Site: Comptons Yard Land Off Thrush Road And Ringwood Road

AGENDA ITEM 6

BOROUGH OF POOLE

PLANNING COMMITTEE

THURSDAY 26 JANUARY 2006

SITE: COMPTONS YARD LAND OFF THRUSH ROAD and RINGWOOD ROAD

PROPOSALS:

Erect 9 industrial units Classes B1, B2 and B8): Ref: 2604/10

Outline application for residential use on eastern part of site (including demolition of Nos 624 and 632 Ringwood Road): ref: 17129/2 Amended plan received 29.11.05

1. BACKGROUND

1.1 Members will recall that these applications were deferred at the Planning Committee of 22.9.05 for further negotiation and consideration of:-

 The dedication of land to provide an alternative bus lay-by on Ringwood Road

 The possibility of retaining current employment land

 The possibility of creating an alternative access

 The mix of uses, to locate light industrial uses adjacent to residential boundaries

 Review of Policy E12.

1.2 Members will also recall the importance of considering these applications together to ensure that the policy issues are safeguarded.

1.3 The previous Committee Reports are appended.

2. DECISION REQUIRED

2.1 To assess whether the applicant has sufficiently demonstrated that the loss of some of this employment land is acceptable in light of the gains to be made by the site’s development, the opportunity to seek buffers for the existing residential neighbours, and whether an alternative access and bus stop is possible.

1 3. MATTERS FOR INFORMATION

3.1 Subsequent to the previous applications plans, an amended drawing has been submitted which illustrate: - A residential layout outlining 14 dwellings - A buffer to the rear boundary - The bus lay-by in its original position

3.2 In addition, the applicant has provided documentary details that illustrate difficulties in achieving an alternative access and also suggest that to re- develop the areas of land, and retain the current employment site intact, would reduce the potential of any residential development. Furthermore, this package of development proposals allows for the re-development of the remaining employment land which is an improvement to the employment character.

3.3 Alternative opportunities for access to Mannings Heath Road have been explored but due to land purchase problems and the configuration of uses on the site such an alternative access would be at the cost of the site’s efficient use and would be difficult to secure in terms of land purchase.

3.4 As part of the proposed residential element 17129/2 (Ringwood Road frontage), an alternative bus lay-by could be considered. However, the bus lay-by is shown in its original position as the preferred location for this facility on Ringwood Road.

3.5 As stated in the attached report (ref:17129/2), the residential element of the scheme needs to be considered as part of the whole site’s development to ensure that the main thrust of Policy E2 is being complied with. The additional loss of employment land at the rear is logical in that it draws a clearly defined line that continues the boundary between existing residential uses and the industrial land at the rear. This enables a more robust sound and sight buffer between the houses to the nearest hi-tech uses and the heavier industrial users beyond. It also gives the opportunity for the original fragmented residential land to be consolidated (in accordance with Policy E12), and for employment land to come forward to deliver the efficient use of land with sufficient residual land for landscaping .

3.6 Even though the residential proposal is in outline only, members expressed reservations at this stage about flats being appropriate in this location. For this reason an illustrative layout of 14 detached dwellings has been provided instead. However, this is a matter of detail not for consideration now.

2 4. RECOMMENDATION

4.1 That Members grant planning permission for both applications subject to a legal agreement and conditions as altered.

PETER WATSON HEAD OF PLANNING DESIGN AND CONTROL SERVICES

Contact Officer: Helen Harris, Planning Officer Tel: 01202 633350 Email: [email protected]

3 Item No: 4

Case Officer: Mr B Spiller

Site: Land off Thrush Road, Poole, Dorset, BH12 4NL

Application No: 05/02604/010/F

Date Received: 23rd August 2005

Agent: Lionel Gregory Ltd Unit J1 The Fulcrum Business Park Vantage Way Mannings Heath Poole Dorset BH12 4NU

Applicant: C Compton Ltd

Development: Erect 9 industrial units with associated access and parking, for use in Classes: B1 (Business); B2 (General Industrial) and B8 (Storage/Distribution).

Ward: I 090 Alderney

This application is brought before the Planning Committee due to the inter- relationship with outline planning application for residential development on land to the immediate south of the application site (Reference 05/17129/002) has been submitted. Both applications have, therefore, been brought before Committee.

Site Description

The application site, measuring 0.68ha, forms part of an established employment site, known as Comptons Yard. Access is gained via Thrush Road, connecting to Broom Road and taking vehicular access through Mannings Heath industrial estate.

The site is irregular in shape and the western boundary of the site effectively raps around an existing unit (outside of the applicants ownership). The application site is split level, with a ‘step up’ where the access way opens out to the proposed car parking area. The area proposed for development is level, cleared and vacant, with areas of hardstanding.

4 A heavy manufacturing use (Precision Disk Casting) lies to immediate north and its prominence presents an undeniable employment character. There are two established industrial units occupying land to the immediate west of the entrance / egress. Two industrial units have recently been completed to the immediate east of the application site and serve to reinforce the employment character and operation of the site. Small scale commercial buildings lie beyond. The area to the south encompasses a number of residential uses. These are largely masked by the completion of the two new industrial units, although the former Comptons Yard extends into plots 624 -640 Ringwood Road. The boundary between residential curtilage and open employment activities is less well defined, with some evidence of access having been afforded through one of the plots.

Planning History

The site was subject to a CLEUD, establishing the lawful use of the site as a ‘General contractors haulage yard and storage of vehicles and scrap yard’ (reference 2604/002, 18/01/1993).

An industrial building has recently been completed to the immediate east of the application site, on land forming part of Comptons Yard. This building is subdivided into two units for B1, B2 and B8 for use together with ancillary parking and a new access road from Thrush Road (reference 02/02604/007, 04/09/2002). This permission was subject to a legal agreement that secured the provision of a turning head at the end of Thrush Road (to be dedicated to the Council and the future provision of a footpath across the site. Planning permission for a third unit, providing a further 500sqm of employment floor space, was granted on 24th March 2005 (reference 04/02604/009).

Current Proposal

 The current proposal seeks permission for the erection of 9 industrial units (B1/ B2/ B8) on the central part of the site. The units would be provided in two blocks, one along the northern boundary (comprising 5 units) and one along the southern boundary (comprising 4 units). The proposal provides a total of 2253sqm of employment floor space with each unit providing 235-240sqm of accommodation.  It should be noted that the unit marked ‘6’ on site plan reference: 4201/24F does not form part of this application.

Planning Policy

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

BE1 - (Design Code) NE1 - (Pollution and Noise) T2 - (Cycling Provision in New Development) T3 - (Provision for Pedestrians in New Development)) T11 - (Car Parking Maxima) T13 - (Traffic Generated by Development) T14 - (Access to the Highway Network) E2 - (Existing Employment Areas)

5 E5 - (Small Firms) E12 - (Manning Heath - Residential Properties) E17 - (Sites Near to Potentially Polluting Uses) E19 - (Contaminated Sites)

REPRESENTATIONS

Neighbouring occupiers were notified of the planning application, a site notice posted and advertisement placed in the press. One representation has been received, which raises the following issue:

 Capacity of foul water sewer drainage.

Broom Road Residents Association - the residents association has submitted an objection to the proposed development, ‘which is considered contrary to the spirit of the most recent industrial developments in Broom Road which are well spaced and landscaped. Concern is also expressed in relation to the suitability of Thrush Road to accommodate heavy vehicles, particularly when passing. ‘When the site was a haulage depot, the vehicle movements were twentyfour hours per day. We will assume that the new industries will be restricted to normal working hours’. Particular concern is expressed at the potential for additional motor repair trades with associated noise and fumes.

The Head of Transportation Services - Thrush Road is substandard with regard to its width. HGVs find it difficult to pass and some may use the adjoining footway. However, it is felt that the existing / previous use as a haulage business probably generated more HGV movements than are likely from the proposed. A Travel Plan should be submitted and if possible should include the whole site. A direct footpath/cycle link from the site to Ringwood Road should be provided to encourage the use of non-car modes.

Parking - facilities satisfy the guidelines albeit the cycle/motorcycle facilities have yet to be approved.

A contribution of £11,500 is sought for schemes in the locality that promote modes of transport other than the car.

Head of Environmental and Consumer Protection - it is evident that the site is either on or adjacent to an area of suspected landfill. This information is confirmed by the British Geological Survey sheet for Bournemouth which also states that this land is made ground. The site is also on land which is currently or has been used as a scrap yard which is a potential source of contamination on the site. Accordingly a condition requiring further investigation and any requisite remedial works should be attached to any consent, if minded to grant.

Wessex Water - informative note sought on any decision notice to highlight that, whilst not shown on Wessex Waters records, there may be a sewer crossing the site.

Clarification has been sought in relation to foul water sewer drainage. No objection has been raised.

6 Planning Considerations

 The main issues in the consideration of this proposal are whether the provision of industrial units in this location would be in keeping with the neighbouring industrial area and whether neighbouring residential amenity would be protected (both in terms of existing residential dwellings and the outline proposal which is also brought before Committee). Careful consideration must also be given to issues of access.  The proposal contributes towards the choice and range of small, purpose built units in Poole, consistent with the intent of Policies E2 and E5.  The site is relatively self-contained and it is considered that the proposed layout is appropriate to this location. The proposal creates a clearly defined operational area and in following the building line established by the recent completion of units 1 -2 (as shown on site plan ref: 4201/24F) serves to provide demarcation between employment activities and the proposed residential use of land to the immediate south. The industrial units serve to screen (both visually and in terms of noise) the operational areas and in this respect will minimise potential amenity issues. Nonetheless it is proposed top place a condition restricting hours of operation, consistent with that attached to the consent for units 1-2.  The scale and design of the proposed unit is commensurate to other developments that have been brought forward in the vicinity of the site and is considered acceptable.  Access via Thrush Road is not ideal and might be viewed as substandard. The established lawful use of the site is, however, a substantive material consideration in this instance.  Given the lawful use of land and existence of a number of access points to the current site this is also far from ideal.  The 2 current proposals, this application and the application considered at Item 4, seeks a pragmatic way forward to deal with policies relating to this area and its access. Those policies being primarily E2, which encourages commercial development; E12, which identifies the difficulty of locating commercial development alongside residential properties and encourage a landscape buffer and policy T14 which encourages the use of access points to lower category of roads.  In considering these proposals it is clear that vehicular access for the industrial traffic would be confined to Thrush Road. This access, however, is lawful and if approved is given for residential development, Reference 1729/002, is considered to be a highway gain both in terms of removing the commercial traffic direct to Ringwood Road and also reducing the size of commercial site accessing Thrush Road. This also allows for a meaningful area of landscape buffer and clear demarcation between commercial and residential uses, albeit preventing vehicular access for the residential traffic to a lower category road, and thus its only access is Ringwood Road.  The requirement for an Umbrella Travel Plan covering the whole of the application site and the provision of a direct footpath / cycleway to Ringwood Road are critical to the acceptability of this proposal. The latter should be secured through a Section 106 Agreement (with the land to the south also being within the applicant’s ownership). The applicant has proposed that access should be via a coded gate, which providing all of those employed on

7 the site are made aware of the code (potentially a Travel Plan measure) acceptable in principle.

Human Rights Act

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

RECOMMENDATION GRANT - subject to a Section 106 Legal Agreement for:

1. The provision of a new foot path/cycle way from the southern boundary of the site to the carriageway at Ringwood Road in order to provide a safe convenient access in accordance with Policies T2, T3 and T14 of the Poole Local Plan First Alteration (Adopted 2004). 2. A financial contribution of £11,500 (plus administrative fee) for schemes in the locality that promote modes of transport other than the car in accordance with Policy T13 of the Poole Local Plan First Alteration (Adopted 2004). 3. Secure a Travel Plan.

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

Subject to the following conditions

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.

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

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 onsite 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 - HW020 (Access To Be From A Specified Road) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any order revoking and re-enacting that Order, the means of vehicular access to the development hereby permitted shall be from Thrush Road only.

Reason -

8 In the interests of highway safety and in accordance with Policy T14 of the Poole Local Plan First Alteration (Adopted 2004).

9 4 - HW110 (Cycle Provision) Prior to the commencement of development, details of secure cycle parking facilities shall be submitted to, and approved in writing by, the Local Planning Authority, implemented in accordance with the agreed details and thereafter retained.

Reason - In order to secure the provisions of appropriate facilities for cyclists and in accordance with Policy T2 of the Poole Local Plan First Alteration (Adopted 2004).

5 - 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 BE1 of the Poole Local Plan First Alteration (Adopted 2004).

6 - 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 the use hereby permitted is commenced . 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 BE1 of the Poole Local Plan First Alteration (Adopted 2004).

7 - RC070 (Restriction on Hours of Use/Deliveries) The B2 uses hereby approved shall not operate otherwise than between the hours of 8am and 6pm Monday to Friday, and between the hours of 8am and 1pm on Saturdays, nor at any time on Sundays, Bank Holidays or other National Public Holidays. There shall be no vehicle movements associated with the B8 use on the site nor commercial vehicle movements on the B8 sites otherwise than between the hours of 8am and 11pm Monday to Fridays, on Saturdays 8am to 1pm nor on any Sunday or Bank or Public Holidays

Reason - To protect the amenities of the area and the residential occupiers of the neighbouring properties in Ringwood Road in accordance with Policy NE1 of the Poole Local Plan First Alteration (March 2004).

10 8 - RC110 (No Open Air Storage) No goods, plant or material shall be deposited or stored in the open or displayed for sale in the open on the site without the prior written consent of the Local Planning Authority.

Reason - To protect the residential amenities of the area and to maintain adequate on-site parking and turning areas in accordance with Policies NE1 and BE1 of the Poole Local Plan First Alteration (Adopted 2004).

9 - NP090 (Contaminated Land - Submission of Details Required) Prior to the commencement of any works pursuant to this permission the developer shall submit for the written approval of the Borough of Poole:

A 'desk study' report documenting the history of the site and its surrounding area and likelihood of contaminant extent and type; if the study confirms the possibility of contamination a site investigation report documenting the ground conditions of the site, incorporating a "conceptual model" of all the potential pollutant linkages and an assessment of risk to identified receptors; if risk assessment identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed.

The Remediation Scheme, as agreed by the Borough of Poole, shall be fully implemented before the development hereby permitted is first occupied. Any variation to the scheme shall be agreed in writing with the Borough of Poole in advance of works being undertaken. On completion of the works the developer shall provide written conformation that all works were completed in accordance with the agreed details.

Reason - To identify unacceptable risks to human health and other sensitive receptors and ensure the remediation of the site is to an appropriate standard and in accordance with Policy E19 of the Poole Local Plan First Alteration (Adopted 2004).

10 - DR020 (Drainage - Submission of Details Required) The development, hereby approved, shall not be occupied until drainage works have been carried out in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority.

Reason - To ensure there is adequate provision of drainage facilities and in accordance with Policy BE1 of the Poole Local Plan First Alteration (Adopted 2004).

11 11 - HW120 (Parking/Unloading Provision) The development hereby permitted shall not be brought into use until the areas for the manoeuvring, parking, loading and unloading of vehicles shown on the approved plan have been made available, surfaced and marked out, and the areas shall subsequently be retained and kept available for these purposes at all times.

Reason - In the interests of highway safety and in accordance with Policy T14 of the Poole Local Plan First Alteration (Adopted 2004).

Informative Notes

1 - Non Standard A minimum of 28 days notice is required for works on the highway associated with the development. Application is to be made to the Head of Highways and Transportation Services. Only contractors approved by the Council can carry out this work. Under no circumstances shall the following occur:

1. Damage to the highway as a result of excavation within the site. 2. The highway be used for storage of materials. 3. The footway be crossed or used by delivery vehicles without a properly formed crossing provided. 4. The highway be used for plant carrying out works to or near the boundary of this site.

If any of the above are observed, the Council's maintenance contractor will carry out the necessary work to rectify the situation and all costs incurred recovered from the Contractor. The onus will be on the Contractor to prove that any damage to the highway has not been caused by the works.

2 - IN250 - Development on Contaminated Land The applicant is informed that responsibility and subsequent liability for safe development and secure occupancy of the site rests with the developer and/or landowner. Whilst the Local Planning Authority has used its best endeavours to determine these proposals on the basis of the information available, approval does not mean the land is free from contamination. The applicant is further advised that particular attention should be paid to the requirements of the Building Regulations 1991 (S.I. 1991/22768).

3 - IN360 - Existing Sewer The site of this application might be crossed by a foul sewer, and the provisions of Section 25 of the Public Health Act 1936 could therefore apply. This permission does not convey any approval or consent under that Act, and you should contact the Head of Drainage Services before proceeding further with these proposals.

12 4 - 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.

5 - 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 safeguard an established employment site and contribute to the stock of modern, purpose built employment premises consistent with the intent of Policies E2 and E5. b) The proposal will not affect the character and amenities of the area - Policies BE1 and NE1. c) Adequate facility and contribution to promote other modes of transport are secured - Policy T13.

13 Item No: 5

Case Officer: Mr B Spiller

Site: 624-634 Ringwood Road, Poole, Dorset, BH12 4LZ

Application No: 05/17129/002/P

Date Received: 28th June 2005

Agent: Miles & Co. Chartered Surveyors 508 Ringwood Road Poole Dorset BH12 3LY

Applicant: Mr M Compton

Development: Outline application for residential development. (The application is in outline form with only matters of access being agreed).

Ward: I 090 Alderney

This application is brought before the Planning Committee as a departure from the adopted Development Plan by virtue of the loss of part of an established employment use within an existing employment area, contrary to Policy E2 of the Poole Local Plan First Alteration

A separate planning application for the erection of 9 industrial units to the immediate north of the application site (reference 05/2604/010) has been submitted. Both applications have been brought before Committee owing to their inter-relationship.

Site Description

The application site measures approximately 0.45ha and brings together a number of parcels of land. It enjoys substantive frontage along Ringwood Road, circa 75m, from which vehicular access is gained.

The application site is currently part occupied by two residential dwellings (nos. 624 and 632) fronting Ringwood Road. These dwellings are separated from each other, and other nearby dwellings, by gap sites (cleared and lain vacant). The northern part of the application site formed part of a contractors haulage yard, vehicle storage and scrap yard, known as Comptons Yard. This part of the site has recently been cleared of almost all materials and is vacant.

The majority of Comptons Yard, lying to the immediate north, is subject to a separate planning application for new employment development (reference 05/2604/010). Two industrial units, accessed from Thrush Road, have recently been completed to the north east of the site.

14 To the immediate east of the site lies a two storey Manse House set back some 20m from Ringwood Road and beyond this detached bungalows follow this building line. This stretch of Ringwood Road is predominantly residential in character. To the immediate west of the site lies a bungalow with an industrial unit to its rear, the latter being served from Mannings Heath Road.

Planning History

The planning history for this site is complex and it is evident that many of the uses and activities have developed incrementally. The definition between what can be considered as residential curtilage and what forms part of commercial activities has become blurred. This is compounded by the fact that there are ‘gap sites’ along Ringwood Road which have lain cleared and vacant for a considerable period of time.

Notwithstanding the two established residential dwellings fronting Ringwood Road, some of the gap sites (namely land between 624-632 and land to the west of 642) have previously benefited from planning permission for residential consent, although these were never implemented and have since lapsed. There is some evidence that a residential dwelling(s) occupied the land between 632 and 642, but this site has remained vacant following demolition.

The northern part of the site was subject to a CLUED, establishing the lawful use of the site as a ‘General contractors haulage yard and storage of vehicles and scrap yard’ (reference 2604/002, 18/01/1993). Previous planning decisions indicate that the vehicular access way serving the residential dwelling known as 632, may also have served the commercial activities at Comptons Yard, although this did not form part of the CLUED.

Current Proposal

 The proposal as originally submitted sought outline permission to, ‘Demolish existing and erect 3 blocks of 36 flats’ with details of access and siting to be considered. The description of development was subsequently amended to seek outline planning permission for ‘residential development’ with all matters other than access reserved for future consideration. Interested parties were re- notified accordingly.  Collectively the current proposal and the accompanying planning application for employment development offer an opportunity to regularise the uses and activities that are present and make better use of an underutilised, brownfield site.

15 Planning Policy

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

BE1 - (Design Code) H4 - (Housing Development) H5 - (Affordable Housing) T4 - (Key Public Transport Routes) T13 - (Traffic Generated by Development) T14 - (Access to the Highway Network) E2 - (Existing Employment Areas) E12 - (Mannings Heath – Residential) E17 - (Sites Near to Potentially Polluting Uses) E19 - (Contaminated Sites) L17 - (Provision for Recreational Facilities)

REPRESENTATIONS

Neighbouring occupiers were notified of the planning application, a site notice posted and advertisement placed in the press. Three representations have been received, which raise the following issues:

 Overlooking and loss of privacy to the detriment of the residential amenity of the occupiers of neighbouring properties;  Overbearing impact upon 642 Ringwood Road to the detriment of the residential amenity of its occupiers;  Capacity of water, sewerage and storm drainage infrastructure;  Concern over potential boundary treatment;  The proposed access is too near the bus stop and the new controlled crossing;  Congestion on Ringwood Road.

Broom Road Residents Association - the residents association initially sought clarification on how the applicant proposed to reconcile two three storey blocks comprising thirty six flats with an area surrounded by high density small industries, saturated with polluting exhaust fumes, overlooked by a noisy, stinking filthy foundry working twenty four hours a day, and a built residential area consisting predominantly of bungalows. Further to the submission of a revised design and planning statement by the applicant, the residents association re-iterated concerns about the intrusion into the privacy of the occupiers of 620 and 642 Ringwood Road.

NB Owing to the amendment of the description of development, some of these issues (including overlooking and privacy, overbearing impact) will no longer be relevant considerations at this stage.

16 The Head of Transportation Services - with reference to the original proposal for 36 flats; the proposed access off Ringwood Road is a concern because it is a busy distributor road and close to the Herbert Avenue Junction. Movements in and out of the access are likely to interfere with the free flow of traffic and may cause increased problems at the junction. However, there will be benefits with the closure of existing accesses and movements in or out should not cause problems at the nearby junction significant to warrant a refusal on traffic generation grounds. On balance and if an access to Ringwood Road is the only option the Head of Transportation does not object provided that the details of the access are agreed. That may include alterations / relocation to the bus lay and bus lane and those works should be secured in a Section 278 Agreement.

NB The amended scheme shifts the proposed access further away from the junction with Herbert Avenue.

Wessex Water - there is a public foul sewer adjacent to the site in Ringwood Road. Adequate capacity within the public foul sewerage system exists and there is adequate capacity for treatment. There is a water main in the vicinity of the site and there should be adequate capacity in the distribution system.

The use of soakways should be explored. If soakaways cannot be used a long offsite connection to the public sewer will be required. Onsite attenuation may also be required.

Head of Environmental and Consumer Protection - it is evident that a scrap yard is located directly adjacent to the site. A former haulage company also existed on part of the site (624). Contamination issues should therefore be explored to assess potential contamination such as leakages and spillages of oils and diesels. Accordingly a condition requiring further investigation and any requisite remedial works should be attached to any consent, if minded to grant.

Planning Considerations

The principle of Residential Development

 The site lies within the Mannings Heath existing employment area, subject to Policy E2, and also the Mannings Heath residential development area – policy E12. Policy E2 seeks to retain established employment sites for employment use in order to protect and enhance the character and operation of the area, whereas policy E12 considers the redevelopment of residential properties fronting Ringwood Road for use class B1 activities. In that policy it is acknowledged that piecemeal fragmentation would be unacceptable, that a buffer should be provided, and access would not be permitted from Ringwood Road. Whilst this proposal is not for B1 use the intention behind policy E12 is therefore considered to be of some relevance.

17  The proposal involves the loss of established employment land on the northern part of the site and, as such, would be contrary to Policy E2. However, approximately two thirds of this site has never been in established employment use and should therefore be considered against provision (iii) of Policy E2. This provision concerns sites or premises whose current / previous use does not fall within use classes B1, B2 or B8 and permits alternative uses (non B1, B2, B8) where they are compatible with neighbouring uses and would not prejudice the employment related character of the existing employment area.  This proposal, and that considered at item……, is a pragmatic solution to the development of this area and whilst this would increase the level of residential development over and above that of the established residential properties, it is considered that reserved matters can assist in ameliorating any potential amenity conflicts that may otherwise result from the historical juxtaposition of residential and employment uses in this part of Poole. Furthermore, whilst some loss of employment area is proposed, the residential development would not prejudice the employment character or operation of the employment activities to the north. The accompanying planning application for the erection of 9 industrial units demonstrates how the proposal might assist in making better use of this under-utilised, brownfield site through the creation of modern, purpose built employment accommodation to the immediate north. In this respect the proposal could be viewed as contributing towards the underlying intent of Policy E2 and Policy E12.  Whilst no details of numbers and siting are now shown at this stage it is considered that the proposal accords with Policy H4. The original proposal for 36 flats would have provided a density of circa 80 dwellings per ha. Whilst this generated a number of issues it is reasonable to require development in excess of 30 dwellings per ha on this site in accordance with Policy H4. In order to ensure that an acceptable scheme can be secured through the submission of reserved matters it is proposed that conditions be imposed reflecting the Council’s aspirations on density and character. In this instance the height of any proposed development will be a key consideration and this should serve to respect that of the adjacent dwellings.  The original proposal would have also required the provision of affordable housing on this site, in accordance with Policy H5. If minded to grant consent, affordable housing would be secured by way of Section 106 legal agreement if the detailed matters involve the development of 15 or more dwellings. In a similar vein a contribution towards recreational facilities and transport measures would be secured through legal agreement in accordance with Policies L17 and T14 respectively.

18 Access

 The proposal rationalises the number of access points (existing and potential) onto Ringwood Road and repositions the access further away from the junction with Herbert Avenue. It also provides an opportunity to permanently close a potential through route to the employment uses to the rear of the application site. In this instance, there are not considered to be any alternative access routes.  The proposed access is situated so as to minimise interruption to the free flow of traffic. Its location relative to the cessation of the bus lane on the west bound carriageway ensures that with only a minimal reduction in the length of the bus lane, traffic can continue to travel west even when a vehicle(s) is waiting to turn right into the site.  The position of the access should also enable a detailed scheme that respects the amenity of neighbouring properties to be delivered. It would not be desirable, in design terms to establish the access immediately adjacent to the eastern boundary.

Human Rights Act

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

RECOMMENDATION GRANT - subject to referral to the ODPM as a departure from the Development Plan and a Section 106 Legal Agreement for:

1. The provision of Affordable Housing, should the detailed scheme comprise 15 or more units, to be calculated in accordance with Policy H5 of the Poole Local Plan First Alteration (adopted March 2004) and respective Supplementary Planning Guidance. 2. A financial contribution (plus administrative fee) for recreational facilities in accordance with Policy L17 of the Poole Local Plan First Alteration (adopted March 2004) and respective Supplementary Planning Guidance. 3. A financial contribution (plus administrative fee) for schemes in the locality that promote modes of transport other than the car in accordance with Policy T13 of the Poole Local Plan First Alteration (adopted March 2004). 4. Details of the proposed access and alterations to the adjoining highway to be agreed and then secured through a Section 278 Agreement (Highways Act 1980).

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

19 Subject to the following conditions

1 - OL010 (Outline Permission - Submission of Reserved Matters) No development shall take place until approval of the details of the siting, design, external appearance of the building(s), the landscaping of the site and means of access as detailed within condition 15 below (hereinafter called "the reserved matters") has been obtained in writing from the Local Planning Authority and the development shall be carried out in accordance with the approved details.

Reason - This condition is required to be imposed by the provisions of Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.

2 - OL020 (Outline Permission - Timing of Reserved Matters Submission) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this permission and the development hereby permitted shall be begun either before the expiration of 5 years from the date of this permission or before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved whichever is the later.

Reason - This condition is required to be imposed by the provisions of Article 4 of the Town and Country Planning (General Development Procedure) Order 1995 and Section 92 of the Town and Country Planning Act 1990.

3 - 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 the use hereby permitted is commenced. 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 Policies BE1 and H4 of the Poole Local Plan First Alteration (Adopted 2004).

4 - Non Standard The design details to be submitted under condition 1 above bring forward residential development at a density of 30 dwellings per ha or more.

Reason - In the interests of the amenity and appearance of the locality and in accordance with Policy H4 of the Poole Local Plan First Alteration (Adopted 2004).

20 5 - HW010 (No Other Access Except That Shown) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any order revoking and re-enacting that Order, no access, vehicular or pedestrian, other than that shown on the approved plan, shall be formed to the site.

6 - HW040 (Prior Provision of Vehicular, Pedestrian and Cycling Access) The development hereby permitted shall not be occupied until a means of access for pedestrians/cyclists and/or vehicular access has been constructed in accordance with the approved plans.

Reason - In the interests of highway safety and in accordance with Policies T2, T3 and T14 of the Poole Local Plan First Alteration (Adopted 2004).

7 - 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 Policies of T13 and T14 of the Poole Local Plan First Alteration (Adopted 2004).

8 - HW110 (Cycle Provision) Prior to the commencement of development, details of secure cycle parking facilities shall be submitted to, and approved in writing by, the Local Planning Authority, implemented in accordance with the agreed details and thereafter retained.

Reason - In order to secure the provisions of appropriate facilities for cyclists and in accordance with Policy T2 of the Poole Local Plan First Alteration (Adopted 2004).

9 - HW170 (Prior Construction of Service Roads) No dwelling/building shall be occupied until that part of the access road which serves it has been constructed in accordance with the approved plans.

21 10 - LS010 (Site Survey - Submission of Details Required) The first submission of Reserved Matters shall include a survey of the development site as existing to a scale of [1:200/1:500] and shall include: a) a comprehensive levels survey, including spot levels adjacent to trees; b) a full tree survey, including the positions and crown spreads of trees within the site and adjacent to the site boundaries on adjoining land; c) accurate location of existing ponds and watercourses; d) location and extent of hedges, hedgerows and areas of shrubs; e) existing boundary treatments; f) other significant natural site features, including those of possible wildlife interest (to include a wildlife survey if necessary); and g) features of archaeological value (to include an archaeological survey if necessary).

Reason - To allow proper consideration of the impact of the proposed development on the existing features and amenity value of the site and in accordance with Policies BE1 and H4 of the Poole Local Plan First Alteration (Adopted 2004).

11 - LS030 (Implement Landscaping Scheme (Outline Application)) Upon approval of the landscaping details (including 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) pursuant to Condition 1: 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 BE1 of the Poole Local Plan First Alteration (Adopted 2004).

22 12 - RC040 (Control Height of Proposed Building) The design details to be submitted under condition 1 above shall respect the character of adjacent dwellings and be of no more than 3 storey construction with 3rd storey accomodation predominantly in the roof space.

Reason - In the interests of the amenity and appearance of the locality and in accordance with Policies H4 and BE1 of the Poole Local Plan First Alteration (Adopted 2004).

13 - DR020 (Drainage - Submission of Details Required) The development, hereby approved, shall not be occupied until drainage works have been carried out in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority.

Reason - To ensure there is adequate provision of drainage facilities and in accordance with Policy BE1 of the Poole Local Plan First Alteration (Adopted 2004).

14 - NP090 (Contaminated Land - Submission of Details Required) Prior to the commencement of any works pursuant to this permission the developer shall submit for the written approval of the Borough of Poole:

A 'desk study' report documenting the history of the site and its surrounding area and likelihood of contaminant extent and type; if the study confirms the possibility of contamination a site investigation report documenting the ground conditions of the site, incorporating a "conceptual model" of all the potential pollutant linkages and an assessment of risk to identified receptors; if risk assessment identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed.

The Remediation Scheme, as agreed by the Borough of Poole, shall be fully implemented before the development hereby permitted is first occupied. Any variation to the scheme shall be agreed in writing with the Borough of Poole in advance of works being undertaken. On completion of the works the developer shall provide written conformation that all works were completed in accordance with the agreed details.

Reason- To identify unacceptable risks to human health and other sensitive receptors and ensure the remediation of the site is to an appropriate standard and in accordance with Policy of the Poole Local Plan First Alteration (Adopted 2004).

23 15 - 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 Policies H4 and BE1 of the Poole Local Plan First Alteration (Adopted 2004).

16 - Non Standard Notwithstanding the submitted plan this outline permission merely accepts the location of the access off Ringwood Road. Details of the access, alterations to the bus lay by, car and cycle parking together with the internal road layout including onsite turning facilities shall be submitted for approval in a reserved matters application.

Reason - In accordance with Policies BE1, H4 and T14 of the Poole Local Plan First Alteration (adopted March 2004)

Informative Notes

1 - IN020 - Reserved Matters - Compliance With Outline Planning Permission Your attention is drawn to the need to comply with the conditions imposed on the outline planning permission.

2 - IN090 - Work Affecting Public Highway The applicant is informed that any works arising from the development, and having a direct effect upon the public highway, shall be carried out to the specification and satisfaction of the Local Highway Authority.

3 - IN250 - Development on Contaminated Land The applicant is informed that responsibility and subsequent liability for safe development and secure occupancy of the site rests with the developer and/or landowner. Whilst the Local Planning Authority has used its best endeavours to determine these proposals on the basis of the information available, approval does not mean the land is free from contamination. The applicant is further advised that particular attention should be paid to the requirements of the Building Regulations 1991 (S.I. 1991/22768).

24 4 - 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 H4 c) Access to Ringwood Road acceptable - Policy T14 d) Principle of affordable housing agreed - Policy H5 e) Recreation contribution agreed - Policy L17 f) Transportation contribution agreed - Policy T13

Whilst the proposal is in conflict with Policy E2, with the loss of employment land, the benefits brought about by this development are such that an exception to this policy is allowed.

5 - 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.

6 - 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.

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