Spinners, Flat 6, 20 Flaghead Road, Poole - Varition of Condition 10 of Planning Permission

AGENDA ITEM 7

BOROUGH OF POOLE

PLANNING COMMITTEE

THURSDAY 20th NOVEMBER 2008

REPORT OF THE HEAD OF PLANNING DESIGN AND CONTROL SERVICES

SPINNERS, FLAT 6, 20 FLAGHEAD ROAD, POOLE - VARITION OF CONDITION 10 OF PLANNING PERMISSION 05/119876/006/F TO ALLOW OBSCURE-FILM FIXED BETWEEN DOUBLE GLAZED UNIT TO BE USED IN FLAT

1.0 BACKGROUND

1.1 Members will recall that on 25th September 2008, authority was delegated to the Head of Planning Design and Control Services in consultation with the Chairman at the Planning Committee to:- a) approve the Application subject to the proposed ‘film’ solution being demonstrated as being viable for the lifetime of the sealed glazing unit (25 years); and b) enable the outcome of this research to be reported back to Committee (Minute PC45.08 refers).

2.0 RECOMMENDATION

2.1 To approve the Application for Variation of Condition 10 of planning permission 05/119876/006/F to allow obscure-film fixed between double glazed unit to be used in Flat 6, 20 Flaghead Road, Poole.

3.0 MATTERS FOR INFORMATION

3.1The Application is brought back to Committee because the Applicant has been unable to demonstrate that the obscure glazed film can be guaranteed for 25 years. From research it appears that it is reasonable to expect windows to come with a 10 year guarantee. However, in accordance with the letter dated 05/09/08 from 21st Century Tints, they are not able to do this in this instance as the manufacturing Company is closing.

3.2Despite no further information being presented to support the viability of the obscure glazed film a recommendation to approve the Application is still being put forward as the imposition of the condition as shown below would enable the Local Planning Authority to ensure that the window remains obscure glazed in the first instance and all subsequent occasions, the same as if it were obscured glass.

3.6 The proposal is in accordance with Policy BE1 and H12.

1 3.7 The proposal is recommended for approval subject to the following additional condition:-

 The obscure glazed unit hereby approved shall be installed within one month of the date of this Decision Notice and shall in the first instance and upon all subsequent occasions be obscure glazed in a form sufficient to prevent external views and shall either be a fixed light or hung in such a way to prevent the effect of obscure glazing being negated by reason of opening.

PETER WATSON

HEAD OF PLANNING DESIGN AND CONTROL SERVICES Contact Officer:

Claire Standley, Senior Planning Officer

Email: [email protected]

2 APPENDIX Item No: 12

Case Officer: Miss C Standley

Site: Spinners, 20 Flaghead Road, Poole, BH13 7JW

Application No: 08/11976/010/F

Date Received: 30th July 2008

Agent:

Applicant: Gee Developments

Development: Variation of Condition 10 of planning permission 05/119876/006/F to allow obscure-film fixed between double glazed unit to be use in flat 6.

Ward: F 060 Canford Cliffs

This application is brought to planning committee at the request of Councillor Mrs Haines due to residents concerns that obscured glass should be used rather than film. Site Description

The application site is 0.1 hectares in size and located on the corner of Flaghead Road and St. Clair Road.

The plot was previously occupied by one dwelling but has since been redeveloped with two separate blocks of 3 flats known as plot 1 and plot 2. This application relates to plot 2 and more specifically Flat 6 on the second floor.

Relevant Planning History

2006: Demolish existing dwelling and erect two blocks of three apartments (6 in total). Granted subject to conditions which included the following:

Both in the first instance and upon all subsequent occasions, the windows in the rear south elevation at first and second floor level on the approved plan 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. (11976/6)

2006: Erect two blocks of three apartments (6 in total). Refused (Revised Scheme - 11976/7)

2007: Erect balcony on east facade of plot 2 allowed on appeal (11976/8)

3 January 2008: Relief of Condition 10 of permission 11976/006 to allow change from obscure glaze to clear glaze of rear elevation of Plot 2 allowed on appeal (in part) (11976/9)

Current Proposal

Variation of Condition 10 of planning permission 119876/006 to allow obscured film fixed between double glazed units to be used in flat 6.

REPRESENTATIONS

Representations have been received from the residents of two neighbouring properties in which the following concerns are raised:

 Film does not have the permanence of glass  Obscured glass can be manufactured in the size required  Concern regarding history on site relating to the developer and the requirement for obscured glass  The Inspector stated that film was not sufficient

Relevant Planning Policy

The following Policies of the Poole Local Plan First Alteration Adopted 2004 (as amended by Secretary of State Direction 2007) apply

BE1 - (Design Code) H13 – (Purpose Built Flats, Bedsits, Hostels and Sheltered Housing) H12 – (House Alterations and Extensions)

Planning Considerations

 Condition 10 of planning permission ref: 05/11976/006/F required the obscured glazing of windows in the rear (south) elevation at first and second floor level. This application seeks to vary that condition to permit the glass in the lounge window to flat 6 on the second floor to be obscured by means of a film applied to an internal surface of the glass inside a sealed glazing unit.

 This application follows the recent refusal for the relief of this condition to allow the window in both flat 6 and flat 5 on the rear (south) elevation to be clear glazed, for the following reason:

The proposal to clear glaze the second floor window on the rear elevation of plot two would result in overlooking of the neighbours garden at 27 St. Clair Road and consequently have a harmful and intrusive impact on their privacy, which would be detrimental to use of their private garden space.

 The Inspectors allowed the appeal and varied the condition to allow the first floor window in the rear (south) elevation of flat 5 to be clear glazed subject to the following condition:

4 1. Windows at first floor level in the rear south elevation of plot 2 (flat 5) shall be fitted and retained in perpetuity with either fixed lights or opening restrictors. All other first and second floor level rear south facing windows shall be fitted and retained in perpetuity with obscured glass in a form sufficient to prevent external views and shall either be fixed lights or hung in such a way as to prevent the effect of obscure glazing being negated by reason of opening.

 The effect of the Inspectors decision and the condition imposed was therefore to only allow the window at first floor to flat 5 to be clear glazed, to which the Council did not object. The second floor window to flat 6 was to remain obscure glazed, expressly with glass.

 This current application is therefore to allow this window to be obscured using a film rather than glass.

 At the time of the Planning Inspectors site visit the window at second floor to flat 6 was obscured by a film applied to the outside of the glazing unit facing into the lounge and as such could be peeled off, the Inspector made the following comments:

“ … it is evident that non-compliance with the original condition, which requires obscure glass rather than film to be fitted, has resulted in temporary overlooking problems. This has followed the removal or partial removal of the obscure film and would not have arisen had the condition been complied with.”

 The proposal is to apply an appropriate film to the inside of the glazed unit, not to the outside of the window but to apply. The film would be within the sealed double-glazing unit, overcoming the Inspector’s concern that a film could be easily removed.

 Since the film would provide the same level of privacy for adjacent residents and would be no easier to remove than obscured glass, it is considered to be an acceptable alternative means of securing the intentions of the original condition and of also addressing the concerns of the Planning Inspector.

RECOMMENDATION

Grant With Conditions

Subject to the following condition(s)

1 - Non Standard (Non Standard Condition ) The obscure glazed unit hereby approved shall be installed within one month of the date of this Decision Notice and shall in the first instance and upon all subsequent occasions be obscure glazed in a form sufficient to prevent external views and shall either be a fixed light or hung in such a way to prevent the effect of obscure glazing being negated by reason of opening.

5 Reason - To protect the amenity and privacy of the adjoining properties and in accordance with Policy H12 and H13 of the Poole Local Plan First Alteration Adopted 2004 (as amended by Secretary of State Direction September 2007).

Informative Note(s)

1 - Non Standard The applicant is advised that this decision is to be read in conjunction with planning permission ref: 05/11976/006/F and all conditions of that approval and all other windows on the rear elevation shall be retained in accordance with the condition attached to the Inspectors Decision ref: APP/Q1255/A/07/2056278.

2 - 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 H12