Recommendation for Grant with CIL Contribution

Recommendation for Grant with CIL Contribution

<p> Appendix 1</p><p>APPLICATION NO. APP/13/01538/F APPLICATION TYPE Full SITE ADDRESS 82 Compton Avenue, Poole, BH14 8PY</p><p>PROPOSALS Demolition of existing dwelling and replacement with one 5 bedroomed house. (Amended plans received 11/02/2014 and 13/02/2014) REGISTERED 23 December, 2013 APPLICANT Mr Lenton AGENT Williams Lester ltd</p><p>WARD Penn Hill</p><p>CASE OFFICER Caroline Palmer</p><p>INTRODUCTION This application is brought before committee at the request of Councillor Parker because of residents' concerns.</p><p>Recommendation for Grant With CIL Contribution</p><p>THE PROPOSAL</p><p>Demolition of existing dwelling and replacement with one 5 bedroomed house. </p><p>MAIN ISSUES</p><p>The principal issues for consideration in this case relate to:  The impact on the character of the area.  The impact on the amenities of neighbouring properties.  The impact on highways.  The impact on trees.  Sustainability issues.</p><p>SITE DESCRIPTION</p><p>The application site is currently occupied by a detached house on a plot of a size and configuration that is typical of the area. The area is residential in nature and predominantly characterised by detached houses set in large plots. The size, style, age and design of the houses in the road vary enormously. In this part of the street scene, the houses are smaller in scale than further along the road. The application site slopes from the front to the rear.</p><p>The neighbouring property at No.84 is set slightly forward of the existing house on the application site. No.84 is a wide, shallow building, stretching across almost the full width of the site, but not projecting very far back into its plot. There is a visually prominent fir tree located within the garden of No.84, adjacent to the boundary with the application site. The house on the other side of the application site at No.80 is set back further into its plot than the house currently at No.82. This house appears to have been extended and has a balcony at first floor level, with an obscure glazed screen erected on the boundary that faces towards No.82.</p><p>RELEVANT PLANNING HISTORY</p><p>None on this site.</p><p>PRE-APPLICATION ADVICE</p><p>October 2013: Proposed demolition of existing dwelling and replace with one 5- bedroomed house. Pre-App advice given regarding changes to the proposal that would be necessary to make the scheme acceptable (PREA/13/00170)</p><p>COMMUNITY CONSULTATION</p><p>None.</p><p>CONSULTATIONS</p><p>Dorset Wildlife Trust -Highlight the requirement for the carrying out of a bat survey. This will be required by condition.</p><p>Natural England - Refer to standing advice.</p><p>The Head of Transportation Services - no objections to the proposals.</p><p>REPRESENTATIONS</p><p>Seven letters received from local residents in relation to the original plans raising concerns including the impact on the character of the area; the impact on protected trees; the impact on the privacy of neighbouring properties; the impact on light to neighbouring properties; possible structural damage and subsidence to neighbouring property due to the excavation of the basement; inaccuracies on the plans; highways issues; bulk, scale, height and width of the proposed dwelling; surface water flooding risks and drainage issues; the restricted size of the plot and its overdevelopment; and the design of the proposed house.</p><p>One letter received from a local resident in relation to the first set of amended plans raising concerns including overdevelopment of the site; impact on light; and parking issues. </p><p>Four letters received from local residents in relation to the second set of amended plans raising concerns including: the lack of a Sustainable Urban Drainage Report; the scale, mass and footprint of the proposed house and the fact that it constitutes overdevelopment of the site; the fact that the proposed house would be dominant and overbearing; the impact on drainage; loss of light and privacy to neighbouring properties; the possibility of subsidence; and the harm to the visual amenities of neighbouring properties. </p><p>PLANNING CONSIDERATIONS</p><p>POLICY AND GUIDANCE</p><p>STRATEGIC CONTEXT</p><p>National Planning Policy Framework (Adopted March 2012)</p><p>LOCAL CONTEXT</p><p>The following policies are listed as applying to this application. </p><p>Poole Core Strategy (Adopted February 2009)</p><p>PCS23 Local Distinctiveness PCS05 Broad Locations for Residential Development PCS31 Sustainable Energy - General PCS32 Sustainable Homes PCS35 Energy And Resources Statements PCS37 The Role of Developer Contributions in Shaping Places</p><p>Poole Site Specific Allocations & Development Management Policies DPD (Adopted April 2012)</p><p>Development Management Policies:</p><p>DM1 Design DM7 Accessibility and Safety DM8 Demand Management DM9 Green Infrastructure and Biodiversity</p><p>PLANNING JUDGEMENT</p><p>The impact on the character of the area</p><p>The application is for the demolition of the existing house on the site and its replacement with a five bedroomed house. The amended plans received on 11th and 13th of February 2014 significantly altered the design of the proposed replacement house, removing the flat roofed element to the front and replacing it with another gable. The second gable to the south, is set back and would appear ancillary to the larger gable to the north. There are other houses with gables in this part of the street scene of Compton Avenue, thereby rendering the revised design more acceptable than the originally proposed flat roofed element. The proposed house would not appear any wider than the existing when viewed from the front. The highest part of the proposed new property would be only marginally higher than the ridge height of the existing. Therefore, in terms of the appearance of the proposed replacement house within the street scene, it is considered that proposed house is acceptable as it preserves the character of the area by virtue of its scale, massing, height and appearance, therefore complying with the provisions of Policy PCS23 of the Poole Core Strategy in this respect.</p><p>The footprint of the replacement house would be larger than that of the existing house and would project deeper into the site, most particularly on the southern side adjacent to No.80. However, the rear of the proposed property would not be as far back as the rear of No.80. Furthermore, the amount of amenity space proposed is considered to be acceptable for a house of this size in this location. As such, it is considered that the proposals respect the setting and character of the site, surrounding area and adjoining buildings by virtue of its siting and amenity space.</p><p>The concerns of the local residents in relation to drainage are noted however, as a replacement dwelling those concerns would not in themselves be sufficient grounds to resist the development. Detailed drainage matters would be dealt with under other regulations. </p><p>The impact on the amenities of neighbouring properties</p><p>The proposed replacement house would be located close to the boundaries with both of the neighbouring properties at Nos. 80 and 84. However, it would be no closer than the existing house. The proposed northern gable would be adjacent to No.84 and would have higher eaves than the existing pitched roof in that location. However, given the fact that this is adjacent to the side door of the neighbouring property and not any primary windows, this is considered to be an acceptable relationship, especially as the roof is pitched away from the neighbouring property. The proposed projection on the southern side of the site would be set back from the boundary with No.84 sufficiently so as not to cause harm to the rear of that property, even though it is would end a significant distance further back from the rear of No.84. In terms of its impact on the occupiers of No.80, the projection to the south would protrude no further back than that house. </p><p>For these reasons and since the overall height of the property would not be significantly higher than that of the existing, the proposed house would not cause material harm to the light or outlook currently enjoyed by the occupiers of either No.80 or No.84 Compton Avenue</p><p>In terms of the impact on the privacy of neighbouring properties, the proposed windows at first floor level on both of the side elevations adjacent to Nos.80 and 84 are shown on the plans as being obscure glazed and this could be secured by condition. Whilst the proposed first-floor terrace to the rear could give rise to some overlooking to the garden areas of both No.80 and No.84, the proposals include 1.8m high privacy screens on both side elevations of the balcony. These could be secured by condition to ensure that there would be no overlooking to the gardens of the neighbouring properties. Subject to these provisions the proposed house would not cause any material harm to the privacy of neighbouring properties.</p><p>For these reasons, the proposal is considered to comply with provisions of Policy DM1 as the physical relationship does not result in overbearing or oppressive development, sunlight and daylight to habitable rooms is maintained and overlooking does not result in the loss of privacy.</p><p>The impact on highways</p><p>The proposed garage would provide a satisfactory single parking space. There is sufficient driveway area to accommodation at least one further parked vehicle. The layout of the driveway would allow vehicles to enter and exit in a forward gear at all times. The parking and turning is therefore acceptable and accords with the Councils Parking SPD.</p><p>In terms of transportation issues the proposal is therefore acceptable.</p><p>The impact on trees</p><p>There is an important tree close to the boundary of the site at No.84 Compton Avenue. The original plans showed the proposed basement level being in close proximity to this tree. The amended plans pull the proposed extension away from the boundary with the neighbouring property and the fir tree. The Council's Arboricultural Officer considers that this would be unlikely to cause material harm to the tree. A condition will be imposed to require an Arboricultural Method Statement to ensure the protection of this tree throughout the construction process.</p><p>Sustainability issues</p><p>The Energy and Resource Statement submitted as part of the application sets out the ways in which the proposed scheme would meet the requirements of Policies PCS31, PCS34 and PCS35 of the Core Strategy. A condition will be imposed to ensure that the proposed house is built to a minimum of Code Level 3 of the Code for Sustainable Homes.</p><p>INFRASTRUCTURE AND DEVELOPER CONTRIBUTIONS</p><p>Mitigation in respect of the impact of the proposed development on recreational facilities, Dorset Heathlands and Poole Harbour Special Protection Areas and strategic transport infrastructure is provided for by the Community Infrastructure Levy (CIL) Charging Schedule adopted by the Council on 18th September 2012. In accordance with CIL Regulation 28 (1) the Adopted Charging Schedule which came into effect in Poole on 2nd January 2013 confirms that all planning applications for residential dwellings are CIL liable development and now required to pay CIL in accordance with the rates set out in the Council’s Charging Schedule. The Borough of Poole’s adopted Regulation 123 List of Infrastructure confirms that the infrastructure projects required to mitigate development’s impact on recreational facilities, Dorset Heathlands and Poole Harbour Special Protection Areas and strategic transport infrastructure will be provided for by CIL instead of (and not in addition to) Planning obligations secured through S106 of the Town and Country Planning Act The proposal therefore accords with Core Strategy Policies PCS15, PCS28, PCS 36 and PCS37, DPD Policies DM9, IN1 and IN2 and Dorset Heathlands SPD.</p><p>FINANCIAL CONSIDERATIONS If this development is granted permission and the dwellings built, the Council will receive £1439 in each of the following six years from the dwellings completion a total of £8634 in government grant under the New Homes Bonus. Based on information supplied with the application, the Council will receive CIL of 166sqm x £150/sqm equating to £24,900. The precise CIL liability in relation to this application will be confirmed in the CIL Regulation 65 Liability Notice.</p><p>Local financial considerations are material to the decision on this application. It is a matter for the decision maker to conclude how much weight should be attach to those considerations The planning merits of the scheme stand alone, and whilst financial considerations are of obvious benefit to the Council, those considerations are not of such significance to outweigh any harm identified. The scheme should be approved in any event, or the scheme should be refused in any event.</p><p>CONCLUSION</p><p>For the reasons given in the Planning Judgement section above, the proposals are considered to comply with the provisions of the relevant policies in the Core Strategy and the Site Specific Allocations & Development Management Policies DPD. </p><p>RECOMMENDATION It is therefore recommended that this application be Granted With CIL Contribution</p><p>1. GN150 (Time Expiry 3 Years (Standard))</p><p>2. GN030 (Sample of Materials)</p><p>3. GN160 (Sustainable Homes - Code Level 3)</p><p>4. HW100 (Parking/Turning Provision)</p><p>5. LS020 (Landscaping Scheme to be Submitted)</p><p>6. LS050 (Hard Landscaping)</p><p>7. TR010 (Arb Method Statement-Submission Required) 8. DR040 (Sustainable Urban Drainage)</p><p>9. AA01 (Non standard Condition) Prior to development commencing, a visual inspection by suitably qualified and experienced persons holding the appropriate, necessary license shall be carried out and the findings reported to the Local Planning Authority for its approval. Where evidence of species protected under the Wildlife and Countryside Act 1981 are concluded details of the timing and method of proposed rescue, protection and relocation of protected species shall be submitted to, and approved in writing by, the Local Planning Authority. Such works shall be subsequently carried out in strict accordance with the agreed details of methodology and programme. </p><p>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 DM7of the Site Specific Allocations and Development Management Policies DPD (Adopted 2012).</p><p>10. HW230 (Permeable surfacing condition)</p><p>11. GN090 (Obscure Glazing of Window(s)) Both in the first instance and upon all subsequent occasions, the windows on the approved plan at first floor level on the side elevations shall be glazed with obscure 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.</p><p>Reason - To protect the amenity and privacy of the adjoining properties and in accordance with Policy DM1(v) of the Site Specific Allocations & Development Management Policies (April 2012).</p><p>12. GN080 (Screening to Balcony)</p><p>13. PL01 (Plans Listing)</p><p>Informative Notes</p><p>1. IN72 (Working with applicants: Approval)</p><p>2. IN74 (Community Infrastructure Levy - Approval)</p>

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