes effect from 1 January 07. All decisions from this date that involve a net increase in residential units between 400m and 5km of a designated site are subject to the mitigation requirements of the IPF. By and large this means a planning contribution (charge) for each new flat and house and a contribution of £2,215 plus admin is required in connection with this application. Although the applicant has indicated a willingness to make such contributions ahead of the determination of the application such contributions have not yet been received.

Human Rights Act

RECOMMENDATION GRANT – Subject to a Section 106 Legal Agreement for

1. A financial contribution of £3,564 (plus administration fee) towards the provision of recreational facilities in accordance with Policy L17 of the Poole Local Plan First Alteration (Adopted 2004).

2. A financial contribution of £2,215 (plus administration fee) towards promoting modes of transport other than the car in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).

Note: If the Section 106 Agreement is not completed speedily then the application may be refused without further reference to Committee.

- 43 - Subject to the following condition(s)

2 - GN020 (Screen Fencing/Walling - Submission of Details Required ) No development shall take place until details/a plan indicating the positions, design, materials and type of boundary treatment to be erected has been submitted to, and approved in writing by, the Local Planning Authority. The boundary treatment shall be completed before before the building is occupied. Development shall be carried out in accordance with the approved details, maintained for a period of five years and thereafter retained.

Reason - In the interests of amenity and privacy and in accordance with Policy H13 of the Poole Local Plan First Alteration (Adopted 2004).

3 - GN030 (Sample of Materials - Submission of Details Required ) Details and samples of all external facing and roofing materials to be used shall be submitted to, and approved in writing by, the Local Planning Authority before any on-site works commence. The development shall thereafter be carried out in accordance with the approved details.

Reason - To ensure that the external appearance of the building is satisfactory and in accordance with Policy H13 of the Poole Local Plan First Alteration (Adopted 2004).

4 - GN090 (Obscure Glazing of Window(s) ) Both in the first instance and upon all subsequent occasions, the window coloured PINK on the approved plan on the east elevation shall be glazed with obscured glass 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 H13 of the Poole Local Plan First Alteration (Adopted 2004).

5 - HW100 (Parking/Turning Provision ) The development hereby permitted shall not be brought into use until the access, turning space, garaging/vehicle parking and cycle parking shown on the approved plan have been constructed, and these shall thereafter be retained and kept available for those purposes at all times.

- 44 - Reason - In the interests of highway safety and in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).

6 - LS020 (Landscaping Scheme to be Submitted ) No development shall take place until proposals for the landscaping of the site have been submitted to, and approved in writing by, the Local Planning Authority. The landscaping scheme shall include provision for landscape planting, the retention and protection of existing trees and other site features, walls, fencing and other means of enclosure and any changes in levels. Upon approval: a) the approved scheme shall be fully implemented with new planting carried out in the planting season October to March inclusive following occupation of the building(s) or the completion of the development whichever is the sooner, or in accordance with a timetable to be agreed in writing with the Local Planning Authority; b) all planting shall be carried out in accordance with British Standards, including regard for plant storage and ground conditions at the time of planting; c) the scheme shall be properly maintained for a period of 5 years and any plants (including those retained as part of the scheme) which die, are removed or become damaged or diseased within this period shall be replaced in the next planting season with others of a similar size and the same species, unless the Local Planning Authority gives written consent to any variation; and d) the whole scheme shall be subsequently retained.

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 maintenance of all trees and plants in accordance with Policy BE2 of the Poole Local Plan First Alteration (Adopted 2004).

Informative Note(s)

1 - IN620 - Summary of Reasons for Decision Town and Country Planning (General Development Procedure) (Amendment) Order 2003

2 - IN210 - Protection of Bats Prior to demolition the applicant should establish whether bats may be roosting within the site. All bats are fully protected under the Wildlife &

- 45 - Countryside Act 1981. Section 9 of the act makes it an offence to intentionally kill, injure or disturb a bat and to damage, destroy or obstruct access to any structure that is used by bats for roosting. Under the provisions of the Wildlife & Countryside Act 1981 you must consult English Nature, Dorset Team, Slepe Farm, Arne, Wareham, Dorset BH20 5BN before proceeding with the development authorised by this notice.

3 - IN430 - Section 106 Agreement The land and premises referred to in this planning permission are the subject of an Agreement under Section 106 of the Town and Country Planning Act 1990.

- 46 - Item No: 7

Case Officer: Mr K Chilvers

Site: 3 Westminster Road Poole BH13 6JQ

Application No: 07/04370/007/F

Date Received: 20th July 2007

Agent: Tanner & Tilley 4 Beresford Road Southbourne Bournemouth Dorset BH6 5AA

Applicant: Harrison Developments

Development: Demolition of existing dwelling and erect 3 storey block of 8 flats with basement parking to be accessed from Westminster Road

Ward: F 060 Canford Cliffs

This application is brought before the Planning Committee at the request of Councillor May Haines due to the neighbour’s concerns in respect of privacy.

Site Description

Detached bungalow set back in the rear part of a rectangular site on the west side of a residential distributor road. The site drops in height by approximately 3m from rear to front and approximately 2m from north to south.

The bungalow has a footprint of 252m2, is located in the widest part of the site and is aligned parallel to and approximately 38m from the road.

The surrounding area has a sylvan character with large detached properties set back from the highway screened from immediate views by tree lined front and side boundaries.

There is a large block of flats to the south of the site at no.1 Westminster Road and to the rear of these flats is an Arts and Crafts style listed building. These properties are at a lower level than the application site and are separated from it and served by an access road which leads to further houses to the rear of the application site.

There are a large number of protected trees within and adjacent to the site.

Current Proposal

This application seeks to demolish the bungalow and erect a three storey block of eight flats aligned at right angles to the road.

- 47 - Relevant Planning History

April 2006: Outline consent for the replacement of the bungalow with a block of 7 flats aligned parallel to the road (05/04370/005). The application included details of access arrangements and indicative building designs were submitted. The proposed building had a footprint of 420m2 located in the same part of the site as the existing bungalow but sited some 3m and 5m closer to the road. The proposed building was of similar width but a greater depth than the existing bungalow.

An appeal against the Council’s non-determination of an application to demolish the bungalow and erect a four storey block of nine flats aligned at right angles to the road is pending consideration by the Inspectorate (07/04370/006). The application would not have been approved because:

The proposed building was considered visually prominent, harmful to and out of character with the surrounding area. It would set a precedent for building of similar scale and mass to the detriment of the street scene.

The orientation, scale and proximity of the proposed building would dominate and be overbearing to no.5 Inadequate information was been submitted to satisfy concerns about the impact on protected trees.

5 Westminster Road An outline application to demolish existing dwelling and erect 3 storey block of 8 flats was refused in September 2007 (07/01886/05).

7 Westminster Road An application for the replacement of the existing bungalow with two houses was approved in September 2007 (07/12102/04).

REPRESENTATIONS

Neighbours - Twenty Seven letters of representation have been received and the following concerns are raised:

 contemporary design and mixture of materials is inappropriate  density of development is excessive  scheme represents overdevelopment  proposed development is significantly larger (and higher) than existing bungalow and different orientation to recently approved block of flats.  change in character of road  contrary to Policy H19/precedent for flats outside Flat Policy Area  increase in traffic/road safety and parking problems  increase in noise  impact on privacy and light of neighbouring properties  loss of trees and landscaping – incomplete arboricultural statement  insufficient detail to determine impact of new building

- 48 -  impact on wider views of area, conservation area and setting of listed building.  disturbance during construction and impact of excavation.  need to retain the trees and shrubs along boundary with no.5.  precedent – there is now an application to redevelop no.5.

A petition has also been received with 33 signatures expressing concern about the loss of trees and height of the building.

The Head of Transportation Services - no objection subject to clarification of height clearance into basement car park and conditions to secure parking/turning provision and provision of visibility splays.

In accordance with Policy T13 of the Local Plan it is considered necessary to seek a contribution of £7,000 as the appropriate mitigation to promote forms of transport other than the car.

Arboricultural Officer - no objection. The arboricultural method statement clarifies the construction details. Further elaboration of construction method around piling, and planting of appropriate replacement trees in connection with a landscaping scheme should be secured by condition.

Relevant Planning Policy

The site is not within a Conservation Area, or within the Martello Road and Westminster Road flat character area. The site is adjacent to Teak House, a statutorily listed building. The following Policies of the Poole Local Plan apply:

BE1 - (Design Code) BE2 - (Landscaping) BE11 - (Energy Efficiency) BE14 - (Listed Buildings – Setting) H13 - (Purpose Built Flats) NE28 - (Tree Preservation Orders) T11 - (Car Parking Maxima) T13 - (Traffic Generated by Development)

Planning Considerations

The existing building is a modern bungalow of little architectural or historic merit, it is not considered worthy of preservation and no objection is raised to the principle of its demolition.

Parking provision complies with parking guidelines and there is no highway objection to the proposals subject to conditions securing parking/turning provision on site, adequate site splays and a contribution towards other modes of transport.

Subject to appropriate conditions Tree preservation issues have been adequately addressed by the applicant. The principal considerations in dealing with the application are:

- 49 - - Impact on residential amenity - Impact on character and appearance of the area.

Impact on Residential Amenity

 The properties to the rear are over 50m away and at a lower level than the application site. This separation distance and the intervening vegetation are sufficient to ensure that there would be no significant impact on the amenities of the dwellings to the rear of the site.  The existing bungalow is approximately 31m from the adjacent property no.5 to the north of the site. That property is set forward of the bungalow and would also be forward of the proposed block of flats.  The flats would be approximately 8-10m away from and aligned parallel to the common boundary with no.5 (approximately 1m further from the boundary than the previous proposal and almost 2m further from the boundary than the approved scheme).  The elevation facing no.5 would be approximately 9.5m high x 33m long (approximately 2.5m lower than the previous proposal but almost 1m higher than the approved scheme). Given the intervening vegetation and the separation between the buildings of approximately 29m the reduction in height and scale of building is sufficient to address previous concerns with regard to the overbearing impact on the occupiers of no.5.  The scheme provides for obscured glazing to most of the windows in the north west elevation and subject to such glazing being secured by condition and restrictions imposed on the use of the flat roofed areas on this side of the building it is considered that the proposal would not significantly impact on the privacy of the occupiers of no.5.  Teak House and the flats at no.1 are down-slope and aligned at right angles to the bungalow at a distance of 40m and 26m respectively. Given these separation distances, the relative positions, ground levels and orientation of the properties, and the screening from trees on and adjacent to the site, it was considered that the outline proposal would not significantly impact upon the amenities of the occupiers of these properties.  The current proposal realigns the proposed building and the building would be set further from the common boundary than the outline scheme. The upper floor is the same height as the approved scheme but is set back so that the closest part of the proposed building would be lower than the approved scheme.  Although it would be more visible to these properties than the outline scheme because of its reorientation and length of facing elevation, having regard to the separation distance and intervening vegetation it would not have a significant impact on the amenities of the occupiers of these properties.  Although the relative positions of windows and balconies on the southern elevation has given rise to concerns about overlooking and loss of privacy, because of the separation distance between properties and the extent of intervening vegetation these concerns could not be substantiated.

- 50 - Impact on character and appearance of area

 Notwithstanding the enlarged footprint the proposal would retain a reasonable development/plot ratio (approximately one third of the plot would be covered by building and hard-standing) and this ratio would not be inconsistent with the surrounding area. The scheme would provide for a density of approximately 33 units per hectare and the proposal is therefore not considered to represent overdevelopment  The site is well screened from and appears separate to Teak House and the proposal would not alter this relationship. The additional height and mass of the block of flats would not significantly impact on the setting of the listed building.  Compared to the previously approved outline scheme the proposed building would have a shorter elevation fronting the road and this would offset the additional visual prominence arising from the projection closer to the road. The scale and mass of building would not therefore be significantly more harmful to the character and appearance of Westminster Road than the previously approved scheme.

Human Rights Act

RECOMMENDATION GRANT – Subject to a Section 106 Legal Agreement for:

1. A financial contribution of £9,388 (plus administration fee) towards the provision of recreational facilities in accordance with Policy L17 of the Poole Local Plan First Alteration (Adopted 2004).

2. A financial contribution of £6,011 (plus administration fee) towards measures to mitigate the impact of the development on the Dorset Heathlands in accordance with the Dorset Heathlands Interim Planning Framework and Policies NE15, NE16 and NE17 of the Poole Local Plan First Alteration (Adopted 2004).

3. A financial contribution of £7,000 (plus administration fee) towards promoting modes of transport other than the car in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).

Note: If the Section 106 Agreement is not completed speedily then the application may be refused without further reference to Committee.

Subject to the following condition(s)

1 - GN010 (Detailed Permission - Time Expiry 5 Years (Standard) ) The development to which this permission relates shall be begun not later than the expiration of the five years beginning with the date of this permission.

- 51 - Reason - By virtue of Section 91 of The Town and Country Planning Act 1990

2 - TR080 (Replanting of a Specified Number of Trees ) Eight trees, of a size and species and in a location to be agreed in writing with the Local Planning Authority, shall be planted in accordance with BS3936 (Parts 1 and 4), BS4043 and BS4428 in the earliest planting season following implementation of this permission. The tree(s) shall be thereafter maintained for a period of five years including the replacement of any tree(s), or any tree(s) planted in replacement for it, which die, are removed or become damaged or diseased within this period with tree(s) of a similar size and of the same species, unless the Local Planning Authority gives written consent to any variation. The Local Planning Authority shall be notified in writing when the tree(s) have been planted so that compliance with the condition can be confirmed.

Reason - In order to preserve the visual amenities which at present exist on the site and to ensure that as far as possible the work is carried to current best practice and in accordance with Policies NE28 and BE2 of the Poole Local Plan First Alteration (Adopted 2004).

3 - TR040 (Arboricultural Supervision ) Prior to the commencement of demolition/development, details of the arboriculturally sensitive operations requiring arboricultural supervision shall be submitted to, and approved in writing by, the Local Planning Authority. A pre-commencement site meeting shall be held and attended by the developers arboricultural consultant, the designated site foreman and a representative from the Local Authority to discuss details of the working procedures. Subsequently and until the completion of all site works, site visits should be carried out on a fortnightly basis by the developers arboricultural consultant. Copies of written site notes and/or reports detailing the results of site supervision and any necessary remedial works undertaken or required shall be submitted to and approved in writing by the Local Planning Authority. Any approved remedial works shall subsequently be carried out under strict supervision by the arboricultural consultant immediately following that approval.

4 - LS020 (Landscaping Scheme to be Submitted ) No development shall take place until proposals for the landscaping of the site have been submitted to, and approved in writing by, the Local Planning Authority. The landscaping scheme shall include provision for landscape planting, details of replants, the retention and protection of existing trees and other site features, walls, fencing and other means of enclosure and any changes in levels.

- 52 - Upon approval: a) the approved scheme shall be fully implemented with new planting carried out in the planting season October to March inclusive following occupation of the building(s) or the completion of the development whichever is the sooner, or in accordance with a timetable to be agreed in writing with the Local Planning Authority; b) all planting shall be carried out in accordance with British Standards, including regard for plant storage and ground conditions at the time of planting; c) the scheme shall be properly maintained for a period of 5 years and any plants (including those retained as part of the scheme) which die, are removed or become damaged or diseased within this period shall be replaced in the next planting season with others of a similar size and the same species, unless the Local Planning Authority gives written consent to any variation; and d) the whole scheme shall be subsequently retained.

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 maintenance of all trees and plants in accordance with Policy BE2 of the Poole Local Plan First Alteration (Adopted 2004).

Reason - In the interests of highway safety and in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).

6 - HW200 (Provision of Visibility Splays ) Before the development hereby permitted is brought into use and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any subsequent re-enactment thereof, the land designated as visibility splay(s) as indicated on the approved plan(s) shall be cleared of all obstructions over 0.6 metres above the level of the adjoining highway, including the reduction in level of the land if necessary, and nothing over that height shall be permitted to remain, be placed, built, planted or grown on the land so designated at any time.

Reason - In the interests of highway safety and in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004).

7 - GN090 (Obscure Glazing of Window(s) ) Both in the first instance and upon all subsequent occasions, the windows coloured Pink on the approved plan on the north elevation shall be glazed with obscured glass 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.

- 53 - Reason - To protect the amenity and privacy of the adjoining properties and in accordance with Policy H13 of the Poole Local Plan First Alteration (Adopted 2004).

8 - GN080 (Screening to Balcony - Submission of Details Required ) Prior to the commencement of development, details of an obscure glazed screen of at least 1.8 metres in height to be erected along side of the balconies as marked on the approved plan shall be submitted to, and approved in writing by, the Local Planning Authority. The screens shall be erected in accordance with the approved details prior to the occupation of the dwellings hereby permitted, and shall thereafter be permanently retained as such.

Reason - In the interests of privacy and amenity of the proposed properties and in accordance with Policy H13 of the Poole Local Plan First Alteration (Adopted 2004).

9 - GN070 (Remove Use as Balcony ) 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, the flat roof areas of the building hereby permitted and shown in blue on the approved plan shall not be used as a balcony, roof garden or similar amenity area without the grant of further planning permission from the Local Planning Authority.

Reason - To protect the amenity and privacy of adjoining residential properties and in accordance with Policy H13 of the Poole Local Plan First Alteration (Adopted 2004).

10 - GN120 (Storage of Refuse - Submission of Details Required ) Provision shall be made within the site for storage of refuse, crates and packing cases, etc. prior to disposal, in which respect a scheme shall be submitted to, and approved in writing by, the Local Planning Authority prior to the commencement of on-site works; implemented prior to the first occupation and thereafter retained.

Reason - In the interests of amenity and to ensure that no obstruction is caused on the adjoining highway and in accordance with Policy NE1 of the Poole Local Plan First Alteration (Adopted 2004).

- 54 - 11 - DR040 (Sustainable Urban Drainage - Submission of Details Required ) Prior to the commencement of development, a scheme for the provision of sustainable urban drainage shall be submitted to, and approved in writing by, the Local Planning Authority. The drainage works shall be implemented in accordance with the approved scheme and thereafter retained.

Reason - To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal, in accordance with Policy NE32 of the Poole Local Plan First Alteration (Adopted 2004).

12 - LS050 (Hard Landscaping - Submission of Details Required ) Before the development hereby permitted is commenced, proposals for the hard landscaping of the site, including full details of surfacing materials and colours/kerbing/bollards/railings/walling and fencing shall be submitted to, and approved in writing by, the Local Planning Authority. The approved details shall be completed in all respects prior to the first occupation/use of the development hereby approved and thereafter retained.

Reason - To enhance the amenities of the site and to secure a well planned development in accordance with Policy H13 of the Poole Local Plan First Alteration (Adopted 2004).

Informative Note(s)

1 - IN620 - Summary of Reasons for Decision Town and Country Planning (General Development Procedure) (Amendment) Order 2003

The proposed development has been tested against the following policies of the Development Plan and, in the opinion of the Local Planning Authority, is not in conflict with the following policies: a) The proposal will not affect the character and amenities of the area - Policy BE1 b) Residential Amenity will not be affected adversely - Policy H13 c) Impact on protected trees has been addressed - Policy NE28 d) Recreation contribution to be secured by Section 106 Agreement - Policy L17 e) Landscaping scheme secured by condition - Policy BE2 f) Car parking and access layout is secured by condition and a Transport contribution is to be secured by Section 106 Agreement - Policies T2 and T13 g) A contribution to protect lowland heathlands in and around Poole is secured by 106 Agreement - Policies NE15, NE16 and NE17

2 - IN430 - Section 106 Agreement The land and premises referred to in this planning permission are the subject of an Agreement under Section 106 of the Town and Country Planning Act 1990.

- 55 - 3 - IN440 - Subject to Recreational/Open Space Contribution This application and permission is subject to a requirement that a capital contribution is made towards recreational/open space provision in accordance with the policies contained in the Poole Local Plan.

4 - IN460 - Subject to Highway Contribution This application and permission is subject to a requirement that a capital contribution is made towards modes of transport other than the car in accordance with the policies contained in the Poole Local Plan.

5 - Non Standard This application and permission is subject to a requirement that a capital contribution is made towards mitigating the impact upon the Dorset Heathlands in accordance with the Interim Planning Framework and policies contained in the Poole Local Plan.

- 56 - Item No: 8

Case Officer: Mr D Staniland

Site: 19 Penn Hill Avenue, Poole, Dorset, BH14 9LU

Application No: 07/05708/005/F

Date Received: 27th June 2007

Applicant: Gee Developments Ltd

Development: Insert flat roof dormer on rear elevation.

Ward: E 050 Penn Hill

The application is brought before the Planning Committee because a Borough of Poole employee lives adjacent to the application site.

Site Description

The application site is situated on the north side of Penn Hill Avenue some 180 metres east of its junction with St Osmunds Road and is occupied by a newly completed development comprising 6 flats over three floors of accommodation.

Relevant Planning History

Planning permission was refused in July 2006 for the erection of a block of 6 flats over three full floors. The reasons for refusal included that the real and perceived height of the development would give rise to actual and perception of overlooking for nearby residents in Parkstone Avenue.

Planning permission was granted for the erection of 6 flats on 23 November 2006.

Planning permission was granted retrospectively in July 2007 for the retention of a rear first floor Juliet balcony subject to a condition requiring the obscure glazing of the balcony guard.

Current Proposal

The current proposal involves the insertion of a flat roofed dormer window in the rear elevation of the apartment block to serve an existing second floor living room and kitchen. This dormer window would replace an existing pair of roof lights in approximately the same location within the roof plane. The drawings show that the glazing to the dormer windows would be obscured.

- 57 - REPRESENTATIONS

Four letters of representation have been received raising the following issues:

 Cumulative loss of privacy and increased overlooking of adjacent rear gardens  An earlier application was refused and this submission, if permitted, in part negates that previous decision.  Obscure glazing of this window does not address concerns as this could later be replaced with clear glazing  If this window will be truly obscure glazed then would reconsider their position

Relevant Planning Policy

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

BE1 – Design Code H13 – Purpose Built Flats

Planning Considerations

The principal planning considerations in this instance include the appropriateness of the design and appearance of the dormer window and the implications for privacy of those households that adjoin the application site.

It is considered that the design and appearance of the proposed dormer window on the building’s rear elevation is appropriate and would not materially harm the character of the area.

The proposed dormer window is situated approx. 36 metres from the rear elevation of properties in Parkstone Avenue and would serve as the main north facing window to a living room area. Notwithstanding the refusal of planning permission in July 2006 the window, despite its elevation above surrounding ground level and having regard to the distance between it and rear elevations of hoses in Parkstone Avenue would not materially harm the privacy of their occupiers.

The drawings show that the proposed windows would be obscure glazed but it is considered that in this instance such glazing is unnecessary. Furthermore, if such glazing was provided it would mean that the future occupants of this particular flat would have no outlook from their living room which is considered unacceptable. This being so and despite the indications shown on the submitted drawings it is not considered to be either necessary or appropriate to impose a condition requiring obscure glazing.

- 58 - Human Rights Act

RECOMMENDATION GRANT

Subject to the following condition(s)

2 - GN050 (Matching Materials ) The materials to be used for the external wall and/or roof shall be similar in colour and texture as the existing building.

Reason - To ensure a satisfactory visual relationship of the new development and that existing and in accordance with Policy BE1 of the Poole Local Plan First Alteration (Adopted 2004).

Informative Note(s)

1 - IN620 - Summary of Reasons for Decision Town and Country Planning (General Development Procedure) (Amendment) Order 2003

- 59 - Item No: 9

Case Officer: Mr M Taylor

Site: 19 Enfield Avenue Poole BH15 3SG

Application No: 07/39532/001/F

Date Received: 22nd August 2007

Applicant: Mr & Mrs Lever

Development: Single storey rear extension and extend ridge to form gable to front and rear to provide accommodation in roof space. (Amended plans received 18th September 2007)

Ward: K 110 Oakdale

This application has been brought to Planning Committee because the applicant is an employee of Borough of Poole

Site Description:

The site is on the crossroads of Enfield Avenue, Middle Road and Tudor Court. The property is a brick built, detached, bungalow. The character of the immediate area is properties of a similar size, age and architectural style but in varying designs. A number of the properties in the vicinity already have accommodation in the roof space.

Relevant Planning History:

2007 - Single storey rear extension and extend ridge to form gable to front and rear to provide accommodation in roof space. – Withdrawn

Current Proposal:

Single storey rear extension and extend ridge to form gable to front and rear to provide accommodation in roof space. The rear gable will contain two floor to ceiling windows with obscure glazed balustrades.

REPRESENTATIONS

Adjacent properties have been notified of the application and no representations have been received to date. Consultation expires 21 September 2007. Any representations received will be reported to the Committee.

- 60 - Relevant Planning Policy

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

BE1 – Design Code; H12 – House Alterations & Extensions;

Planning Considerations:

The proposal will be visible in the streetscene of both Enfield Avenue and Middle Road. However the design is appropriate. The increased prominence of the dwelling due to the extended ridge and gables would be appropriate to a corner location.

The proposed first floor windows on the front elevation will over look areas already open to the view and will therefore cause no material harm to the privacy of the neighbouring properties.

The proposed first floor windows at the rear will cause some overlooking into the rear garden of 17 Enfield Avenue. However, the balustrades to the first floor rear windows are obscured glazing preventing views out from the lower half of the windows. The remaining level of overlooking would not be so significant to warrant refusal. The obscure glazed screens will be secured by condition.

The front gable will be set back from the existing bay windows to maintain the character of the original building.

Materials used will match the existing dwelling. This can be secured by condition.

The proposal complies with the relevant policies in the Poole Local Plan First Alteration (Adopted 2004) and is therefore recommended for approval.

Human Rights Act

RECOMMENDATION GRANT

Subject to the following condition(s)

- 61 - Reason - This condition is required to be imposed by the provisions of Section 91 of the Town and Country Planning Act 1990 and amended by Section 51(1) of the Planning and Compulsory Purchase Act 2004. 2 - GN040 (Match Materials to the Existing Building ) The materials and finishes to be employed on the external faces of the development hereby permitted shall match in every respect those of the existing building unless otherwise first agreed in writing by the Local Planning Authority.

Reason - To ensure a satisfactory visual relationship of the new development and that existing and in accordance with Policies BE1 and H12 of the Poole Local Plan First Alteration (Adopted 2004).

3 - (Non Standard Condition ) Prior to the first use of the first floor bedroom, the glazed screens coloured pink on the approved plan on the west elevation shall be glazed with obscured glass in a form sufficient to prevent external views and this shall thereafter be retained at all times.

Reason - To protect the amenity and privacy of the adjoining properties and in accordance with Policies BE1 and H12 of the Poole Local Plan First Alteration (Adopted 2004).

Informative Note(s)

1 - IN620 - Summary of Reasons for Decision Town and Country Planning (General Development Procedure) (Amendment) Order 2003

- 62 - Item No: 10

Case Officer: Mr M Taylor

Site: 4 Palmerston Road Poole BH14 9HH

Application No: 07/39574/000/F

Date Received: 8th August 2007

Agent: Richard Coleman & Partners 429 - 435 Ashley Road Parkstone Poole BH14 0AX

Applicant: J Mogg

Development: Erect single storey rear extension.

Ward: E 050 Penn Hill

This application has been brought to Planning Committee because a Borough of Poole employee lives adjacent to the application site.

Site Description

The site is on the south side of Palmerstone Road close to the junction of Palmerston Road, Queens Road and Courthill Road. The rear of the site fronts Queens Road with an existing access and off road parking.

Levels across the site fall from the rear elevation to Queens Road. The neighbouring property, 1 Queens Road, is also set at a lower level than the application site.

The property is a detached two storey dwelling. It has brick and pebbledash elevations and a tiled roof

The character of the area is properties of a similar age, and architectural style but of varying designs. A number of the properties on Palmerston Road have had extensions at the rear.

Relevant Planning History

There have been no planning applications on this site.

Current Proposal

Single storey, brick extension, with sloped roof containing skylights. The rear elevation also contains large patio doors.

REPRESENTATIONS

Adjacent properties were notified of the application. No representations have been received.

- 63 - Relevant Planning Policy

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

BE1 – Design Code; H12 – House Alterations & Extensions;

Planning Considerations

The proposal will be visible in the streetscene of Queens Road. However the design is considered appropriate, the original character of the dwelling is retained and the extension has been designed to fit comfortably and appropriately with that character and that of the neighbouring properties.

Materials that match the existing dwelling can be secured by condition to ensure to further mitigate the impact of the proposal.

The proposal will not contain any side windows and will not therefore overlook or materially harm the privacy of the adjoining properties 1 Queens Road and 6 Palmerston Road.

4 Palmerston Road is located directly east of 1 Queens Road and as a result some direct morning sunlight will be lost to windows and a garden area at the rear of no.1. This effect is worsened by the change in levels between the two properties. However, the loss of direct sunlight would not be so significant to warrant refusal, since these windows and the garden would still benefit from good levels of sunlight and daylight for the majority of the day.

The distance between the properties 4 and 6 Palmerston Road and the high boundary treatment mitigate the impact of any loss of light to 5 Palmerston Road.

The proposal complies with the relevant policies in the Poole Local Plan First Alteration (Adopted 2004) and is therefore recommended for approval.

Human Rights Act

RECOMMENDATION GRANT

Subject to the following condition(s)

- 64 - Reason - This condition is required to be imposed by the provisions of Section 91 of the Town and Country Planning Act 1990 and amended by Section 51(1) of the Planning and Compulsory Purchase Act 2004.

2 - GN040 (Match Materials to the Existing Building ) The materials and finishes to be employed on the external faces of the development hereby permitted shall match in every respect those of the existing building unless otherwise first agreed in writing by the Local Planning Authority.

Reason - To ensure a satisfactory visual relationship of the new development and that existing and in accordance with Policies BE1 and H12 of the Poole Local Plan First Alteration (Adopted 2004).

Informative Note(s)

1 - IN620 - Summary of Reasons for Decision Town and Country Planning (General Development Procedure) (Amendment) Order 2003

- 65 - Item No: 11

Case Officer: Mr M Taylor

Site: 35 St Osmunds Road Poole BH14 9JT

Application No: 07/21758/004/F

Date Received: 17th August 2007

Agent: Mr R Peggs Gables Cottage Kivernell Road Milford- On-Sea Hants SO41 0PQ

Applicant: Mr & Mrs Whitmarsh

Development: Demolish existing conservatory and erect new pitched roof conservatory.

Ward: E 050 Penn Hill

This application has been brought to Planning Committee because the site is close to premises occupied by Councillor Mrs Stribley

Site Description

The site is on the eastern side of St Osmunds Road close to its junction with Glengariff Road. The rear of the site abuts the rear gardens of houses in Milton Road.

The property is a brick built, detached, bungalow.

The character of the immediate area on the eastern side of St Osmunds Road is defined by properties of a similar size, age, architectural style but in varying designs. A number of the properties on St Osmunds Road already benefitted have extensions at the rear.

The site is covered by an Tree Preservation Order.

Relevant Planning History

1990 - Single storey extension at rear to form a dining room – Approved

1992 - Conservatory at rear – Approved

1992 - Single Garage – Approved

Current Proposal

Replace the existing flat roof conservatory located at the rear of the property with a hipped roof conservatory. The conservatory is made with a dwarf wall at the base and UPVC panels with a polycarbonate roof.

- 66 - REPRESENTATIONS

Adjacent properties were notified of the application. No representations have been received.

Relevant Planning Policy

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

BE1 – Design Code; H12 – House Alterations & Extensions; NE28 – Tree Preservation

Planning Considerations

The proposal will be located at the rear of the dwelling and will therefore not be visible in the streetscence.

Materials used will match the existing dwelling. This will also be secured by condition.

The properties to the rear (east) and the north will be sufficiently distant from the proposal to prevent any material harm to their light, outlook or privacy. Furthermore the boundary fence between the application site and these properties is in excess of 1.8m high.

The proposal will be screened from the neighbouring property to the south, 37 St Osmunds Road, by an existing garage.

The proposal site is covered by a Tree Preservation Order (TPO 40). However the proposal would not give rise to any conflict with the protected trees, because of their position and the location of the proposed development.

The proposal complies with the relevant policies in the Poole Local Plan First Alteration (Adopted 2004) and is therefore recommended for approval.

Human Rights Act

- 67 - RECOMMENDATION GRANT

Subject to the following condition(s)

1 - GN150 (Detailed Permission - Time Expiry 3 Years (Standard) ) The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission. Reason - This condition is required to be imposed by the provisions of Section 91 of the Town and Country Planning Act 1990 and amended by Section 51(1) of the Planning and Compulsory Purchase Act 2004.

Reason - To ensure a satisfactory visual relationship of the new development and that existing and in accordance with Policies BE1 and H12 of the Poole Local Plan First Alteration (Adopted 2004).

Informative Note(s)

1 - IN620 - Summary of Reasons for Decision Town and Country Planning (General Development Procedure) (Amendment) Order 2003

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