Final Plans List

Borough of Poole

Planning Committee

List of Planning Applications

THURSDAY 18 DECEMBER 2003

DC0902MW BOROUGH OF POOLE

Planning Committee

DATE: 18 December 2003 at 6pm

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).

2 TABLE OF CONTENTS Planning Committee 18 December 2003 at 6pm

Page WEST

W1 DORWIN COURT 03/14339/005/F 4 328 POOLE ROAD

W2 UNIT B FULCRUM BUSINESS CENTRE 03/07786/063/F 9 BROOM ROAD

E1 12 CHADDESLEY GLEN 03/29165/008/F 13

E2 20 CHADDESLEY GLEN 03/04811/008/F 19

CENTRAL

C1 35 DENMARK ROAD 03/31434/009/C 27

C2 POOLE HOSPITAL NHS TRUST 03/16618/020/P 31 (ST MARYS ROAD SITE)

C3 LAND REAR OF 19-23 03/31405/006/F 42 BIRDS HILL ROAD

C4 LAND EAST & WEST OF SELDOWN 03/34791/004/F 47 BRIDGE (PITWINES SITE)

3 Item No: W1

Case Officer: Miss C Evans

Site: 328 Poole Road, Branksome, Poole, Dorset, BH12 1AR

Application No: 03/14339/005/F

Date Received: 29th October 2003

Agent: Bennington Green Associates 77A Poole Road Westbourne Bournemouth Dorset BH4 9BB

Applicant: M S I Ltd

Development: Remove existing roof and erect a second floor consisting of 2 1xbed and 2 2xbed flats on each block (total 8) with new pitched roof over (revised scheme) as amended by plans reeceived 4.12.03.

Ward: H 080 Branksome East

This application is brought before the Planning Committee because of the history of the site and the previous decision taken by Planning Committee

Site Description

The site is approximately 0.21 hectares located within the flat character area of Poole Road. The adjacent flats include two 6-storey blocks to the west side of the site (Lindum Court) and a 4-storey hipped roof block to the east of the site (Eaglehurst).

The current site comprises of two 2-storey art deco style blocks of flats with pitched roofs. Each block contains 24 one-bed flats with 13 parking spaces serving the 2 blocks. The site has a double frontage with one block facing Princess Road and the other facing Poole Road (A35). Currently, 3 parking spaces have access onto Poole Road with the other 10 having access onto Princess Road.

Relevant Planning History

 November 2002 – Planning permission refused to remove the roof on each of the blocks and erect second floors comprising a total of 12 one-bed flats under a pitched roof due to no recreational contribution or transport contribution and no parking proposed.

 March 2003 – Planning permission refused to remove the roof on each of the blocks and erect a second floor comprising 12 one-bed flats under a pitched roof (revised scheme) and 12 additional parking spaces. The refusal was on the grounds of no recreational contribution,

4 transport contribution and highway safety with main access onto Poole Road.

 August 2003 – Planning permission refused to remove the roof on each of the blocks and erect a second floor to form 8 flats with pitched roof and 13 additional parking spaces. The refusal was on the grounds of lack of car parking and lack of transport contribution and recreational contribution.

 September 2003 – Original application dismissed on appeal on grounds of lack of a financial contribution towards other modes of transport and a recreational contribution.

Current Proposal

Remove existing roof on each block and erect a second floor consisting of two 1xbed and two 2xbed flats (total 8) with new pitched roof over.

REPRESENTATIONS

8 Letters of objection have been received and 1 petition with 12 signatures. The main concerns raised by the residents of both Dorwin Court, Eaglehurst and Lindum Court are:

 Current inadequate parking spaces and highway safety onto Princess Road.  Potential impact on trees  Impact on residential amenities during construction  Over intensification of the use of the site.

Relevant Planning Policy

The following Policies of the Adopted Poole Local Plan (1998) and First Alterations Revised Deposit Plan (November 2001) are relevant:

 BE1 Design Code  H11 – Purpose Built Flats  T13a – Traffic Generated by Development  T14a – Transport Obligations  L21 – Provision for Recreational Facilities

Planning Considerations

The key issues to consider here are whether the application will overcome the previous reasons for refusal.

 The previous appeal was dismissed solely on the grounds that a recreational contribution and a transport contribution had not been received in the form of either full payment or as a obligation or agreement.  The applicants have now confirmed their willingness to complete an agreement securing the necessary contributions..

5  One of the reasons Planning Committee used to refuse the earlier application, was the lack of car parking on the site. The Inspector accepted that the lack of on-site parking would result in additional pressure to the surrounding area, however, given the advice in PPG3 and as long as a transport contribution towards other modes of transport was made, then additional parking was not required.  The Inspector also stated that further parking on the site would not be acceptable since it would ‘cause noise and disturbance’ to the residents of Dorwin Court. The view that the proposed development is unacceptable without additional car parking provision has therefore been tested on appeal and this view was not accepted by the Inspector.  The applicants have addressed and overcome the reasons for which the Inspector dismissed their previous appeal. Having done so, they might reasonably expect to be successful with this current application unless other material considerations or changed circumstances have arisen since that decision was made. There has not been any change to the character or context of the application site nor has there been any change to the relevant policies of the Development Plan or the emerging modifications to it.

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.

Note: If the Section 106 Agreement is not completed within 6 months then the application may be refused without further reference to Committee

RECOMMENDATION Grant subject to a Unilateral Undertaking to secure:

 a contribution towards alternative modes of transport other than the car of £20,000.00 (plus administration fee)

 a recreational contribution of £11,648.00 (plus administration fee)

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 five years beginning with the date of this permission.

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

2 - GN040 (Match Materials to the Existing Building )

6 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 Policy BE1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

3 - 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 T1b of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

4 - Non Standard (Non Standard Condition ) The 'new bollards' shown on the approved plan shall be provided before any of the flats hereby permitted are first occupied and thereafter retained at all times.

Reason - To prevent direct vehicular access between Poole Road and Princess Road which would be to the detriment of the safety and convenience of residents and users and contrary to the provision of Policies H11 and T13A.

Informative Note(s)

1 - 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 Policy L21 contained in the Poole Local Plan.

2 - IN460 - Subject to Highway Contribution This application and permission is subject to a requirement that a capital contribution is made towards different modes of transport in accordance with Policy T14a of the Poole Local Plan.

3 - 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:

7 a) The proposal will not affect the character and amenities of the area - policies BE1 and H11 b) Recreation contribution agreed - policy L21 c) Transportation contribution agreed - policies T13A and T14A.

The applicant has been tested against the Inspectors decision notice of 12.9.03.

8 Item No: W2

Case Officer: Miss C Evans

Site: Unit B, The Fulcrum Business Centre, Broom Road, Poole, Dorset, BH12 4NL

Date Received: 4th November 2003

Agent: Lionel Gregory Ltd Unit 4 The Alpha Centre Upton Road Poole Dorset BH17 7AG

Applicant: P A Burridge & Sons Ltd

Development: Variation of Condition 9 of Planning Permission 7786/54/F dated 19.12.02 to include B8 (Plumber's Merchants Wholesale Warehouse) (revised scheme).

Ward: J 100 Newtown

This application is brought before the Planning Committee due to recent planning history

Site Description

Unit B is located to the south of the site along Broom Road. The unit is at its nearest point six metres from the boundary of the adjoining residential property (No.15 Broom Road). A line of hedges and trees three metres wide and a turning point separates the adjoining property from the site. Bollards prevent access to vehicles from the residential side of Broom Road to the units. Parking for unit B is to the rear.

Planning permission was granted in December 2002 for the erection of 2 2- storey B1 and B2 units with associated parking with access from Broom Road (Ref 7786/054).

Planning permission was refused by the Planning Committee on 23rd October 2003 for the variation of condition to allow B8 (storage and distribution use) at Unit B, Broom Road. Reasons for refusal were that the proposal was contrary to the aims of Policy NE1 of the Poole Local Plan as noise generated would be harmful to neighbouring residential amenity.

Current Proposal

This application is for the variation of condition 9 to previous consent (02/07786/054/F) which states, ‘not withstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 and the General Permitted Development Order 1995, unit B shall be used for Class B1 (business) use

9 only, reason: to protect neighbouring residential amenity in accordance with policy NE1 of the Local Plan.

This application differs to the previous application by being specifically for use for storage and distribution as a Plumbers Merchants.

REPRESENTATIONS

One representation has been received from the Broom Road Residents Association. Primarily concerns are raised over the potential increase in noise and pollution from heavy goods vehicles.

The following Policies of the Adopted Poole Local Plan (1998) and First Alterations Revised Deposit Plan (November 2001) are relevant:

Policy NE1 – Noise and Pollution E9 – Broom Road

The key issue to consider here is whether this current application has overcome the previous reasons for refusal and now complies with policy NE1.

 A condition is in place by virtue of the planning consent for the original building that restricts the hours of operation on Units A and B Monday to Friday between 8am to 6pm, Saturdays between 8am and 1pm and not at anytime on Sundays, Bank and other national Holidays. This ensures that residential amenity is protected and noise cannot be generated at quieter times of the day. This will remain extant.

 This application seeks to address the previous concerns which considered that different types of business could operate within Unit B within Use Class B8 and cause disturbance. The application now ties the use specifically to a Plumber’s Merchants. This may well result in a quieter activity and a level of impact which causes minimal disturbance to neighbouring properties and means that for example refrigeration vans will not visit the site.

 Bollards straddling Broom Road prevent any vehicles accessing the site past the residential properties resulting in no additional traffic to the residential area.

 A condition is recommended to place further bollards within the turning head between No. 15 Broom Road and Unit B to prevent vehicular access adjacent to the residential property.

 A condition is also recommended to protect the hedge and trees that acts as a noise barrier between Unit B and No.15 Broom Road.

10  This application is therefore considered to comply with Policy NE1 of the Poole Local Plan and, with the recommended conditions, will not have an adverse effect on neighbouring residential amenities. It is therefore concluded that the application overcomes the previous reasons for refusal.

Human Rights Act

The objections received, which have been summarised in this report, have been carefully considered and, whilst it is recognised that there may be an interference with these rights and the rights of other third parties, such interference has to be balanced with the like rights of the applicant to develop land and property in the way proposed. In this case it is considered that the protection of the rights and freedoms of the applicant outweigh any possible interference that may result to the neighbouring objector and any other third party.

RECOMMENDATION Grant With Conditions - Recommendation

2 - Non Standard (Non Standard Condition ) Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1995 and the Town and Country Planning (General Permitted Development) Order 1987 or any subesquent re-enactments thereof, Unit B shall only be used for the storage and distribution for a Plumbers Merchants Wholesale Warehouse only, and goods and materials shall not be displayed or sold to the general public, unless otherwise first agreed in writing by the Local Planning Authority.

Reason - To protect the neighbouring residential amenities and in accordance with policy NE1 of the Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

3 - Non Standard (Non Standard Condition ) Prior to the occupation of Unit B, bollards will be erected at the end of the turning spur located between Unit B and No. 15 Broom Road in the positions

11 maked X-X on the approved plans to prevent vehicular access to the car park. The bollards shall be maintained and thereafter retained.

Reason - In the interest of the amenities of adjoining residential properties and in accordance with Policy NE1 of the adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

4 - LS070 (Existing Tree Screen/Hedgerow to be Retained and Reinforced ) The existing natural tree and hedge screening along the boundary of the site between Unit B and No.15 Broom Road shall be retained and reinforced where necessary in accordance with a scheme to be submitted to, and approved in writing by, the Local Planning Authority. Any such reinforcement shall be carried out during the planting season October-March inclusive following the first occupation of the adjacent building and properly maintained for a period of five years including replacement of any plants which die, are removed or become damaged or diseased within this period with plants of a similar size and the same species, unless the Local Planning Authority gives written consent to any variation, and the approved scheme thereafter retained. The Local Planning Authority shall be advised in writing when the planting has been undertaken so that initial compliance with the condition can be checked.

Reason - In the interests of the amenities of neighbouring properties in accordance with Policy NE1 and E9 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

Informative Note(s)

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:

Policies NE1 and E9 - Conditions attached to the consent will ensure that the amenities of adjoining residential properties safeguarded by limiting the use of the premises and reducing additional traffic in the residential part of Broom Road.

12 Item No: E1

Case Officer: Mr D Jobbins

Site: 12 Chaddesley Glen, Poole, Dorset, BH13 7PF

Date Received: 14th October 2003

Agent: Traves-James Architects 235 Holdenhurst Road Bournemouth Dorset BH8 8DD

Applicant: Mr & Mrs James

Development: Demolish existing building and erect part 3-storey, part 4-storey block of 3 flats (2 - 3xbed and 1 - 2xbed) with basement parking.

Ward: F 060 Canford Cliffs

The application is brought to Planning Committee at the request of Councillor R Smith due to possible conflict with Policy BE1 and the history of the site and previous refusals and its proximity to the home of a Councillor

Site Description

This is one of the larger plots in Chaddesley Glen, 26 metres wide, narrowing to 13 metres at the road frontage and 63 metres deep. It is occupied by a large house with its front set 29 metres back into the plot, with a drive sloping down to a basement garage and living accommodation with an entrance at this level, and two storeys above with a steeply pitched roof. To the west are houses of similar three storey height, although lesser width, and to the east is Corfu, a block of 4-5 storey flats. The site is covered by a Tree Preservation Order made in 1999 and is within the Ridges, Slopes and High Land area. The current building is visible from Banks Road seen against a backdrop of trees.

 Permission was refused in 1989 for a three storey block of 5 flats with basement parking. A further application was withdrawn in December 1999.

 Permission was refused in July 2000 and subsequently dismissed on appeal for a three storey building (the second floor being contained within the roofspace) but only owing to the impact of the excessive balconies to the rear.

 Permission was refused in October 2002 for a part 3 part 4 storey block of 3 flats with basement garaging on the grounds of over-development, impact on neighbouring property and Policy L21 of the Local Plan. Permission was refused again in December 2002 for the demolition and erection of a part 3

13 storey, part 4 storey block of 3 flats with underground parking on the grounds of over-development, impact on neighbours and Policy L21 of the PLP 1998.

 Planning permission was refused in July 2003 for the erection of a part three part four storey building accommodating 3 flats on the grounds of the intrusive nature of the development and impact on the amenities of the adjacent block of flats. This refusal is to be the subject of a Public Inquiry to be held in March 2004.

Current Proposal

It is proposed to demolish the existing house and erect a contemporary styled split level part 3 storey, part 4 storey building with semi-basement parking, to provide 3 flats. The proposals have been substantially reduced since the refusal in July 2003.

REPRESENTATIONS

The Head of Transportation Services no objection subject to conditions

Dorset Lake Association object owing to the loss of a fine house, out of character, loss of trees, leading to pressure for other flats and a changed character, loss of amenity to neighbours from the siting of balconies.

Branksome Park Canford Cliffs and District Residents Association object -contrary to the local Plan, support the views of local residents and impact on Corfu and urge refusal of the application

22 letters of objection from local residents to the proposals on the grounds of over-development scale of proposals and harmful impact on the street-scene and the Harbour, precedent, loss of trees, loss of privacy, unacceptable driveway gradients, unstable ground, loss of light to neighbouring properties, perceived dominance on the skyline and additional traffic. . Planning Policy

Policies BE1 (Design), BE3 (“Topography”), NE21 (“Coastal Zone and Shoreline Character”), NE27 (“Tree Preservation Orders”), T17 (“Parking”), L21 (“Recreation Facilities”) and H11 (“Purpose Built Flats”) of the adopted Poole Local Plan (1998) as amended by the First Alteration 2001 apply to this site.

The principal considerations in dealing with this application relate to the impact on the character and appearance of the area, including the wider views from the Harbour, impact on the amenities of adjoining properties, tree preservation, highways and parking issues.

Impact on Character and Appearance of the Area/Harbour

14  The site, whilst not within a flat character area, is covered by Policy H11 of the Poole Local Plan 1998 which states that flats will be permitted provided they comply with a number of criteria. Consequently, the principle of flats is accepted by Policy H11 of the Local Plan. The existing dwelling is of no particular merit and whilst visible from some distance does not dominate or compete with its surroundings. The proposals, whilst of contemporary design, would not introduce an incongruous or dominant form of development and would relate well to their surroundings and the streetscene. As such the development would be in accordance with Policies BE1, BE3, H11 and NE21 and adopted design guidance. The mass and height of the new building would not be unduly visible from the Harbour and would be viewed against a backdrop of mature trees Consequently, in my opinion, the proposals are considered acceptable and comply with the Local Plan.

Impact on Neighbouring Properties

 The design will increase the impact upon adjoining flats at “Corfu” but having regard to the lower levels of the site the development would not be overbearing to the adjacent flats or to the use of the garden area to the immediate rear of the building. Whilst balconies are included as part of the proposals they will be screened and will not directly or materially overlook adjoining properties such that planning permission could reasonably be withheld.

Effect on Trees and Landscaping

 The trees within the site at the front are covered by a Tree Preservation Order and are behind a retaining wall alongside the existing drive. A pedestrian access path is shown on the boundary with “Corfu” which exists at present, and would cut back across the front garden towards the main entrance once clear of the trees. There are beech trees also covered by the Tree Preservation Order within the site of No. 10a and close to the boundary, but these are protected by a retaining wall on the boundary because No. 10a is at a lower level than No. 12. The effect of the lowering of the drive would be offset by a new retaining wall on the north west side of the drive which would extend further west in order to protect the existing ground levels within the canopy of the trees.

Highway Issues/Car Parking

 The basement will provide 5 parking spaces with secure cycle storage and storage. Consequently there is more than adequate car parking proposed to serve the development having regard to the Parking guidelines and the advice in PPG3.

Conclusion

15 The proposal, whilst of a contemporary design would, in my opinion represent an acceptable form of development of the site. The applicant has sufficiently addressed the previous refusal by a significant reduction in the mass of the building which will not cause harm to the occupiers of adjoining properties.

Human Rights Act

Note: If the Section 106 Agreement is not completed within 6 months then the application may be refused without further reference to Committee

RECOMMENDATION Grant subject to a Section 106 Agreement securing:

 a recreational contribution of £2108.00 (plus administration fee).

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 buildings is satisfactory and in accordance with Policy BE1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

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 before the building is first 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 BE1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

16 4 - 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 T17 of the Adopted Poole Local Plan (1998) and T11a of the First Alteration Revised Deposit Plan (November 2001).

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 BE2 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

6 - 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 commencement of use of the flats hereby permitted, and shall thereafter be permanently retained as such.

Reason -

17 In the interests of privacy and amenity of the neighbouring properties and in accordance with Policy BE1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

7 - GN090 (Obscure Glazing of Window(s) ) Both in the first instance and upon all subsequent occasions, the windows coloured blue on the approved plan on the side facing elevations 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 H11 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

Informative Note(s)

1 - 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.

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.

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 - policies BE1, H11, NE21 and BE3 b) Residential Amenity will not be affected adversely - policy H11 c) No protected trees will be affected - policy NE27 d) Recreation contribution agreed - policy L21

18 Item No: E2

Case Officer: Mr S Fox-Adams

Site: 20 Chaddesley Glen, Poole, Dorset, BH13 7PF

Date Received: 12th September 2003

Applicant: Seven Developments Ltd

Development: Demolish existing dwelling and erect 3-storey block of 2 3xbed apartments with integral garage as amended by plans received 26.11.03.

Ward: F 060 Canford Cliffs

This application is brought to the Planning Committee by Councillor R Smith due to the history and background of Chaddesley Glen and proximity to a Councillors home

Site Description

 No. 20 Chaddesley Glen currently comprises a detached two storey dwelling with a first floor balcony which has views towards the harbour to the south-west. The dwelling is linked via an entrance hall to a garage which has living accommodation in the roof.  The property has white rendered walls and a hipped tiled roof.  The site is bounded to the north by no. 22 Chaddesley Glen which is a chalet style house with accommodation in the roof, and Wykeham Lodge to the south, which is a block of purpose built flats. The land rises steeply at the rear of the property, to the rear of gardens at no’s. 10 and 10a Chaddesley Glen.  There are two Holm Oak trees and an Acacia just over the southern boundary of the site in the grounds of Wykeham Lodge. These are protected by a Tree Preservation Order made in 1999. Boundary screening currently comprises a mix of shrubs, hedges, retaining wall and fences.

 The original property was granted consent in 1953 and permission was granted for the addition of a sun lounge and balcony in 1972.  Consent was refused for a two storey garage extension in 1999 but an amended scheme was approved in 2000.  An application for the demolition of the existing building and erection of two detached 3 storey dwellings was withdrawn in September 2003.

19 Current Proposal

 This application seeks consent for the demolition of the existing dwelling and its replacement with a 3 storey block of 2 three bedroom apartments with integral garages.  The design of the proposed apartments is contemporary, with a flat roof and it is proposed to use painted render on the walls. The proposed building has the appearance of two semi-detached dwellings.  The mass and bulk of the proposed apartments has been reduced with the submission of amended plans which the applicant has submitted since the application was first received. The proposals now inset both the first and second floors when viewed from the street which reduces the bulk of the building.  The proposed height of the roof is 18.10 metres, which is 0.52 metres below the ridge of the existing building (currently 18.62m) (These measurements are taken from a 10.0 metre datum). The ridge height of the chalet bungalow at no.22 is 17.25 metres and the roof height on the adjacent part of Wykeham Lodge is 20.42 metres.

REPRESENTATIONS

The Head of Transportation Services - recommends conditions relating to parking and turning provision.

Dorset Lake Residents Association concerns regarding setting a trend of increased numbers of flats in Chaddesley Glen, excavation on the site could lead to instability and the streetscene would be altered by the non- conventional design.

22 letters of objection have been received from residents of 16 local properties on the following grounds:  Increased bulk and footprint will appear overly dominant in street & harbour scene.  The design is harsh, angular and unsympathetic and replaces an attractive property.  The height of the building would cast shade over the neighbouring garden at no.22.  The proposal constitutes over-development of the site.  Excavation is in contravention of Poole Local Plan policy on ridges and slopes.  More flats will further destroy the character of Chaddesley Glen.  Concern over long-term retention of obscure glazing.  Concern over use of roof as terrace & side recesses as balconies which would lead to loss of neighbouring privacy.  The balconies would impose on the privacy of nearby properties and the built in barbeque/chimneys would be anti-social and would lead to smoke pollution.  It will lead to further and dangerous traffic chaos.

20 Planning Policies

Policies BE1 (Design), BE3 (Topography), NE1 (Pollution & Noise), NE21 (Coastal Zone and Shoreline Character), NE27 (Tree Preservation Orders), T17 (Parking), L21 (Recreation Facilities), H1 (Housing Development), H9a (Housing Design) and H11 (Purpose Built Flats) of the adopted Poole Local Plan (1998) as amended by the First Alteration 2001 apply to this site.

The principal considerations in dealing with this application relate to the impact on the character and appearance of the area, including the wider views from the harbour, impact on the amenities of adjoining properties, highways and parking issues.

Impact on Character and Appearance of the Area

 The existing dwelling is of no particular architectural merit and the character of the area is not defined by a predominant architectural style or period. The proposed design is contemporary, and although this has led to some criticism from objectors, it would be an acceptable addition to the streetscene.  The mass of the building would be larger than the building that it would replace (see plans) but the amended design has reduced its bulk and appearance to an acceptable level. This has been assisted by the proposed height of the building being lower than the existing ridge height. Therefore although the replacement building would appear more noticeable than the current building it would be acceptable in the streetscene.  Views of the building would be limited from the harbour and would not be detrimental to the character of Chaddesley Glen/Ridge.  The existing trees between the site and Wykeham Lodge would help to integrate the appearance of the building in the locality.  The development is in accordance with Policies BE1, BE3, H1, H9a, H11 and NE21 and adopted design guidance.

Impact on Neighbouring Properties

 The increased bulk will have an impact on the adjoining property at no.22 but there is a sufficient distance (7.5 metres) between no.22 and the proposed building. Together with this separation distance the insetting of the first and second floors further reduces this impact and the relationship between the two properties is acceptable.  The windows on the north west elevation would not lead to an unacceptable loss of privacy for no. 22 (the second floor window would be obscure glazed) and privacy can be safeguarded by a condition requiring balcony screens.

21  The presence of mature screening and no windows in the elevation of Wykeham Lodge which faces no.20 ensure that the windows in the south east elevation would not impact on neighbouring properties.  Immediately to the rear of the proposed building the land rises steeply and this would be safeguarded by a new retaining wall. Beyond that there are two rear gardens whose privacy would be maintained by obscure glazed windows on the second floor in the north east elevation. There would not be an unacceptable loss of privacy from the first and ground floor windows on this elevation.  To the front there would be balconies at both first and second floor levels. These would not lead to an unacceptable loss of privacy for properties on the other side of the road due to the separation distances between the properties. Furthermore the existing house has a first floor balcony on this elevation.  Objections have been received to the presence of the chimneys on the front elevation. It would be unreasonable to remove these from the scheme given that barbeques could be used on the balconies anyway and Consumer Protection has a role to play if nuisance arises.

Highways Issues/Car Parking

 The properties would have adequate car parking spaces with garages and parking provision to the front. The vehicular access has been amended to provide acceptable visibility splays.

Effect on Trees

 The two mature Holm Oaks and Acacia trees, which are adjacent to the site in the grounds of Wykeham Lodge, are protected by Tree Preservation Order but would be safeguarded by a tree protection zone, which can be secured by condition.  An ornamental holly and palm tree adjacent to no.22 would be lost with the development and suitable replacements can be secured through a landscaping scheme. Their loss would not constitute a reason for refusal.

Land Stability

 The proposal would require approximately 1 metre of excavation at the rear of the site. However this is not contrary to PolicyBE3 and would not warrant refusal of planning permission.

Conclusion  The proposal, whilst of a contemporary design, would in my opinion represent an acceptable form of development of the site that would sit comfortably within the varied street and harbour scene. It would not adversely harm the privacy or amenity of adjoining properties.

22 Human Rights Act

The objections received, which have been summarised in this report, have been carefully considered and, whilst it is recognised that there may be an interference with these rights and the rights of other third parties, such interference has to be balanced with the like rights of the applicant to develop land and property in the way proposed. In this case it is considered that the protection of the rights and freedoms of the applicant outweigh any possible interference that may result to the neighbouring objector and any other third party.

RECOMMENDATION Grant

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 [the use hereby permitted is commenced] [before the building(s) is/are occupied] [in accordance with a timetable agreed in writing with the Local Planning Authority]. 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 H11 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

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.

23 Reason - To ensure that the external appearance of the building(s) is satisfactory and in accordance with Policy H1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

4 - 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 area and the North West balcony of the building hereby permitted 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 BE1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

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.

Reason - In the interests of highway safety and in accordance with Policy T17 of the Adopted Poole Local Plan (1998) and Policy T11a the First Alteration Revised Deposit Plan (November 2001).

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.

24 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 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

7 - 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 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 building, 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 H11 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

8 - GN090 (Obscure Glazing of Window(s) ) Both in the first instance and upon all subsequent occasions, the window(s) coloured orange on the approved plan on the north east elevation(s) 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.

9 - TR030 (Implementation of Details of Arboricultural Method Statement ) All works relating to the demolition/development with implications for trees shall be carried out as specified in the approved arboricultural method statement, and shall be supervised by an arboricultural consultant holding a nationally recognised arboricultural qualification.

Reason - To prevent trees on site from being damaged during construction works and in accordance with Policy NE27 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

Informative Note(s)

25 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 - policies BE1, BE3, NE21, H1, H9a and H11 b) Residential Amenity will not be affected adversely - policies NE1, H1 & H11 c) No protected trees will be affected - policy NE27 d) Recreation contribution agreed - policy L21

26 Item No: C1

Case Officer: Mr D Howells

Site: 35 Denmark Road, Poole, Dorset, BH15 2DE

Application No: 03/31434/009/C

Date Received: 29th September 2003

Agent: Martin J Hanham M.R.T.P.I 7 Wills Close Corfe Mullen Wimborne Dorset BH21 3SR

Development: Temporary Change of Use from Class B1 (Business) to D2 (Assembly & Leisure) for a period of 1 year (Part of first floor only) as amended by plan received 17.11.03.

Ward: C 030 Poole Town

The application is brought before the Planning Committee at the request of Councillor B Wretham because of concerns about alleged breaches of conditions attached to the previous consent

Site Description

 The application site is located on the south side of Denmark Road, close to its junction with Cranes Mews. The character of the area is predominantly residential comprising 2 storey houses, some of which have off-street car parking.

 The site is occupied by a 2 storey flat roof, commercial building (Use Class B1), which has large open plan storage areas on the ground floor with first floor offices at the front and rear of the building.

 August 2003: Temporary change of use (1 year) (31434/008) of the first floor office at the rear of the site to the use as a yoga exercise facility (Use Class D2).

 Previous consents for the use of the first floor offices for education and training purposes (Use Class D1) have lapsed.

Current Proposal

 The applicant is seeking a further 5 year temporary consent for the use of the first floor offices as to a yoga exercise facility (Use Class D2).

27 REPRESENTATIONS

 Representations have been received from two nearby residents and a petition signed by 12 nearby residents. These raised the following concerns: -  inadequate car parking provision to serve this use;  the yoga exercise facility is currently used outside of the authorised hours of operation;  impact on amenities of nearby residents by reason of noise intrusion and vehicle movements; and  the yoga exercise facility should be restricted to daytime activities on Monday to Friday only.

 The Head of Transportation Services has no objection to the continuing use.

 The following policies contained within the Poole Local Plan (1998) and First Alteration Revised Deposit plan (November 2001) are relevant to this application’s determination: -  Policy L12 - Recreation and leisure facilities  Policy NE1 - Noise and Pollution  Policy T13A - Traffic Generated by Development

 There are 5 car parking spaces available on the front forecourt of the building. This is in accordance with adopted standards and is adequate for the proposed use. Furthermore a area within the building has been allocated for secure and sheltered cycle parking, thereby promoting alternative modes of transport. The provision and retention of this facilities can be secured by condition (no.2).

 During the initial 1 year trial period, approved under the previous consent, neither the Council’s Traffic & Parking Engineer or Transportation Enforcement Officer have recorded any complaints from neighbouring occupiers regarding parking problems caused by the users of the yoga exercise facility.

 In respect of the impact upon neighbouring residential amenities, it is appropriate to consider the proposed development within the wider context of neighbouring residential properties. The existing commercial premises benefit from long established light industrial use, with no control over hours of operation and with sub-standard parking/access arrangements for that use.

 Yoga classes are by nature quiet, and the one room which the activity would be restricted would not take a large number of people. The hours of operation would be between 8am to 10pm Monday to Saturday (condition no.5).

28  During the initial 1 year trial period no complaints about the operation of the premises have been recorded by Consumer Protection Services, on the grounds of excessive noise.

 It is therefore considered that the proposed development, operated in accordance with the conditions set out below, will not intrude upon the amenities of nearby residents.

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.

1 - Non Standard (Non Standard Condition ) Notwithstanding the plans submitted, the parking area at the front of the building should remain laid out with 5 car parking spaces and the secure cycle provision within the building, as shown on the approved plans hereby permitted is commenced and shall thereafter be kept available for use at all times.

Reason - In the interests of highway safety and in accordance with Policy T11a as amended by T11b of the Adopted Poole Local Plan (1998) and First Alteration Revised Deposit Local Plan (November 2001).

2 - Non Standard (Non Standard Condition ) Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 and the Town and Country Planning (General Permitted Development) Order 1995 or any subsequent re-enactments thereof, the development hereby approved shall be used for a yoga exercise facility and for no other use purposes whatsoever, including any other purposes in Class D2 of the Town and Country Planning (Use Classes) Order 1987 or any subsequent re-enactment, without formal planning permission first being obtained.

Reason - In order to protect the residential amenities of neigbouring properties and in accordance with Policies NE1 and L12 of the Adopted Poole Local Plan (1998) and First Alteration Revised Deposit Local Plan (November 2001).

3 - Non Standard (Non Standard Condition )

29 The use hereby permitted shall be limited to the period of 1 year from the date of this decision notice. Within one month of the cessation of use, all materials and equipment brought on to the premises in connection with the use shall be removed and the previous use as Class B1 premises restored.

Reason - To enable the Local Planning Authority to further assess the proposals in the light of operational experience with regard to parking/highway issues and in accordance Policy L12 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

4 - Non Standard (Non Standard Condition ) The use hereby approved shall not take place anywhere other than within the room shaded GREEN on the approved plan.

Reason - To protect the residential amenities of neighbouring properties and in accordance with Policy NE1 of the Adopted Poole Local Plan (1998) and First Alteration Revised Deposit Plan (November 2001).

5 - Non Standard (Non Standard Condition ) The D2 use hereby permitted shall not operate otherwise than between the hours of 8 am and 10.00 pm on Mondays to Saturdays inclusive and not at any time on Sundays, Bank or recognised Public Holidays.

Reason - In the interest of the amenities of adjoining and nearby residential properties and in accordance with Policy NE1 of the Adopted Poole Local Plan (1998) and Revised Deposit Plan (November 2001).

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 amenities of nearby residents - policy NE1 b) The proposal results in new public recreation facilities without any detrimental effect upon the surrounding character or transportation issues - policy L12 and T13A.

30 Item No: C2

Case Officer: Mr K Chilvers

Site: Poole Hospital NHS Trust (St Marys Road Site), Longfleet Road, Poole, Dorset,

Application No: 03/16618/020/P

Date Received: 9th July 2003

Agent: Coda Architects Ltd Clifton Heights Triangle West Bristol BS8 1EJ

Applicant: Poole Hospital NHS Trust

Development: Outline application to erect 3-storey maternity, gynaecology and day surgery facilities unit with ground floor parking at St Marys Road with bridge link to 3 an administration training centre in Longfleet Road and high level bridge link over Longfleet Road to main hospital site as amended by letter received 14/08/03.

This application is brought before the Planning Committee because of the scale and significance of the proposed development

Site Description

The application site includes the existing maternity hospital and associated car park which fronts St Mary’s Road, Charles Road and Maple Road; and nos. 85 - 91 Longfleet Road. The site is located in a largely residential area characterised by Victorian terraced houses.

The maternity hospital is a two storey brick building with pitched roofs. To the south east the site adjoins the Harbour Hospital. The existing building is served by a staff car park for 93 vehicles and a pay and display car park for 14 vehicles. The car parking separates the main hospital buildings from one and two storey buildings at the northern edge of the site. Pedestrian and vehicular access is via St Mary’s Road.

85 - 91 Longfleet Road are semi detached residential properties with parking areas at the rear for 30 cars. These properties are currently occupied by hospital staff.

31 Planning History

Over the last decade Poole Hospital has been subject of an extensive refurbishment programme and numerous planning applications relating to the main hospital site on Longfleet Road have been submitted for consideration.

The Poole Hospital NHS Trust have determined that the current Maternity and Neonatal Unit at Poole Hospital does not meet current standards or patients expectations and should be replaced.

1997: Planning Committee resolved to grant outline planning permission (subject to a legal agreement) for the erection of a new maternity hospital in Churchfield Road (4343/57 refers). The legal agreement was not completed and the application was withdrawn following a review by the applicants which concluded that the St Mary’s Hospital site could best meet the Trusts clinical and nursing requirements.

2001: Planning Committee resolved to grant outline planning permission to redevelop the St. Mary’s hospital site, with a new maternity unit with surface and decked car parking accessed off St. Mary’s Road (16618/19 refers). Although the replacement hospital had a larger floor area than the existing (5625m2 compared to 4531m2) it was deemed to have neutral implications for parking because accommodation and clinical facilities were being enhanced rather than intensified. The resolution was subject to a Legal Agreement securing a Travel Plan and a contribution of £10,000 to improve pedestrian, cycling and public transport facilities. The Agreement has not yet been completed.

1974 and 1975: Consent was given for conversion of nos. 89 and 91 Longfleet Road to flats and maisonettes.

Current Proposal

The current application seeks outline planning permission to erect a replacement maternity hospital (9700m2 approx) linked by buildings and bridges to the main hospital site in Longfleet Road. Although detailed floor plans and elevations have been submitted these are for illustrative purposes only and the external appearance, landscaping and bridge design would be considered subsequently as reserved matters.

 The development would bring maternity, gynaecology and neonatal services under one roof.  The existing nursing auxiliary training unit (Newfoundland Centre) is to be incorporated as a training centre although the majority of nurse training would continue at Bournemouth University.

The scheme

 includes similar ancillary office space to that currently provided on site;  would provide improved ancilliary accommodation;

32  proposes the transfer of 18 gynaecology beds from Bournemouth and 23 beds from the Longfleet Road site, and  would result in a net gain of 4 maternity beds and 2 special care cots.

As with the previous outline scheme the main building would be located in the northern half of the existing St Mary’s Road site, an area which is presently occupied by the staff car park and ancillary buildings. A decked car park would be provided on the site of the existing hospital building.

The development would be phased. Once the new maternity building has been constructed, the existing maternity unit would be demolished and a two deck car park erected to provide a total of 147 parking spaces, 32 bicycle racks and 6 motor-cycle bays.

The main access to the site will be from the St Mary’s Road frontage but there would also be pedestrian access from Maple Road.

REPRESENTATIONS

During May the Hospital Trust carried out extensive pre application consultation on their proposals via information leaflets and displays with freepost reply cards as well as publicity in the local press, radio and television. The Trust advise that the consultation responses are generally supportive.

Neighbours:

Eight letters of objection have been received from local residents in which the following concerns are raised:  Inadequate parking would exacerbate the existing on street parking situation,  The proposal would generate more traffic in Charles Road and Heckford Park generally, and closure of St. Mary’s Road would increase car noise, pollution, bottlenecks and road safety problems,  The proposal constitutes over development  The design scale and height of the building is inappropriate and out of character with Victorian town houses,  The buildings would result in loss of light to houses in Charles Road and Maple Road,  The houses will be overlooked by windows and lose all privacy,  The new building is too close to residential properties,  Impact on identity and community spirit of Heckford Park,  Impact on views from and property values of residential properties,  Loss of architecturally rich buildings fronting Longfleet Road,  Demolition of affordable accommodation for public service workers,  Impact of lighting on residential area,  Plant rooms could be a serious source of noise and air pollution,  Building noise, construction traffic and subsequent use of building is inappropriate in residential area,  Concerned that scheme has been amended - external appearance and landscaping should be considered now, and objection is raised to deletion of the additional floor to the Longfleet Road multi storey car park,

33  Object to the principle of bridges over roads, to specific impact on view of Parish Church of St. Mary and impact on privacy from new bridges.

Head of Transportation the applicants have submitted a Transportation Assessment which concludes that:

 the site is situated in a very sustainable location near Poole Town Centre with good bus services passing the hospital,

 the traffic generated by the development will have a negligible impact on the local highway network, and will be similar to that which would have been generated by virtue of the previous scheme.

The proposals have the potential to attract more cars and increased parking facilities would increase traffic in the locality. In the absence of additional parking then it is likely that the on street parking in surrounding roads would be used as short stay parking.

The combination of a reviewed Travel Plan and on-street parking restrictions will minimise on street parking problems and congestion in the locality. The Council has recently agreed a Travel Plan for the existing hospital which seeks to reduce single occupancy staff vehicle movements by 10% by 2008. Amongst other things the existing Travel Plan:

 discourages staff living within 2 miles of the hospital from driving to work;

 provides incentives for staff to use bicycles and public transport;

In terms of parking provision for visitors and patients it is appropriate to secure 50 visitor/patient parking spaces within the car park (this compares to 14 existing spaces and 29 spaces in the previously approved application).

Although the Travel Plan requires the Hospital to carry out measures to reduce staff car use, the specific travel impacts of this proposal should be addressed in any subsequent review of the Travel Plan. A full travel survey after occupation of the new development in association with the rest of the hospital site should be secured and the results and subsequent possible changes in targets, measures and incentives should then be incorporated into the annual review of the Travel Plan.

The bridge link over Longfleet Road will require a clearance in excess of 6m. The St. Mary’s Road link will have a clearance of about 3m but the proposal seeks to prevent vehicular access underneath. An adopted turning area will have to be secured and the bridge structures will have to be licensed by the LHA through Section 177 (Highways Act 1980) and easement granted by the land owner.

In addition to the measures identified in the Travel Plan (the hospital currently utilise park and ride facility from Poole Stadium) a contribution should be secured of £15,000 for schemes in the locality that promote modes of transport other than the car, and £5,000 towards parking restraint measures in the area.

34 During construction of the maternity unit, there will be displacement of staff cars and this will be likely to contribute to on street parking problems in the locality. When considering the previous proposal in October 2001 the Committee resolved that the S106 Agreement should ensure that parking be provided off site during the construction period. The provision of 120 off site parking spaces during the construction of the development should be secured by a Section 106 Agreement.

Wessex Water no objections subject to agreement at detailed design stage of connection to foul sewerage system and water mains. Surface water should not be discharged to foul sewer and the Council should be satisfied with arrangements for the disposal of surface water.

Dorset Police a letter making comments and providing advice on security of parking, lighting, natural surveillance, public access, signage and landscaping has been copied to the Trust and they have confirmed that these issues will be addressed at the detailed design stage.

Relevant Planning Policies

PPG13 Transport provides guidance on how to integrate transport and land use planning. T7 (Transport Obligations), T14 (Traffic generated by Development), T17 (Parking), T25 (Disabled Access) of the Adopted Local Plan

The Transportation Policies have been significantly amended by the First Alteration Deposit Plan. The site now falls within Zone 1 of Policy T11a (Car Parking Zones), and Policies T3a (Access for people with disabilities), T13a (Traffic Generated by Development), and T14a (Planning Obligations) are relevant.

BE1 (Design Code), BE2 (Landscaping), NE1(Pollution and Noise), NE26 (Individual or grouped trees), NE31 (Water Services), CF4 (Poole Hospital) of the Adopted and First Alteration Local Plan.

Whilst the new maternity development almost doubles the floor area of the existing maternity unit much of this arises from the manner in which services will be provided with the intention being to provide better and more individual facilities. As this is an outline application the principle issue is whether or not the siting and scale of the hospital and the proposed access arrangements are acceptable.

The Council has accepted the principle of a modern replacement maternity hospital and decked car park in this location (history refers). It would therefore be inconsistent to reject the current outline proposal on the grounds of its “modernity”.

However, the current scheme provides for a larger building with additional elements and new relationships to the surrounding development. This report

35 focuses in turn on the main differences between the current proposal and the previous outline application.

Relationship of Building to Surrounding Development

 The current scheme would have a similar relationship to the properties in Charles Road.  The current proposal has less of a projection along the St. Mary’s road frontage and the changes to landscaped areas and parking provision along this part of the site are not considered significant in terms of streetscape or amenity impact.  The proposed changes to decked car park and the extension of the building over it would not have a significant detrimental impact on the Harbour Hospital.

The principle difference in terms of relationship of the main building to adjoining properties relates to the Maple Road elevation

 In the previous scheme the building had a three storey elevation to Maple Road approx 31m in length, a gap through which the rear elevation of another part of the building could be viewed, and a screened elevation to the decked car park which had 5.2 metres high stair towers.  The current proposal includes a three storey element along the entire length of the site fronting Maple Road with the building now extending over the decked car park. This additional frontage would be set back from the site boundary and would have a similar relationship to the properties fronting Maple Road as the relationship previously accepted to other properties in Maple Road and Charles Road.

Intensification of Use

 Notwithstanding the fact that this is an outline application the Hospital Trust have indicated that the new building would accommodate a net increase of 44 patient beds compared to the existing maternity hospital. This includes the transfer of 18 gynaecology beds from Bournemouth and 23 beds from the Longfleet Road site. Gynaecological Outpatient services are also to be transferred from Longfleet Road.  Subject to appropriate consideration in the Travel Plan and the contributions and parking requirements outlined in the Legal Agreement, an increase in number of beds and the transfer of outpatient service is unlikely to have a significant impact on traffic and amenity issues in the vicinity of the site.  The Maple Road frontage has a pedestrian access point and would have outpatient facilities on the ground floor. Although this could result in potential for noise and disturbance, these would be operated during normal working hours (generally 8 a.m. to 5 p.m.) and would add interest and vitality to the street.

Replacement of Properties Fronting Longfleet Road

36  Two residential properties are to be lost and two adjacent properties incorporated into the scheme.  These properties are not locally listed and subject to appropriate design and detailing of the replacement building the loss of these buildings is considered acceptable in the street scene.  The new building could provide potential for overlooking nearby residential properties. However specific privacy issues can be addressed at the reserved matter stage when the use of accommodation is finalised and window positions, heights and glazing details could be specified.  The new “connecting building on the Longfleet Road frontage would have a more overbearing relationship to adjoining properties than the current situation but the new building would be set in from the side boundaries and again the impact on adjacent properties could be addressed during the consideration of a reserved matter application.

Bridge Link over Longfleet Road

 No highway objection is raised to a proposed bridge.  The detailed design of the bridge would be considered during a reserved matter application when issues of light spillage and overlooking could be addressed.  Although there is no objection in principle to a bridge, this is a prominent location. The bridge would cross a local distributor road which rises from the town centre to the crest of a hill. The impact of the bridge on views downhill to the town and uphill to the Church is a significant issue which requires careful consideration during a reserved matter application.

Road Closure and Bridge Over St. Mary’s Road

 No highway objection to this element of the application.  The detailed design of the bridge would be considered during a reserved matter application when issues of light spillage and overlooking could be addressed.

Conclusion

Although the replacement building would be significantly larger than the existing building, the Council has previously accepted the principle of such a redevelopment of this site.

The proposed development will undoubtedly have an impact on the character and amenities of the area but it is considered that subject to careful consideration of the detailed design of the buildings and bridges it can be ensured that their appearance adequately reflect their visual prominence, and the new buildings have an appropriate relationship to adjacent homes.

Subject to appropriate measures to control parking and a review of the Hospital Travel Plan it is considered that the additional transport needs generated by the development could be absorbed without significant detriment to the character of the area.

37 Human Rights Act

RECOMMENDATION Grant subject to the applicants entering into a Section 106 Agreement under the town and country planning act 1990 to: i) carry out a travel survey and amend the hospital’s approved travel plan in accordance with initiatives and targets to reduce car use associated with this development; and ii) the provision of 120 off site parking spaces during the construction period; and iii) a contribution of £15,000 (plus administration fee) to improve pedestrian, cycling and public transport facilities; and iv) a contribution of £5,000 (plus administration fee) towards possible waiting restrictions; and v) providing a turning head in St. Mary’s Road.

1 - OL010 (Outline Permission - Submission of Reserved Matters ) No development shall take place until approval of the details of the siting, design and external appearance of the buildings, the means of access thereto and the landscaping of the site (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 three years from the date of this permission and the development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two 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 - OL050 (Phasing Development - Submission of Details Required ) No development shall take place until a scheme for the phasing of the development to be carried out in successive stages, has been submitted to, and approved in writing by, the Local Planning Authority and each stage shall

38 be substantially completed before the next stage of development is commenced.

Reason - To secure the proper development of the site and in accordance with Policies BE1 and NE1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

4 - Non Standard (Sample of materials - submission of details reqd ) Details and samples of all external facing and roofing materials shall be submitted to, and approved in writing by, the Local Planning Authority before any on-site work commences.

Reason - To ensure that the external appearance of the building(s) is satisfactory.

5 - Non Standard (Car park facilities - provision before occupation ) The car parking facilities shown on the deposited plan shall be laid out and provided within 6 months of the occupation of any of the buildings; such parking facilities shall thereafter be permanently retained for staff and visitors using the new building. Locker rooms and shower facilities shall be provided on site of a size and number to be agreed with the Local Planning Authority. The approved facilities shall be provided within 6 months of the occupation of the maternoty unit and shall thereafter be permanently retained

Reason - To ensure provision of adequate off-street parking facilities within the site in accordance with Policies T14, T17 and T23 of the Adopted Local Plan and Policy T14a of the First Alteration Revised Deposit Plan (November 2001).

6 - Non Standard (Non Standard Condition ) Prior to the commencement of building operations, an area of sufficient size to accommodate all building operative's vehicles shall be provided within the site and retained during the whole of the building period, such area to be in a position to be agreed with the Council.

Reason: In the interests of road safety and visual amenities of the area in accordance with Policies BE1, T14 and T17 of the Poole Local Plan and as amended in the Poole Local Plan First Alteration Deposit Plan.

7 - Non Standard (Non Standard Condition ) Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 and the Town and Country Planning (General Permitted Development) Order 1995 or any subsequent revocation or re-enactment, the premises shall solely be used as a hospital and no other uses whatsoever specified in Class C2 of the Use Classes Order.

Reason - In order to ensure a satisfactory relationship with nearby residential properties having due regard to amenity and appropriate levels of car parking in accordance with Policies BE1, NE1, T14 and T17 of the Poole Local Plan and

39 Policies BE1, NE1, T13a, and T14a of the First Alteration Revised Deposit Plan (November 2001).

8 - CL060 (Landscaping to be submitted ) No development shall take place until proposals for the landscaping of the site has been submitted to and approved by the Local Planning Authority. Proposals to include provision for the retention and protection of existing trees and other site features, tree and shrub planting, changes of level, land proposed for adoption and any walling and fencing, all to be shown on a large-scale plan annotated with full details of the scheme. On approval: a) the scheme shall be implemented as a whole with new planting carried out in the planting season October to March inclusive immediately following commencement of the development; b) planting shall take place in accordance with BS 4428, including regard for plant storage and ground conditions at the time of planting; c) the Local Planning Authority shall be advised in writing when planting has been undertaken so that initial compliance with the condition can be confirmed; d) the scheme shall be properly maintained for 5 years including replacement, in the next planting season, of any plants (including those retained as part of the scheme), removed, found damaged, dead or dying, with those of a similar species and size, unless the Local Planning Authority consents to a variation in writing; e) the whole scheme shall be subsequently retained.

Reason - Pursuant to Section 197 of the Town and Country Planning Act 1990 and to protect and enhance the appearance and character of the site and the locality.

9 - Non Standard (Non Standard Condition ) Construction works shall be limited to the following hours: 08:00 to 18:00 Mondays to Fridays; 08:00 to 13:00 on Saturdays and not at any time on Sundays, Bank and other national Public Holidays.

Reason: In the interests of amenity to the locality and nearby residential properties in accordance with Policy NE1 of the Poole Local Plan and as amended in the First Alteration Revised Deposit Plan (November 2001).

10 - Non Standard (Non Standard Condition ) Floodlighting or any means of external lighting of the maternity unit, car park or within the site shall not be installed unless details have previously been agreed in writing by the Local Planning Authority. The installation shall then be implemented precisely in accordance with these agreed details which shall not be varied without express written permission.

Reason: To safeguard the amenities of the area and to minimise the possibility of inconvenience to nearby residents in accordance with Policies BE1 and Ne1 of the Poole Local Plan.

40 Informative Note(s)

1 - IN460 - Subject to Highway Contribution This application and permission is subject to a requirement that a capital contribution is made towards improving pedestrian, cycling and public transport facilities, waiting restrictions and providing a turning head in St Mary’s Road in accordance with the policies contained in the Poole Local Plan.

2 - IN600 - Subject to Green Travel Plan (Highways) This permission is subject to the implementation of a Green Travel Plan in accordance with the policies contained in the Poole Local Plan.

The proposed development has been tested against the policies of the Development Plan and, in the opinion of the Local Planning Authority, is not in conflict with the following policies: a) Policy BE1 - The proposal will not significantly affect the character and amenities of the area b) Adopted Local Plan Policies T7, T14, T17, T25 and First Alteration Deposit Plan Policies T11a, T3a, T13a and T14a - The traffic implications of this development can be addressed by condition and legal agreement. c) Policy NE26 - measures to protect trees and landscaping details will be considered at the reserved matters stage d) Policy NE1 - measures to protect trees and landscaping details will be considered at the reserved matters stage e) Policy NE31 - water supply and drainage matters will be considered at the reserved matters stage f) Policy CF4 - the application proposes redevelopment of exsiting hopsital sites

41 Item No: C3

Case Officer: Mr D Howells

Site: Land rear of 19-23 Birds Hill Road, Poole, Dorset

Date Received: 22nd September 2003

Agent: Mr J M Pittard D.ARCH.RIBA The Old School Chalbury Hill Wimborne Dorset BH21 7EY

Applicant: Mr & Mrs E M Kane

Development: Erect a 3-bed detached house with integral garage to be accessed from Birds Hill Road (revised scheme) as amended by plans received 19.11.03.

The application is brought before the Planning Committee at the request of Councillor B Leverett, due to concerns over the relationship of the proposed dwelling to neighbouring residential properties

Site Description

 The application site is located at the rear of nos. 19-23 Birds Hill Road, and is the last vacant building plot of the Birds Hill Gardens development. The topography of the area falls from north-west to south-east which results in the application site having a falling gradient from front to rear and being slightly higher than the residential plots fronting Birds Hill Road.

 The character of the area is predominantly residential, comprising flats to the north and west, bungalows to the east and 2-storey dwellings to the south.

 1993: outline planning permission granted for a 2-storey dwelling on this site (31405/000).

 2000: outline planning permission given for the erection of a 3-storey block of flats on the site adjacent to the application site (31405/001). As part of that submission, an indicative streetscene along Birds Hill Gardens was submitted showing a 2-storey dwelling on the site of the current application.

 2002: planning permission refused for the erection of 2/3 storey split level dwelling with integral garage (31405/004). The proposals were considered to give rise to unacceptable overlooking and the design was considered dominant.

42 Current Proposal

 The applicants are seeking planning approval for the erection of a 3 bedroom detached dwelling, with integral garage.

 The proposed dwelling has been significantly altered since originally being submitted including the deletion of all rooms within the roof space, alteration to roof form and ridge height and repositioning of the dwelling within the site.

REPRESENTATIONS

 Prior to the submission of the revised drawings, 3 letters of representation from neighbouring occupiers were received, objecting to the proposed development on the grounds of:  loss of privacy to neighbouring amenity areas;  over-development of the site;  over-dominant and over-bearing to the neighbouring bungalows; and  increased traffic movements from Birds Hill Gardens onto Birds Hill Road.

 Following receipt of the amended proposals, further notification of adjacent residents has not resulted in any further representations being received.

 The Head of Transportation Services has no objection to the proposed development.

 Policies BE1, H1 and L21 of the Poole Local Plan (1998) and First Alteration Revised Deposit plan (November 2001).

 While this consent lapsed without having been implemented, the development of a house on the site has previously been approved in principle, subject to the approval of its design and siting.

 Compared to the recently refused scheme, the proposed has been redesigned to remove the 2nd floor accommodation within the roof space; significantly reduce the height and length of the ridge; and reduce the large balcony feature on the front elevation.

 The design of the proposed dwelling is now in character with its surroundings and acceptable in terms that it provides a suitable transition between the height of the 2/3 storey block of flats to the west and the single storey bungalows to the east.

43  Furthermore, the distances of the proposed dwelling from the rear elevations of the neighbouring bungalows fronting Birds Hill Road will ensure that the development is not over bearing to the occupiers.

 While the footprint of the proposed dwelling is larger than originally proposed, the additional accommodation is at the rear, utilising an area of the rear garden which would not benefit from direct sunlight and where it will not materially harm the amenities of adjacent residents.

 The windows on the side elevations should be obscure glazed to preserve the privacy of adjacent residents (Condition No. 3) and permitted development rights to form any further windows including those within the roof space should be removed (Condition No. 5).

 The small first floor balcony will not overlook neighbouring private amenity areas and therefore is considered acceptable.

 The applicants have agreed to pay a financial contribution of £2,260.00 (plus administration fee) towards off-site recreational facilities in accordance with Policy L21 of the Poole Local Plan (1998) and First Alteration Revised Deposit Plan (November 2001).

 The proposed development is considered to overcome the recent reasons for refusal of a 2/3 split level dwelling and to accord with policies within the adopted and emerging development plans.

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 the applicant entering into a Section 106 Agreement to secure £2,260.00 (plus administration fee) towards off-site recreational facilities in accordance with Policy l21 of the Poole Local Plan (1998) and first alteration revised deposit plan (November 2001).

44 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 is satisfactory and in accordance with Policy BE1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

3 - GN090 (Obscure Glazing of Window(s) ) Both in the first instance and upon all subsequent occasions, the windows positioned on the side elevations of the dwelling hereby approved (coloured green 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.

4 - GN020 (Screen Fencing/Walling - Submission of Details Required ) No development shall take place until details and 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 dwelling 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 H1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

5 - GN100 (No Further Windows in the Specified Elevation(s) ) 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, no further windows, velux windows or dormer windows (other than those expressly authorised by this permission) shall be constructed in the either side elevations of the dwelling hereby approved, unless otherwise agreed in writing by the Local Planning Authority.

Reason - To avoid loss of privacy to adjoining properties and in accordance with Policy H1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

45 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 H1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

Informative Note(s)

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 H1 c) Recreation contribution agreed - policy L21

46 Item No: C4

Case Officer: Mr D Evans

Site: Land East & West of Seldown Bridge, (Pitwines Site), Newfoundland Drive, Poole, Dorset, BH15 1TJ

Date Received: 31st July 2003

Agent: Foxley Tagg Planning Limited 37 Rodney Road Cheltenham Gloucestershire GL50 1HX

Applicant: Crest Nicholson Residential (South) Ltd

Development: Carry out engineering works for clearance, remediation and preparation of land.

This application is brought before the Planning Committee because of the nature of the proposals

Site Description

The application site comprises land east of Poole Town Centre historically known as Pitwines. It is enclosed to the south and east by the curve of Newfoundland Drive, to the north by a railway line and is bisected into Pitwines West and the larger Pitwines East by Seldown Bridge. This links Newfoundland Drive with the town centre. The application site comprises some 4.8 hectares and is level other than for the embankment to Seldown Bridge, which increases in height from south to north across the site to bridge the railway line.

The site is within 300m. of Poole Harbour which is a SSSI and is otherwise designated as being internationally important as a natural habitat.

History of Application Site

 Between 1916 and the mid 1960’s the application site, together with the surrounding land, was progressively reclaimed from Parkstone Bay using clinker and other waste from adjacent gasworks. As the land was reclaimed the Pitwines Gasworks expanded eastwards onto the application site and the land now occupied by the open space and homes of Baiter Park.  The gasworks had ceased to operate by the 1980’s when the associated buildings and plant were demolished down to ground level. The site has been unoccupied since then.  2000: Planning application for a mixed-use development on Pitwines West and East comprising a ten-screen cinema, hotel, foodstore, and residential

47 development. This application was approved in principle by the Planning Committee but was withdrawn prior to the completion of the necessary ‘section 106 agreement’ following the acquisition of the application site by Crest Nicholson.  2001: Planning permission granted on Pitwines East for the erection of a foodstore, petrol station and leisure facility (app. no. 30101/5). This consent has not to date been implemented.  2002: Outline planning application submitted for ‘up to 652 dwellings’ on both Pitwines West and East. This application was withdrawn following the acquisition of the application site by Crest Nicholson.  2003: The majority of the site is currently the subject of a planning application for the erection of 532 flats and houses (app. no. 34791/003).

Environmental Statement

A common Environmental Statement supports the application and the separate proposals for the redevelopment of part of the site. This identifies ‘Hydrogeology and Contamination’, ‘soils, Geology and Contamination’ and ‘Traffic and Transport’ amongst the areas of primary environmental importance and ‘Ecology and Nature Conservation’ amongst the secondary. The likely environmental impacts and the proposed mitigation measures identified by the Environmental Statement inform the proposed remediation strategy.

Current Proposals

Investigations to identify the nature and extent of the contamination of the application site arising from its previous use have been undertaken and a remediation strategy has been formulated with the intention of making the site available for redevelopment, including for residential use. It addresses the potential risks to the health of both those who will eventually live on the site and of existing nearby residents. It also addresses the potential risks to the underlying aquifers and to the ecology of Poole Harbour. The remediation strategy is set out in the document ‘Site Preparation and Remediation works – Pitwines Poole’ and forms the basis of this application for the works required to implement the strategy.

The clinker and gravel fill that underlies the site and the remaining concrete floor-slabs and foundations of the gasworks plant and buildings have been identified as containing contaminated water and significant concentrations of tars and other substances typically associated with gasworks. The investigations have demonstrated that the site is not currently having a significant impact on underlying water bearing (aquifer) rock formations and water quality data for Poole Harbour indicate that it currently meets the relevant statutory guidelines. It is nevertheless recognised that the residual tars, liquids and sludges on the site would represent a pollution risk if disturbed and not dealt with in an appropriate manner.

The decontamination phase of the remediation works require the removal of underground structures, concrete slabs and roadways and of contaminated materials that could pose an environmental risk if left in place. These will mainly comprise the residual tars, liquids and sludges contained within the

48 remaining structures and pipework, which will be removed by road to a suitable disposal point. Where contaminated water is also required to be removed this will be filtered and pumped to foul sewers for treatment by Wessex Water at its sewerage treatment works. In the event of the monitoring process identifying concentrations of contaminants that cannot be treated in this manner by Wessex Water, the water will be taken by road to a suitable treatment facility.

It is not considered necessary to excavate and remove the original clinker fill used to reclaim the site from Parkstone Bay. Spoil arising from excavations will be retained on site for re-use, subject to its meeting specific chemical criteria, or treated where possible to enable its re-use. Materials that fail to meet these criteria and cannot be treated to do so will be will be taken by road to a suitable landfill site. A specialist contractor licensed by the Health and Safety Executive will remove any asbestos containing materials identified.

Uncontaminated concrete from the demolished structures will be crushed on- site and the reclaimed materials used in the construction works. This could amount to some 18,000cu.m. of recycled material and will significantly reduce the number of HGV movements generated during the remediation and construction operations.

The proposals incorporate provisions for an independent monitoring regime throughout the works, with results being reported to the Borough of Poole. If unexpected deterioration of ground water quality were recorded, provision is made for further assessments to be undertaken. If noise, odours, dust or vibration levels monitored were to exceed agreed or acceptable thresholds mitigation measures would be required.

Upon the completion of the decontamination phase of the works an engineered capping layer would be formed across the site. This would comprise clean fill above a geotextile membrane.

REPRESENTATIONS

Letters of objection have been received from 12 local residents and from The Society of Poole Men in which the following concerns are expressed:

 Health risks to nearby residents:  Increased lorry movements on adjacent roads would be particularly dangerous to pedestrians, especially children;  Risk of methane explosion;  Asthma sufferers and elderly persons with respiratory problems would be particularly vulnerable to dust blown off the site. Work should only be undertaken during the winter months;  Possible contamination of the drinking water supply;  The remaining underground structures will contain asbestos that will be disturbed and released by the demolition works. Large areas of the town centre, including schools, parks, sheltered accommodation and “up to 1800 homes could be effected by this fallout”

49  Health risks associated with the movement of contaminated materials off the site and with its disposal at the end of its journey  General concerns about the health implications of trying to clean the site:

 Amenity issues:  Disturbance by lorry and other contractors vehicles. Lorry parking should be provided within the site. Vehicles should not be allowed into the Baiter area;  Nuisance caused by dirt and dust ;  Disturbance by noise from demolition works and concrete crushing. Children would be particularly sensitive to such disturbance. The concrete crusher should be operated at furthest location from adjacent homes and only between 08.00hrs. and 17.00hrs.on weekdays;  Damage to property caused by vibration during demolition works:  Concern that the nature, volume and toxicity of the contaminants present are not adequately described and that it is unclear how they are to be dealt with;  Concern about the likely duration of the proposed works.

 Environmental issues:  Demolition of remaining structures could release contaminants into the harbour which would be harmful to shellfish and the tourist economy;  The survey information on which the remediation strategy is based is out of date and therefore inaccurate;  General concern about the wider environmental effects of trying to clean the site:

Other representations received are as follows:

The Head of Transportation Services has no objections subject to conditions requiring the provision of a site compound and vehicle parking for contractors. Access should be off Newfoundland Drive via hardcore roadways to reduce the risk of carrying mud and contaminants onto the highway. A HGV route has been agreed with the Dorset Police. It is recognised that on occasions the estimate of 15 daily HGV movements will be exceeded. Adequate visibility splays should be secured at the access points onto Newfoundland Drive.

The Environment Agency is satisfied that risks to the water environment can be appropriately dealt with and has no objection to the application subject to conditions.

Consumer Protection is satisfied that the scheme of remediation is appropriate and that it would properly protect future users and occupiers of the site from remaining contaminants within the underlying fill materials. It is recognised that the detailed design of the capping layer cannot be completed until the layout and design of the redevelopment of the site has been finalised. Provision should be made for the submission and approval of further details of this phase of the scheme before redevelopment commences ‘Permitted development rights’ should be removed from new development to protect the integrity of the capping layer. Proper provision should also be made to prevent

50 damage to the integrity of the capping layer by utility maintenance and future cable laying.

Wessex Water has noted that a public sewer crosses the site and possibly also private drains or sewers. An appropriate easement for maintenance purposes should be provided adjacent to its equipment and agreement will be required where works will alter the depth of cover of its apparatus. Diversion of the surface water sewer could be carried out at the developers expense.

Network Rail has no objection to the application.

The Health and Safety Executive has indicated that it has no comments to make on the application.

English Nature has no objection to the application subject to conditions.

The Herpetological Conservation Trust objects to the application and is concerned that protected reptiles will not be identified and relocated to prepared receptor sites prior to the works commencing.

Policy Background

Since the publication of the Poole Local Plan (1998) there have been significant changes in the Council’s aspirations for Poole’s Central Area. The emerging policies recognise the opportunity represented by vacant or under utilised land in the central area to meet Poole’s housing requirement, in addition to providing employment, leisure and tourism opportunities.

The adopted Poole Local Plan (1998):  Policy CA7: a mix of uses comprising predominantly B1 employment and commercial leisure/recreational uses with high density residential would be permitted on Pitwines East and West.

The Poole Local Plan First Alteration (Revised Deposit Plan and modifications October 2003):  Policy CA11a: a mixed development of predominantly residential use would be permitted on Pitwines East. Proposals should have ‘regard to the physical and chemical contamination of the site’  Policy CA12a: a mixed use development comprising food retail, a GP surgery and residential would be permitted on Pitwines West.  Also Policies E19 (Contaminated Sites); NE1 (Noise and Pollution); NE14 (Sites of International Importance); NE15 (sites of Special Scientific Interest) and NE20 (Legally Protected Species).

Any redevelopment of Pitwines will require the demolition of the remaining gasworks structures. This could release the contaminants that they contain

51 into the groundwater, to the possible detriment of controlled waters and the ecology of Poole harbour. These contaminants also represent a potential risk to the health of future residents and users of the site. The appropriate remediation of the site is therefore a pre-requisite to its redevelopment. The formulation of a scheme that would ensure that this is done to the higher standards compatible with residential use reflects the emerging policies of the Poole Local Plan. Some elements of the remediation scheme cannot be finalised until the design, layout and composition of the redevelopment is known and the proposals make provision for this. The scheme is therefore intended to be compatible with any subsequent development on the site and its approval would not prejudge the consideration of the current redevelopment proposals.

 Compliance with the submitted scheme would ensure that the proposed works would not give rise to any significant direct risks to the health of nearby residents.  Increased vehicle movement numbers would be experienced on principle routes to and from the site, but vehicles would not need to enter surrounding residential streets. The estimated daily increase in vehicle movements includes approximately 15 two-way HGV trips, which would be along an agreed route.  Adjacent residents will occasionally be subject to noise and vibration, most particularly from the breaking out of existing structures and the crushing of concrete. This is expected to occur only occasionally, to be of limited duration and only to arise when these operations occur at the boundary of the site close to nearby homes. The siting and permitted operating times of mechanical plant and equipment can be controlled by condition to minimise this impact. The major plant used and many of the operations that the scheme gives rise to will also be subject to the licensing or regulatory requirements of other Authorities.  Proposed operational practices such as spraying of water at workfaces and on stockpiles, designated loading areas and sheeting of lorries leaving the site will reduce the risk of contaminants spreading off-site.  The Environment Agency is satisfied that the scheme would allow the remediation of the site without risk to the water environment.  English Nature is satisfied that the proposed strategy for the collection and translocation of any reptiles on the site is appropriate.

The proposals represent an appropriate, comprehensive and proven response to the contamination caused by a former gasworks prior to the redevelopment of its site. The proposals are in accordance with the provisions of the Development Plan, which proposes the redevelopment of the site, in their response to the potential risk to protected natural habitats, the health and amenities of future users of the site and of adjacent residents and the possibility of protected species occupying the site. For these reasons planning permission should be given.

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

52 Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention on Human Rights.

2 - WL030 (Clearance of Protected Species ) The site shall be cleared of all reptiles and amphibians protected under the Wildlife and Countryside Act 1981 in accordance with a scheme which shall have been submitted to the Local Planning Authority and approved in writing prior to any works commencing on site (including the removal of vegetation or the disturbance of topsoil). That scheme shall include details of the phasing, timing and method of the proposed rescue and the relocation of the protected species and full details of the location and, management requirements of the receiving habitat and of any enabling works required to it. Such works shall be subsequently carried out in strict accordance with the agreed details of methodology and programme.

Reason - To ensure the protection and rescue of species protected under the Wildlife and Countryside Act 1981, the Habitats Regulations and the Berne Convention and in accordance with Policy NE20 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

3 - Non Standard (Non Standard Condition ) The works hereby approved shall be: (i) undertaken wholly in accordance with the provisions of the approved document 'Site Preparation and Remediation Works, Pitwines, Poole', unless required otherwise by conditions attached to this consent, and with such addendums to that document as might subsequently be submitted to and approved in writing by the Local Planning Authority. (ii) confirmed as having been implemented and completed wholly in accordance with the approved document before any development of the site permitted by any other planning permission is commenced

If during approved works or during any subsequent development contamination not previously identified is found to be present at the site, then no further development (unless otherwise first agreed in writing by the Local Planning Authority) shall be carried out until the developer has submitted and obtained written approval from the Local Planning Authority for an addendum to the approved document. This addendum to the approved document will detail how this unsuspected contamination shall be dealt with.

53 Reason - To ensure that the approved works are implemented, monitored, completed and verified wholly in accordance with the agreed scheme to protect Controlled Waters, and otherwise in accordance with the provisions of Policies E19, NE20, NE1, NE14, and NE15 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

4 - HW200 (Provision of Visibility Splays ) Before the works hereby permitted are commenced details of visibility splay at each operational access to the application site shall be provided in accordance with a scheme that shall first have been submitted to and approved by the Local Planning Authority. The approved visibility splays 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 T13a of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

5 - Non Standard (Non Standard Condition ) Prior to any works commencing the developer shall agree in writing with the Local Planning Authority : (i) the size, location and surfacing of compounds within the site to accommodate construction plant and vehicles and employee car parking; (ii) the location design and surfacing of designated lorry waiting, loading and unloading areas; (iii) the siting of any static 'concrete crushing' plant; (iiii) the siting and height of any stored materials; (iv) the siting of any water filtration or processing equiptment. (v) detailed specifications and an implimentation timetable for the construction of the first 10m. of any access to the site

Development shall proceed only in accordance with the agreed details for the whole contract period, unless otherwise agreed in writing by the Local Planning Authority.

Reason - In the interests of highway safety and convenience, to protect the amenities of nearby residents and in accordance with the provisions of Policies E19, NE1 and T13a of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

6 - Non Standard (Non Standard Condition ) Other than might first otherwise be agreed in writing by the Local Planning Authority no machinery shall be operated at the site other than between 0800 hrs and 1800hrs. on Mondays to Fridays inclusive, 0800 hrs. and 1300hrs on Saturdays, and not any time on Sundays or recognised Public Holidays, nor shall any Heavy Goods Vehicles enter or leave the site other than between those times.

Reason - To protect the amenities of nearby residential properties and in accordance with the provisions of Policy NE1 of the Adopted Poole Local Plan (1998) and the First Alteration Revised Deposit Plan (November 2001).

Informative Note(s)

1 - Non Standard The applicant is advised that a public foul sewer crosses the application site. To allow proper access for maintenance no building or other structure should be erected within 3 metres of this sewer. Nor should there be any increase in the depth of the overburden without prior approval'

2 - IN100 - 28 Days Notice - Works on Highway 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.

3 - IN620 - Summary of Reasons for Decision Town and Country Planning (General Development Procedure) (Amendment) Order 2003 The proposals have been tested against and are in accordance with the provisions of the Development Plan, which proposes the redevelopment of the site (CA11a and CA12a), in their response to the potential risk to protected natural habitats (Policy NE11), the health and amenities of future users of the site and of adjacent residents (NE1) and the possibility of protected species occupying the site (Policy NE20). The proposals represent an appropriate, comprehensive and proven response to the contamination caused by a former gasworks prior to the redevelopment of its site(Policy E19). For these reasons planning permission should be given.