TABLE OF CONTENTSha2.boroughofpoole.com/akspoole/images/att25009.docx · Web viewAPPLICATION TYPE...

Borough of Poole

Planning Committee

List of Planning Applications

19 May, 2016

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BOROUGH OF POOLE

Planning Committee

DATE: 19 May 2016 at 10:30

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 and Regeneration Services before the meeting.

4. Councillors who are interested in the detail of any matter to be considered should consult the files with the relevant officers to avoid queries at the meeting.

5. Any members of the public wishing to make late additional representations should do so in writing or by contacting their Ward Councillors prior to the meeting.

6. Letters of representation referred to in these reports together with any other background papers may be inspected at any time prior to the Meeting and these papers will be available at the Meeting.

7. For the purposes of the Local Government (Access to Information) Act 1985, unless otherwise stated against a particular report, “background papers” in accordance with section 100D will always include the case officer’s written report and any letters or memoranda of representation received (including correspondence from all internal Borough Council Service Units).

8. Councillors are advised that if they wish to refer to specific drawings/plans which are not part of these papers to contact the relevant case officer at least 24 hours before the meeting to ensure these can be made available.

9. Members are advised that, in order to reduce the size of the agenda, where conditions are marked on the plans list as Standard these will no longer be reported in full. The full wording of the condition can be found either in hard copy in the Members rooms, or via the following link on the Loop http://bopwss3/sus/ww/Shared%20Documents/Standard%20Conditions.doc

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TABLE OF CONTENTSPlanning Committee19 May 2016 at 10.30

Not before 10:30 Page01 Canford Magna Golf Club, Knighton Lane,

Wimborne, BH21 3ASAPP/16/00339/Y 4

02 Former HMRC Offices, St Johns House, Serpentine Road, Poole, BH15 2DX

APP/15/01699/F 13

Not before 13:0003 Salterns Harbourside Hotel, 38 Salterns Way,

Poole, BH14 8JRAPP/15/00875/F 25

04 Pilkingtons Tiles Ltd, Blandford Road, Poole, BH15 4AR

APP/15/01138/P 47

05 34 Mayfield Avenue, Poole, BH14 9NY APP/16/00324/F 55

Not before 14:3006 46 Springdale Avenue, Broadstone, BH18 9EU APP/16/00404/F 60

07 41 Wharfdale Road, Poole, BH12 2EE APP/16/00591/F 65

08 309-311 Blandford Road, Poole, BH15 4HP APP/16/00407/F 69

09 8 Winterhayes Close, Poole, BH17 9HP APP/16/00627/F 75

10 20A Upper Golf Links Road, Broadstone, BH18 8BX

APP/16/00534/F 78

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ITEM NO 01APPLICATION NO. APP/16/00339/YAPPLICATION TYPE MineralsSITE ADDRESS Canford Magna Golf Club, Knighton Lane, Wimborne,

BH21 3AS

PROPOSALS Mineral extraction and restoration work and Change of Use from Golf Course to Suitable Alternative Natural Greenspace (SANG) (This application includes an Environmental Impact Assessment)

REGISTERED 29 February, 2016APPLICANT Canford Renewable Energy LtdAGENT Land and Mineral Management

WARD Merley & Bearwood

CONSERVATION AREA Canford Magna

CASE OFFICER James Gilfillan

INTRODUCTIONThis application is brought before committee because of the scale and nature of the proposals.

Recommendation for Grant Section 106

THE PROPOSAL Mineral extraction and restoration work and Change of Use from Golf Course to Suitable Alternative Natural Greenspace (SANG) (This application includes an Environmental Impact Assessment)

MAIN ISSUESThe main issues for consideration in this case relate to the principle of the proposals; the impact on highway safety; residential amenity; the Green belt; appearance of the area; heritage assets; and consideration of flood risk.

SITE DESCRIPTIONThe application site extends across approximately 95 hectares of open land at the north of the Borough. It all falls within the SE Dorset Greenbelt and is occupied by a golf club consisting of two 18-hole courses.

There is little development surrounding the site, but what there is is largely residential and agricultural in scale and design. The western boundary of the site abuts the grounds of Canford School, where the nearest buildings are dormitory blocks. The river Stour runs along the eastern boundary, beyond which is the East Dorset hamlet of Hampreston.

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The site is accessed via a private drive that crosses fields and joins Knighton Lane close to its junction with Magna Road at an existing traffic light controlled junction. A section of the access drive is shared with the Stour Valley Way footpath.

Many of the buildings surrounding the site are recognised for their historic significance to early Poole and are listed buildings. The most notable of which are the Grade I listed main Canford School building; the John of Gaunt's Kitchen; and Nineveh Court. These form the nucleus of the Canford Magna Conservation Area.

There is a complex of buildings at the centre of the site that is used as the club house and maintenance compound, with associated parking, there are also two cottages further north into the golf course, both of which are vacant.

There are trees throughout the site and along the western boundary. These are covered by a variety of group and woodland Tree Preservation Orders.

That part of the site adjacent to the River Stour is subject to fluvial flooding.

RELEVANT PLANNING HISTORYNone

PRE-APPLICATION ADVICEPre-app Ref:15/00217 sought the LPA's Opinion on the Scope of topics to be assessed by an Environmental Impact Assessment to support an application to extract minerals and form a SANG.

The applicant engaged in separate pre-application discussions with the Environment Agency and Natural England to inform the scope; scale; and extent of the proposals.

COMMUNITY CONSULTATIONThe applicant sent letters to local Councillors and 3 local residents associations, explaining their proposals. A flyer that sign-posted a dedicated website was delivered to residents and businesses within 400m of the site and the website recorded a high number of visits for the number of flyers distributed.

Many of the responses received were focussed at other land in the area that had been highlighted for potential development in the high level Issues and Options paper publicised as part of the review of the Core Strategy.

The scheme and phasing program has been adapted in response to discussions with Canford School.

CONSULTATIONSThe Head of Transportation Services: Accepts the existing access arrangements can accommodate the volumes of vehicle movements associated with the development, that measures can be agreed to ensure on site safety for pedestrians using the Stour Valley footpath, that sufficient parking has been identified for the proposed SANG.

The Head of Environmental and Consumer Protection Services: No objection to the creation of the SANG but raises concerns regarding the surety of delivery and details of

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the landscape being provided. Noise and air quality comments to follow.

The Lead Local Flood Risk Authority: No objection but require details to prevent silt and debris entering the existing watercourses.

The Head of Planning Dorset CC: Supports the application for making a positive contribution to the steady supply of River Terrace Sand and Gravel, key mineral resources in the area, without compromising the viability of allocated sites.

Dorset CC Archaeology: Recognises the survey work undertaken in the past and accepts that programme of intrusive survey work would be an acceptable level of assessment. A condition is suggested.

Historic England: No objection to the principle, but object to the lack of 'map regression' assessment of the site and consideration of establishing historic views of Canford School as part of the design and layout of the SANG.

Highways England: Support the scheme for having no significant impact on strategic highway infrastructure.

Ancient Monuments Society: No objection.

Environment Agency: Comments to follow.

REPRESENTATIONSLetters of representation have been received objecting to the loss of Green Belt, the impact of additional vehicle movements along Magna Road on highway safety, capacity and the amenity of local residents, and with pedestrians along the Stour Valley Way. The noise and dust disturbance associated with mineral extraction. Concerns are also raised about the loss a recreational facility, impact on habitats and species and on the River Stour, increased flooding issues on Magna Road, loss of privacy and character from the SANG, the site is not part of the Core Strategy or recent Minerals consultation.

Some representations accept the positive benefits of a publically accesible SANG.

Canford School object to the impact on the amenity of both students and the staff who live in the nearest buildings to the site. They consider that noise and disturbance generated by the mineral extraction would be detrimental to the setting of the school; would result in a loss of amenity and outlook of those residents/students; would harm the quality and operation of the school, its commercial success; and harm the quality of the setting for their historic buildings. The Society of Poole Men object to the loss of Green Belt; the increase in vehicle movements along Magna Road; noise and disturbance to local residents; and loss of views and trees.

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PLANNING CONSIDERATIONS

POLICY AND GUIDANCE

STRATEGIC CONTEXTNational Planning Policy Framework (Adopted March 2012)Dorset Heathlands Framework 2015-2020 SPD

Bournemouth, Dorset and Poole Minerals Strategy 2014SS1 Presumption in favour of Sustainable DevelopmentSS2 Identification of Sites in the Minerals Sites PlanAS1 Provision of Sand and GravelSG1 Mineral SafeguardingRS1 Restoration, Aftercare and Afteruse of Minerals DevelopmentDM1 Key Criteria for Sustainable Minerals DevelopmentDM2 Managing Impacts on AmenityDM3 Managing the Impact on Surface and Ground Water resourcesDM4 Protection and Enhancement of Landscape Character and the CountrysideDM5 Biodiversity and geological interestDM7 The Historic EnvironmentDM8 Transport and Minerals DevelopmentDM9 Extraction and Restoration within airfield safeguarding areas

Bournemouth Dorset and Poole Waste Local Plan 2006Policy 42 Landfilling Inert Waste in Areas not covered by Policy 40 & 41

LOCAL CONTEXTThe following policies are listed as applying to this application.

Poole Core Strategy (2009)PCS15 Access and MovementPCS23 Local DistinctivenessPCS30 Poole's Green BeltPCS34 Flood Risk

Site Specific Allocations & Development Management Policies DPD (2012)DM1 DesignDM2 Heritage AssetsDM7 Accessibility and SafetyDM9 Green Infrastructure and Biodiversity

Heritage Assets SPD 2013Canford Magna Conservation Area 1977

PLANNING JUDGEMENTThe scheme proposes to extract approximately one million tonnes of minerals from the site; back fill with inert materials; and carryout landscape works to create a Suitable Alternative Natural Greenspace (SANG).

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Mineral extraction and backfill.The extraction would occur from the west side of the site, beneath what was 'The Parkland' golf course, and covers an area of 36Ha. The principle of the minerals extraction is accepted by Dorset County Council (DCC) Minerals Planning Team. Whilst the site is not an allocated site in the Minerals Plan, there is acceptance that the site would come forward in a 'windfall' capacity to supplement the identified sites.

Latest Annual Monitoring figures show an increase in the annual rate of take-up of sand and gravel in the last 2-3 years, compared with the proceeding 5-6, if this trend continues the existing landbank would only just maintain a landbank supply of approximately 7 years, the minimum advised by the NPPF. This application would make a positive contribution to 'topping up' the 7 year landbank.

The policies of the Minerals Strategy seek to prevent windfall sites prejudicing the delivery of planned allocated sites. DCC recognise there are allocated sites near to the application site but do not object to the application since it would not sterilise or prejudice those sites.

The site falls within the area of the County that is designated as a 'Mineral Safeguarding Area'. The materials present on this site are river terrace sand and gravel, identified as key mineral resources for the area, as such the area is safeguarded from development that would sterilise removal of the minerals. Once created the SANG would be a permanent feature that would prevent future extraction of the key minerals. It is therefore considered that there is justification for the extraction of the minerals at this time to prevent them becoming sterilised by the proposed use of the land as a SANG.

Mineral extraction is proposed to be split into six distinct phases, with the potential to last approximately five years. Restoration of the phases would follow closely behind extraction, once sufficient fill had been secured and the desired ground levels reached.

Stockpiles of extracted aggregates, processing and washing equipment, site management and welfare facilities would be located in the centre of the site. A new haul road would be formed through the centre of the site, to enter the site compound from the east, rather than using the existing drive that runs along the western boundary. This would reduce the impact on adjoining neighbours of noise and dust generated by the HGV's involved in transporting the materials from the site.

A wheel wash facility would be provided on this new road, which coupled with the distance to the adopted highway would minimise the potential for dirt/dust to be spread beyond the site on to Knighton Lane or Magna Road.

BoP Environmental and Consumer Protection Officers are satisfies that dust generated during extraction could be managed on site with a comprehensive dust suppression system, largely based on water sprays damping down exposed materials.

The first phase of works would be to form a raised landscape bund in the north west corner, close to the boundary with Canford School, in order to minimise the potential for noise and dust to be significantly detrimental to the amenities of the students in dormitory's and resident staff of the nearest buildings. The applicant proposes to carry out this work, in part, during the school holidays to avoid its construction having a significant impact on the amenity of those neighbours.

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The school currently enjoys an attractive outlook and peaceful surroundings. The extraction of minerals would be carried out for a relatively short period of time in respect of the life of the school. Furthermore the provision of the bund would largely screen the extraction process from views, a process that would gradually move away from the common boundary, allowing for greater screening as the proceeding phases are landscaped reducing the potential for disturbance.

The existing golf club access drive has sufficient width and capacity to meet the needs of the minerals extraction phase, as would the existing junction with Knighton Lane and Magna Road. The traffic light management system is self managing and would be capable of balancing the changes in flows caused by the development to ensure maximum efficiency through the junction.

Once on to Magna Road, the vehicle movements associated with this phase of the development would have a negligible increase on the overall vehicle numbers. Furthermore the minerals extracted would be transferred to sites within the local area, that would already be generating vehicle movements associated with the transfer of such materials.

Existing top soils would be used in the restoration phases, reducing sole reliance on imported materials. An area would be set aside for a nursery for plants being transplanted within the site.

The site is within the South East Dorset Green Belt, where inappropriate development is defined as harmful to the character and openness of the Green Belt. Mineral extraction is a form of development considered to be appropriate in the Green Belt and does not conflict with the purpose of including land within it.

There would be an impact on the appearance of the area, though not readily visible from beyond the site. The site can be glimpsed from the north on the A31, across the river Stour, however these would be over a significant distance and would be changing and temporary. The works would be most prominent in views from residential buildings at Canford School. The first phase of works on the site would form a landscape bund infront of those buildings, screening much of the operation from view. With restoration closely following the completion of each extraction phase, the impact on short distance views from the school would be short term and would not significantly or permanently effect the amenity of the occupiers.

Canford School occupies many of the buildings forming Canford Great Park, historically part of the medieval, manorial estate of Canford Magna which is of high historic value and unique to the Borough of Poole. The application site is on land that was within the park, as such there is a potential for features of archaeological interest to be present in the ground. A strategy for intrusive surveys, during topsoil removal and prior to aggregate extraction of each respective phase, has been proposed and the DCC Archaeologist is satisfied with this approach.

The extraction phase would have a detrimental impact on the setting of the historic buildings, however there are mature trees and several modern school buildings in the intervening gap, minimising the potential to view the historic buildings alongside the

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extraction phase of the application site. Where opportunities do exist, such as from the A31 or Magna Road, they are over much greater distances and would only exist for a very short period of time compared with the age of the historic buildings and the evolution of the landscape around them. It is considered that the setting of the historic buildings would not be fundamentally harmed by the short time period of mineral extraction.

Due to the management of the land as a golf course, it does not provide any habitats of nature conservation significance. There are groups of trees and water features that are attractive to important species. Many of these trees would be retained during extraction and thereafter, providing opportunities for species to continue inhabiting the site. The water features would be managed, with species capable of relocation being so, and alternative habitats created in the first phase of SANG creation.

Mineral extraction is proposed to occur in the part of the site that is not subject to flooding and there would therefore be no risk to the extraction process from flooding. The extraction of free draining sand and gravel and its replacement with less permeable, less-predictable, inert fill would nevertheless have an impact on the hydrological characteristics of the site.

The applicant has ready access to the type and volume of inter materials proposed to restore the ground levels of the excavated areas.

The 2006 Waste Local Plan suggests any inert material that can not be re-used should be used to fill strategic mineral voids, which this site is not. However Policy 42 allows alternative sites to be considered where the source of the materials is a considerable distance from the void requiring fill. In this case there are sites close to the west boundary of the Borough that could use these materials.

The emerging replacement Waste Plan proposes policies that support the use of inert materials in the restoration of extraction sites where there is an environmental and amenity benefit, which in this case there would be with the subsequent SANG creation. Whilst that policy and plan does not carry such weight to outweigh the 2006 WLP, it is an appropriate principle and the environmental, economic and social benefits of reusing those materials locally to create environmental and amenity benefits would be within the spirit of the NPPF.

The deposit of materials to fill the void is regulated by the Environment Agency through their permitting regime. This would not ensure there is no contaminated or household refuse deposited ensuring there is no conflict with the wider environment or time delay in delivering the restoration scheme and public access.

A blend of 'Compost Like Output' and the existing topsoils would be used to finish the restoration to the approved levels and create the growing medium for subsequent landscaping.

SANG Creation.Adoption of the Core Strategy in 2009 identified a need to deliver 10,000 new homes across the Borough over the plan period. It is the view of Natural England that the cumulative effect of a net increase of dwellings up to 5km from protected heathland would have a significant effect on Dorset's lowland heathlands that are covered by international

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designations by occupants of these new developments living in close proximity. Mitigation will be required, encompassing measures to divert recreational pressure away from heathland, otherwise there is the prospect that Local Authorities will not be able to grant permission for residential development within 5km of these designated sites.

Provision of SANGs is proposed as one of the key tools in mitigating the adverse impacts on Dorset Heaths and is a cross boundary issue, with each of the SE Dorset authorities securing contributions from development towards mitigation measures. There is evidence that residents from the northern part of the Borough and neighbouring residential areas, travel to Canford Heath to use it for recreational purposes, some of which are harmful to the integrity of those habitats and all of which add to the overall negative pressure on those designated areas. Irrespective of the absence of allocated residential growth in that part of the Borough, the provision of a SANG in the proposed location would make a significant contribution towards diverting existing residents away from Canford Heath.

Delivery of the SANG would be in 2 phases. Phase 1 would replace the existing Riverside golf course and does not involve any prior mineral extraction and it could therefore be prepared and released early in the project timetable. A condition to ensure the public have access to this phase prior to implementation of phase 3 of the mineral extraction is considered to be a reasonable time frame for its preparation. Whilst changing this half of the site from a golf course to a SANG would require engineering works, it would maintain landscape habitats to help support existing species occupying the site.

Part 2 is the restored extraction area on the west side of the site.

The layout and design of the SANG landscape is largely indicative at this time and the applicant has suggested a condition, similar to that used at the Upton Farm SANG, to secure phased submission of details to reflect the time frame over which the SANG creation would occur and adapting the design and layout based on the success or otherwise of earlier phases or changing aspirations for SANG features and best practice.

The illustrative design includes the features identified by the Natural England SANG quality guidelines (2008) as appropriate to create a successful SANG. Whilst minerals are being extracted and as the phase 2 SANG is being delivered there would be temporary arrangements for public access.

Conservation Officers and Historic England have raised concerns that the design and layout of the SANG does not replicate the historic parkland that surrounded the historic buildings at Canford School and therefore does not enhance the setting of those significant heritage assets or mitigate the harm caused by the extraction phase.

The proposed SANG would have no greater impact on the setting of the heritage asset than the existing golf course does and it is unlikely that the style of landscape setting appropriate to a historic parkland would be conducive to providing the features required to make a successful SANG. Due to the relative short term impact of mineral extraction on the setting of the heritage asset, it is not considered that re-creation of a parkland setting is necessary to offset that impact and the SANG is no more detrimental to the historic setting than the golf course laid out infront of the school.

The representation received from Canford School raises concerns regarding the potential

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for members of the public being able to stand on the bund adjacent to the school grounds and see in to bedroom windows of the adjacent dorm block. The applicant has indicated a willingness to restrict access through the planting of plant species and routing of paths to discourage access avoiding this conflict.

The existing access and proposed car parks would adequately meet the needs of visitors to the SANG, cycle storage would be provided.

A variety of habitats and environments would be created, including areas where fluvial flooding would be allowed. However large areas of wetland are not included in the design due to the conflict this would have with attracting flocks of birds directly under Bournemouth airport flight paths.

Little weight is given to representations received objecting to the loss of the golf club as a recreation facility and public open space. As a members golf club, there is no access for the general public and a golf club has a very narrow recreation benefit. The creation of the SANG would open up the entire site for general public access, and allow for a wider variety of recreation. Furthermore it would have a significantly positive benefit of reducing the pressure of recreation activities currently experienced at Canford Heath, enhancing the vitality and integrity of this sensitive habitat and wholly in accordance with the Dorset Heathlands SPD.

INFRASTRUCTURE AND DEVELOPER CONTRIBUTIONSNone.

FINANCIAL CONSIDERATIONS

N/A

CONCLUSIONIn order to prevent the important minerals from being sterilized, it is considered appropriate for their removal to be undertaken prior to the creation of the SANG. Recovering those minerals would not have a significant impact on the viability of allocated mineral sites. Sufficient mitigation measures can be put in place to safeguard the amenities of sensitive receptors around the site and there would be no long term harm to the setting of the heritage assets close to the site. Significant weight can be applied to the creation of a SANG that would have a very positive benefit for the vitality and integrity of the sensitive habitats and species on Canford Heath.

The application is recommended for approval.

RECOMMENDATIONIt is therefore recommended that this application be Granted subject to a Section 106 that would ensure that the SANG is delivered and thereafter maintained in accordance with a maintenance schedule to submitted to and agreed by the LPA and that public access is secured throughout.

Conditions: To follow

Informative Notes: To follow

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ITEM NO 02APPLICATION NO. APP/15/01699/FAPPLICATION TYPE FullSITE ADDRESS Former HMRC Offices, St Johns House, Serpentine

Road, Poole, BH15 2DX

PROPOSALS Demolition of existing and erection of a part 12-storey / part 14-storey block of 203 residential apartments comprising 58no. x studio apartments; 92no. x 1 bedroom apartments; 49no x 2 bedroom apartments; 4no. x 3 bedroom apartments; residents fitness suite; two integral decks of associated parking providing 90 parking spaces and bicycle storage; residents roof garden; three A3 units; and one A1 unit. (Amended plans received 25/04/2016).

REGISTERED 15 December, 2015APPLICANT ESRG Land South East Ltd c/o ESRG Developments

LtdAGENT Tanner & Tilley Planning Ltd

WARD Poole Town

CASE OFFICER Caroline Palmer

INTRODUCTIONThis application is brought before committee due to the significance of the proposed development.


THE PROPOSAL Demolition of existing and erection of a part 12-storey / part 14-storey block of 203 residential apartments comprising 58no. x studio apartments; 92no. x 1 bedroom apartments; 49no x 2 bedroom apartments; 4no. x 3 bedroom apartments; residents fitness suite; two integral decks of associated parking providing 90 parking spaces and bicycle storage; residents roof garden; three A3 units; and one A1 unit. (Amended plans received 25/04/2016). MAIN ISSUES The principal issues for consideration in this case relate to: The principle of the development. Character and appearance. Residential amenities.

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Ecological issues. Highways issues. Flooding. Contamination. Sustainability. SITE DESCRIPTION The site is currently occupied by a four/five-storey office building located in an area consisting predominantly of other office uses, with a multi-storey car park to the north. The railway station lies to the east, Barclays House to the west, and the Dolphin Shopping Centre lies across the main road to the south. The site lies within Flood Zone 1, although part of the site falls within the 2126 Climate Change Flood Zones. RELEVANT PLANNING HISTORY APP/15/00135/PA - Prior Approval for Change of Use of existing office building (Class B1) to form a total of 52 apartments (36no. 1-bed; 16no. 2-bed)- (Class C3)(amended plans received 27/03/2015)Grant of Prior Approval 27/03/2015. PRE-APPLICATION ADVICE PREA/15/00120 - Alterations and additions to the existing office building (Class B1) to form a part 11 storey/part 12 storey block of 199 apartments with associated roof garden, parking spaces, refuse bin store and cycle parking/storagePre-App Response Provided 16/06/2015. COMMUNITY CONSULTATION None. CONSULTATIONS Amended plans: The Head of Transportation Services - supports the scheme subject to conditions and Legal Agreement. Wessex Water - No objection subject to advice given. Dorset Police Crime Prevention Officer - advice given. Network Rail - No objection subject to advice given. Natural England - Objections - can be addressed by the imposition of conditions and Legal Agreement (see Planning Judgement below).

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Original plans: Natural England - Objections - can be addressed by the imposition of conditions and Legal Agreement (see Planning Judgement below). Network Rail - No objection subject to advice given. Society of Poole Men - support the level of car parking in this sustainable location. Environment Agency - Objected to the original plans as the ground floor level was car parking and this was considered to be a 'more vulnerable use' as it was linked to the residential properties. The amended plans show A1 and A3 units at ground floor level, and only the entrance lobby that is related to the residential use. Given the fact that the site has prior approval for residential use at ground floor level, this scheme would be a betterment in relation to flood risk. No comments have been received in relation to the amended plans. Environmental and Consumer Protection Services - The application site is adjacent to a former railway Goods Yard and records indicate the presence of made ground on and off site. It is necessary for potential risk from this contamination to be assessed in light of the proposed use and impacts on future users and the wider environment of Poole. Relevant conditions should therefore be imposed on any consent. Environmental and Consumer Protection Services (Waste Management) - plans need to be amended to show larger bin storage areas in locations that can be accessed by the refuse collection crews. Note: the amended plans address this. REPRESENTATIONS

Adjoining commercial units were notified by letter, press and site notices. Whilst no representations have been received, the following comments should be taken into account.

Councillor Howell commented on the original plans and raised concerns relating to the lack of active frontage at ground floor level and support for a lower level of car parking given the sustainable location of the site. PLANNING CONSIDERATIONS POLICY AND GUIDANCE STRATEGIC CONTEXT National Planning Policy Framework (Adopted March 2012) LOCAL CONTEXT The following policies are listed as applying to this application:

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Poole Core Strategy (2009)PCS05 Broad Locations for Residential DevelopmentPCS06 Affordable HousingPCS10 Revitalising The Town Centre - GeneralPCS15 Access and MovementPCS23 Local DistinctivenessPCS28 Dorset Heaths International DesignationsPCS29 Poole Harbour Spa and Ramsar SitePCS31 Sustainable Energy - GeneralPCS32 Sustainable HomesPCS34 Flood Risk Site Specific Allocations & Development Management Policies DPD (2012)DM1 DesignDM4 Coastal ZoneDM7 Accessibility and SafetyDM8 Demand ManagementDM9 Green Infrastructure and BiodiversitySSA12 The Goods Yard Poole Flood Risk Management Strategy Parking and Highway Layout in New Development SPDPoole Town Centre SPD PLANNING JUDGEMENT Principle of the development The site is located near a gateway location close to the town centre and the railway station, visible from Holes Bay and the Towngate Bridge, as well as from further afield. There is a mixture of development types along Holes Bay Road and around the edge of Holes Bay. The area west of the railway line from the site has seen significant change recently, with the development of the site opposite for a supermarket, flats and recently constructed hotel. The redevelopment of the Goods Yard and railway station was approved at Committee some years ago, and whilst the decision was not released due to the inability to sign the necessary Section 106 Agreement, it remains subject to an adopted Site Specific policy. As such the principle of mixed use residential development on this site is considered appropriate. One strategic objective of the Council is to provide homes to meet the needs of the community via the right mix in terms of tenure, size and type and provide them in sustainable locations. The Poole Core Strategy (2009) recognises that the growing population and smaller household sizes are fuelling significant demand for new housing. The evidence base which supported the Core Strategy identified that the Borough of Poole required 1 and 2 bedroom properties as a priority. The evidence does not distinguish between the types of property (flats or houses), although it is acknowledged that to achieve the densities expected in the town centre area, that a higher percentage of flatted development is likely. Whilst this evidence has been refreshed, this will be taken into account within the Core Strategy review. Any consideration of the proposal must

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follow current policy and evidence. The proposed development offers 203 residential units comprising: 58no. x studio apartments 92no. x 1 bedroom apartments 49no x 2 bedroom apartments 4no. x 3 bedroom apartments The proposed development accords with Policy PCS05 in terms of providing the right type of housing mixture to assist meeting the Council's strategic housing needs for a growing community. The commercial uses proposed at ground floor level would also be appropriate in this location and would be of a size that would be likely to meet local need without detracting from the town centre offer. Character and appearance Given its height, width and scale, the proposed building would be highly visible from Holes Bay, Towngate Bridge and the George roundabout, as well as being glimpsed from further afield. However, these views should be assessed having regard to other adjacent buildings, as well as other policy compliant development. The building has been designed with some articulation in the height, with taller 14 storey elements standing proud and forward of the lower 12-storey elements. The building also has set backs of different depths, which further assist in the breaking up of the mass of the building and allows the vertical elements to stand out. The design, arrangement of the mass of the building and layout delivers a successful tall building. Materials would contribute to this emphasis and success. The proposed footprint would respect the shape of the site. The design, shape, especially the step in heights, and detailing of the building would make an appropriate statement at this town centre gateway site and enhance the appearance of the site and the surrounding area.

There are several large scale buildings around the site, with storey heights ranging between 5 and 12 storeys. The adjacent office block occupied by Barclays Bank dominates the area, with a building height of 45m, and the withdrawn scheme on the Goods Yard to the other side of the site, considered acceptable in 2006, proposed a tower of 11 storeys and other elements of the scheme up to 7 storeys. It is therefore considered that the principle of a tall building is appropriate in this part of the town. This is reflected in the advice given in the recently adopted Poole Town Centre SPD (December 2015). The proposed 14 storey tower would stand at 48m tall, however in any perspective views, the backdrop of Barclays House would remain.

The ground floor of the building would incorporate four commercial units - three A3 units and one A1 unit. These uses and the resultant elevational treatment of the building at ground floor level would ensure that there are active frontages, which would result in an improved public route down Serpentine Road. The scheme also includes improved public realm around the proposed building, especially down the Serpentine Road frontage, providing an element of hard and soft landscaping as well as some outside seating for the commercial units. This would enhance the character of this area, as there are currently no active frontages or landscaping, resulting in the route feeling unsafe and unpleasant.

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In terms of the suitability of this location for residential accommodation, there are houses nearby on Wimborne Road, Longfleet Road and Sterte Road and Esplanade. Due to the location of the site, close to the Town Centre, and the scale of buildings around it, the principle of flats is appropriate. PCS05 prioritises higher density residential schemes in the Town Centre and sites well served by public transport. The application site meets both those criteria and the principle of flats is appropriate. The scheme would engage appropriately with the public realm around it, and improve the attractiveness of public routes around the site. Residential amenities Given the location of the site and the proposed building, it would not give rise to any overbearing, overshadowing or overlooking of other residential properties. Whilst it would be glimpsed from other residential properties it would not result in a loss of outlook due to the distance from those properties. Given their scale and use, the proposed building would have an acceptable relationship with its immediate neighbours - Barclays House and the multi-storey car park. Whilst views from Barclays House would change, this would not be materially harmful. The site is located close to the public open space at Sterte Esplanade, close to Poole Quay and close to the cycle way linking Upton House and the SANG. As such, given the sustainable town centre location, the lack of open space on site would not prejudice the outdoor recreation needs of the residents. In addition, the scheme would provide a roof garden and a gym for use by the residents. Some apartments would also have balconies. Adequate provision is therefore made for the amenities of the future occupiers of the scheme. Ecological issues

Natural England have raised concerns in relation to bird avoidance (birds striking the glass on the building), predators, aerials and masts, nutrients and bird flight paths. The applicant has agreed to address all of these issues through the imposition of relevant conditions and the inclusion of a contribution of £6000 towards a GPS tracking study to secure greater understanding of SPA bird flight paths, to be released to the local bird group on submission of an approved project in the Section 106 Agreement.

Highways issues The parking level for the scheme required by the Borough of Poole's Parking and Highway Layout in New Development SPD, including the 40% Permanently Rented parking figures, would be 128 unallocated spaces. The proposed scheme would only provide 80 spaces and as such there is a shortage of 48 spaces. However, the application proposes a significant car share scheme, which would mitigate the shortfall, particularly given the sustainable location of the site. The applicant has confirmed that the 10 ‘car park sharing spaces’ shown as hatched within the car park would be for use by 10 car share cars. However, it is suggested that 3 of the proposed 10 car share cars should be moved to a nearby ‘onstreet’ location. This scheme would need to be secured by an appropriately

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worded Section 106 agreement. A zero parking level for the commercial units would be acceptable, due to the town centre location of the site, with good availability of public car parks and public transport. Loading for the commercial units and refuse collection would be possible from Serpentine Road, and there is a service layby proposed accordingly. The provision of the layby would result in the loss of on-street parking bays, which would need to be replaced. There would be space for several additional pay and display parking bays to be provided between the lay-by and the junction to the northeast, since the existing access to St Johns house in this location would be made redundant. These works would require a legal agreement to be drawn up to include; the creation of a service layby, relocation of a pay and display machine, alterations to existing street furniture, road markings and traffic regulation order. The kerb radius would be 10m, which would be acceptable. This would need to be secured by a Grampian condition. As the parking would have to be unallocated, there should not be a barrier over the entrance to the car park, as visitors would not be able to access the car park, this should therefore be omitted from the plans. The access to the car park would benefit from having a continuous footway crossing and should have a 2x2m pedestrian visibility splay at the exit, there are currently some shrubs shown on this area, however these details can be agreed by condition. The proposals would include adequate cycle parking provision for residents and would also include sufficient surface cycle stands for visitors and for the commercial units. These should be secured by condition. The Head of Transportation Services therefore supports the scheme subject to conditions and a Section 106 agreement to secure: a car club scheme to provide 10 car club cars, with a minimum of 3 to be provided on street, including details of incentives for residents to use the car club; the creation of a service layby and dedication as highway; relocation of pay and display machine; and alterations to existing street furniture, road markings and traffic regulation order. Flooding The application site is located within Flood zone 1, but within the 2126 Climate Change Flood Zone (Strategic Flood Risk Assessment). The plans show no ground floor residential (habitable) accommodation. The finished first floor level of the residential units would be above the flood resiliency level of 3.51m AOD. There will also be additional means of mitigation through new flood defence work which is identified as required in the SFRA2. Contamination The application site is adjacent to a former railway Goods Yard and records indicate the presence of made ground on and off site. It is necessary for potential risk from this contamination to be assessed in light of the proposed use and impacts on future users

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and the wider environment of Poole. Relevant conditions should therefore be imposed. Sustainability Being a new build, the proposed scheme would be readily possible to deliver an energy efficient and sustainable development. The location of the site would significantly minimise the future occupiers reliance on the private car for travel, the orientation would secure some levels of passive lighting and heating, all of which would contribute to the delivery of a highly sustainable development. INFRASTRUCTURE AND DEVELOPER CONTRIBUTIONS 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. In addition, a new planning contribution also came into effect 8th April 2015. The site is beyond 400 metres of Heathland SSSI, but within 5km and as such, the proposal additional net increase in dwellings may be acceptable subject to appropriate mitigation of impact upon heathlands. The contribution will be taken from all qualifying residential development to fund Strategic Access Management and Monitoring as part of the Dorset Heathland Planning Framework, the overarching strategy for managing the adverse effects of development upon the internationally important Dorset Heathlands. The charge is based on the cost of delivering SAMM in Poole and is £242 per additional flat + admin fee. This proposal requires such a contribution and would be payable either through a Unilateral Undertaking or Section 111 agreement. This will be secured by the Section 106 Agreement. FINANCIAL CONSIDERATIONS If this development is granted permission and the dwellings built, the Council will receive £292,117.00 in each of the following six years from the dwellings completion a total of £1,752,702.00 in government grant under the New Homes Bonus. This application currently falls into CIL Zone B which at present has a CIL chargeable rate of £100 per square metre of chargeable residential floorspace. The chargeable residential floorspace for this development will be calculated against this rate and indexed against the BCIS All-in Tender Price Index. The precise CIL liability in relation to this application will be confirmed in the CIL Regulation 65 Liability Notice which will be issued as soon as

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practicable after the day on which a planning permission first permits development.

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.

In addition, the updated viability assessment submitted with the application is being considered. No conclusion has yet been reached, although preliminary findings indicate that some level of affordable housing contribution may be expected. Any affordable housing contribution would be secured by a S106 Legal Agreement and reported verbally to Committee. CONCLUSION

The proposal seeks to accommodate a building of significant scale and numbers. Given its Town Centre location, high density development is encouraged provided that the scale of the resultant building reflects both existing and emerging development, and providing the impact of the development can be mitigated.

The lower car parking numbers can be suitably mitigated by the creation of a car club.

The creation of commercial units at ground floor create an active frontage to Serpentine Road.

The design and layout, as amended, reinforces the creation of a tall building, which is not compromised by the remaining development at a lower scale.

Whilst of a scale that will be noticeable from a number of vantage points, these will be dominated by existing townscape, such as Barclays House, with the new proposal adding to the townscape and not undermining it.

RECOMMENDATIONIt is therefore recommended that this application be Grant Section 106 subject to the following:

Conditions

1. GN150 (Time Expiry 3 Years (Standard))

2. GN030 (Sample of Materials)

3. GN162 (Renewable Energy - Residential) (20%)

4. LS020 (Landscaping Scheme to be Submitted)

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5. NP090 (Contaminated Land)Unless otherwise agreed by the Local Planning Authority, development shall not commence until points 1-4 have been complied with as necessary:

1/ Site CharacterisationAn investigation and risk assessment must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site in relation to the intended use of the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority.

2/ Submission of Remediation SchemeIf site characterisation identifies the need for remediation, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and controlled waters must be prepared, and is subject to the approval in writing of the local Planning Authority. The scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation

3/ Implementation of approved remediation schemeThe approved remediation scheme must be carried out in accordance with its terms prior to the commencement unless otherwise agreed in writing by the Local Planning Authority. Following completion of the approved scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced and is subject to the approval in writing of the Local Planning Authority

4/ Reporting of Unexpected ContaminationIn the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of point 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of point 2, which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the local planning authority in accordance with point 3.

Reason: To identify unacceptable risks to human health and other sensitive receptors and ensure the remediation of the site is to an appropriate standard and in accordance with Policy DM1 (v) of the Site Specific Allocations & Development Management Policies (April 2012) and guidance given in Section 11 - Conserving and enhancing the natural environment in the National Planning Policy Framework (March 2012).

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6. HW100 (Parking/Turning Provision)

7. AA01 (Non standard Condition)Prior to the commencement of development, details of 2m x 2m pedestrian visibility splays to be installed to the sides of the approved vehicle access shall be submitted to and approved in writing by the Local Planning Authority. Subsequently and before the development hereby permitted is brought into use and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 or any subsequent re-enactment thereof the agreed pedestrian visibility splays shall be fully installed and shall be cleared of all obstructions over 0.6 metres above the level of the adjoining highway, 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 the approved plan and Policy PCS15 of the Poole Core Strategy (February 2009), and DM7 and DM8 of the Site Specific Allocations & Development Management DPD Policies (April 2012).

8. AA01 (Non standard Condition)Concurrently with the construction of the development hereby permitted, the first 4.5 metres of the access crossing, measured from the near side edge of the carriageway, shall be laid out, constructed, hardened and surfaced, in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority, which should include provision of a continuous footway crossing.

Reason: In the interests of highway safety in accordance with PCS15 of the Poole Core Strategy (2009), and DM7 and DM8 of the Site Specific Allocations and Development Management Policies DPD (2012).

9. AA01 (Non standard Condition)A scheme to close the existing vehicle access (which is to be made redundant) shall be submitted to and approved in writing with the Local Planning Authority. The scheme shall include provision to raise the existing lowered kerbs, and reinstate the footway to the existing access and shall comply with the standards adopted by the Local Highway Authority. All works shall be completed in accordance with the approved scheme prior to first occupation/use of the development.


10. AA01 (Non standard Condition)A scheme to alter the junction radii of the south side of the highway junction of Serpentine Way to the northeast of the site shall be submitted to and approved in writing with the Local Planning Authority. The scheme shall include provision to raise the existing lowered kerbs, and reinstate the footway to the

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existing access and shall comply with the standards adopted by the Local Highway Authority. All works shall be completed in accordance with the approved scheme prior to first occupation/use of the development.


11. RC060 (Limitation on Use)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 commercial units at ground floor level shall only be used for A1 or A3 purposes, without formal planning permission first being obtained.

Reason -To ensure the vitality and viability of the scheme and to respect the character of the area in accordance with Policy PCS23 of the Poole Core Strategy (February 2009).

12. NP080 (Fume Extraction Equipment) (A3 units)

13. GN120 (Storage of Refuse)

14. PL01 (Plans Listing)

Informative Notes

1. IN72 (Working with applicants: Approval)

2. IN74 (Community Infrastructure Levy - Approval)

3. IN81 (SAMM Approval)

4. IN12 (Kerb Crossing to be Raised)

5. IN13 (Kerb Crossing to be Lowered)

6. IN43 (Section 106 Agreement)

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ITEM NO 03APPLICATION NO. APP/15/00875/FAPPLICATION TYPE FullSITE ADDRESS Salterns Harbourside Hotel, 38 Salterns Way, Poole,

BH14 8JR

PROPOSALS Demolition of the existing buildings and the erection of 2 multi-storey mixed use developments containing 73 residential units, a 60 bedroom hotel as well as restaurants, offices and marina service facilities. Construction of a new quay wall around the development, and raising of sea defences to 3.6 m OAD.

REGISTERED 6 July, 2015APPLICANT Salterns Marina LtdAGENT Pure Town Planning

WARD Canford Cliffs

CASE OFFICER Clare Spiller

INTRODUCTIONThis application is brought before committee due to the scale and nature of the proposals.

Recommendation for Grant With CIL Contribution

THE PROPOSALDemolition of the existing buildings and the erection of 2 multi-storey mixed use developments containing 73 residential units, a 60 bedroom hotel as well as restaurants, offices and marina service facilities. Construction of a new quay wall around the development, and raising of sea defences to 3.6m AOD.

The proposal includes a 7 storey building (Block B) accommodating a 60-bedroom hotel with marina changing rooms and shower facilities, a bar (birth holders), 6 x commercial units (showroom/office) at ground floor level; treatment rooms, swimming pools, a gymnasium and changing facilities at lower ground floor level; and 24 residential flats (4 x 1 bed; 9 x 2 bed flats; 10 x 3 bed flats and 1 x 4 bed), and a restaurant and function room on the top floor, which will be sited at the end of the marina. There will be basement parking provided which includes a number of double stacked spaces for the hotel, residential and public use, with surface parking. Parking is provided for 226 cars.

The proposed building on the site of the Salterns Hotel (Block A) will accommodate 4 x 1 bed flats, 10 x 2 bed flats, 16 x no.3 bed flats, 1 x 4 bed flat, 12 x 2 bed duplex's, 2 x 3 bed duplex's, and 2 x 2.5 bed flats.

The proposal also incorporates the raising of the site, and constructing a new quay wall (to the inside of the existing) on the south and south east side of the site.

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MAIN ISSUESThe principal issues for consideration in this case relate to:-

Flood Risk, Sequential and Exceptions Test. The use of the site and whether the proposal provides an enhanced tourism offer. Impact of the proposal including the change in levels across the site on the character

and appearance of the area and the harbour, the wider landscape, shoreline character, SSSI, SPA and harbour habitats.

Impact on residential amenity Impact on highway safety, parking, access and intensification of traffic. Impact on Biodiversity and proposed enhancements Contaminated Land Affordable Housing SITE DESCRIPTIONThe site is located on a narrow peninsula bounded to the south by the marina and to the north by a ribbon of flatted blocks (Blocks A, B & C) and terraced housing. Despite the presence of this residential development, the area has a commercial character as a result of the various boat-related activities.

The site is highly visible from the harbour and the foreshore.

The existing hotel is three storeys in height and is located on a triangular plot that juts out into the marina at the northern end. The hotel building has had various ad-hoc additions and alterations over the years and these now dominate and dwarf the original building. The hotel is not designated as a Heritage Asset nor is the area designated as Conservation Area. There are a number of windows, mostly to bedrooms, on the side elevation of the hotel which face onto the flatted block (block A).

The existing flats to the north west dominate the location of the existing hotel, and diminish its visual presence in the streetscene and when viewed from the harbour and foreshore.

The general character of the area has a coarse grain due to the large gaps between buildings, but the flatted blocks follow a regular building line. Building footprints are generally large and the spaces between buildings are in use as parking courts which gives the area a very open feel.

The two storey building at the peninsular end is occupied by marina based uses.

The residential development and other buildings around the site and along Salterns Way are for the most part contemporary and display various architectural styles such that there is no single prevailing architectural style in the area. There are existing large areas of parking in the north and south part of the site.

There is a single storey building (jet ski showroom) which sits close to the turning circle at the end of Salterns Way which fronts the access road.

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There is an existing boat lift located at the northern end of the site.

The application site is adjacent to the Poole Harbour Site of Special Scientific Interest (SSSI) which is part of the Poole Harbour Special Protection Area (SPA) and is a wetland of international importance under the Ramsar Convention (Ramsar Site). The boundary of this SPA lies beyond the pontoons to the south east of the application site. The boundary of the SPA is currently subject to review. A consultation document, produced by DRFRA, proposes to alter the boundary of the SPA to include the area currently excluded and therefore bring the SPA to the application site boundary.

The site falls within the Environment Agency's Flood Zone 3, which includes areas which, setting aside the effect of flood defences, have a 0.5% or greater annual probability of tidal flooding ('1 in 200 years').

The site and its surroundings comprise an area where there was some reclamation of land and use as docks prior to the development of the existing buildings. Consequently there is potential for the site to be contaminated.

RELEVANT PLANNING HISTORYDEC 2014- Outline Application for demolition of the existing hotel and showroom buildings and erection of a 22 suite hotel and conference facility with a gymnasium, spa and restaurants and revised access and parking layout was approved. (APP/14/00865/P)

PRE-APPLICATION ADVICE2015- The applicant entered into pre application advice with the Council to establish the principles of the proposed development. The advice given by the Urban Design Officer was that the height of block B, if 3 storeys in height, would have no impact upon Poole Harbour.

COMMUNITY CONSULTATIONPrior to submission of the planning application, the applicant carried out pre application consultation with the local residents. This was in the form of 2 x public consultation events on 13th May between 2pm and 4pm and 28th May between 5pm and 7pm at the Haven Hotel.

When the application was received, consultation was undertaken and the application was advertised in the press, site notices erected and occupants of adjoining buildings were notified of the application.

CONSULTATIONS

Dorset Wildlife Trust: Main concern is potential issues with light pollution on the surrounding area relating primarily to birds. Defer to Natural England on any potential impacts on or required mitigation for this site.

Natural England: Support.Given bird sensitivities the proposed construction will need to be timed and undertaken in a suitable way to minimise disturbance to over wintering and nesting birds, therefore appropriate conditions should be attached.

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No public access to the mud flats as a condition and interpretation board. This will need to be an informative note

RSPB: Object to the application.Despite Natural Englands support of the proposal, insufficient information has been presented on the likely implications for internationally important wildlife sites comprising Poole Harbour SPA/Ramsar site and the Dorset Heathlands SPA, Dorset Heath SAC and Dorset Heathlands Ramsar site. The applicant should submit further information detailing their assessment of environmental issues and presenting their avoidance and mitigation proposals, referring to pertinent policy mechanisms.

Environment Agency: No objection to the proposed finished floor levels of the building or crest level to basement parking. Conditions to be attached to secure finished floor levels and implement flood resistant/resilience measures.

The LPA should be happy that the proposal passes the sequential test.

Wessex Water: The addition of predicted development flows from the proposed development site will generate major works at the pumping station and the likely replacement of the rising main which pumps the existing foul flows to the existing gravity sewer at the junction of Salterns Way and Lagoon Road. The developer will be expected to contribute to the cost of these works. Therefore a condition relating to details for foul water discharge should be attached.

Dorset Police: No objectionBlock A- Intruders should not be given easy access into the building. No detail of how underground parking will be secured, cycle stores don't appear to be closed off securely.Block B- Hotel reception has no barrier to prevent someone through front door and into lift, unless reception is staffed all times.What is the barrier between public and private parking in the underground car park.General comments on crime reduction.

Marine Management Organisation (MMO): No objection.It appears that the works will be undertaken above mean high water springs and therefore outside of the marine licensing area. Ancillary works associated with the project such as scaffolding may require a marine licence, if located below mean high water springs.

INTERNAL REPRESENTATIONS

Head of TourismSupport the proposal as it will provide additional hotel rooms along the shores of one of the town’s primary tourism assets (Poole Harbour). If permission granted the hotel development should be delivered straight away and not at a later date if there is a phasing of the development.

BoP - Rights of Way OfficerSupport the proposal.

Environmental and Consumer Protection Services

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Support the proposal subject to Contaminated Land condition

Head of TransportationSupport the proposal subject to conditions.

SUDS- TransportationSupport the proposal subject to conditions.If the surface water is to be discharged directly into the harbour they will not require SUDs. This is in accordance with the guidance on sustainable drainage

They still need to meet some other requirement s i.e design standard of 1:30 storm for the whole site and 1:100 storm for the building including any basements pumping station or sub station etc. which can be dealt with by condition.

REPRESENTATIONSThe application was advertised in the local press, site notices were posted and neighbouring residential properties were notified of the application and of subsequent amendments to the application. Over 100 households have made representations on the application and the amended plans in which the following concerns are raised:

Parking and accessInadequate access and parking for the proposed development Significant and unacceptable increase in traffic congestion for Salterns Way. Lilliput and surrounding area due to inadequate traffic flow, access and insufficient parking provision.Car lifts take too long and therefore will not get used as expectedNoise, pollution and volume of cars coming past Blocks A, B and C Salterns Point is unacceptable.Access along an already congested Salterns Way would be dangerousThere are regular deliveries of boats to the marina which cause congestion and traffic jams How will the bridle way be protected from the significant increase in vehicular movements.The Transport Assessment is flawed.The section of road proposed for widening does not fall within the red line of the application and therefore can not form any part of a condition.

Impact on character to area and amenityBlock B extends well into Poole Harbour, its size and scale will have a major adverse impact on the views right across the harbour.Block A is an extra storey to the approved replacement 5 storey building- the height is an additional 1.88m to the original plans submitted for the hotel application.Overdevelopment of the site as will be over dominant and overbearingEncroachment into the harbourHeights of building break the tree line when viewed from a vessel in the harbourNo greenery

As original comments to hotel scheme (APP/14/00865)Original sunlight/daylight report has been submitted this does not take into account the increase in the height of the building (Block A). Therefore the increase in the building height 1.88m is significant and harmful to light levels.

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Height and massing will be detrimental to the visual appearance of the shorelineBlock A will overlook and overshadow the existing flats at Salterns given the scale of the development and its proximity to the existing flats.Overdevelopment of the site as will be over dominant and overbearing

OtherApplication makes no reference to SSSI and Ramsar or Special Protection Area adjacent and states that there will be no adverse consequences on biodiversity. Population of bird species depend on adjacent sites for food and shelter. The construction of the development will affect them.Sewerage system is too old to take on any more waste from additional propertiesThe hotel element has been designed more like serviced apartments than a hotel.Proposed scheme would not provide an economic environment for marine businesses to flourishThe site will be contaminated as it was previously used for industrial purposesThe FRA does not refer to current flooding problems that exist. Proposals to go underground will have serious effect on structure of existing buildings in the areaIncrease in noise and disturbance detrimental to the wildlife on the Lagoon which is a protected zone.Chandlery and boat sales would loose their livelihoods if approvedAdditional noise and traffic from late night reveller's is a concern in a residential roadWere not consulted of the applicants consultation exercise or exhibition in MayIf approved a condition should be added to ensure that the hotel is constructed prior to demolishing the existing hotel


POLICY AND GUIDANCE

STRATEGIC CONTEXT

National Planning Policy Framework (Adopted March 2012)

Planning Practice Guidance (PPG)

Development and Flood Riak Practice Guide to PPS25 Flooding (Dec 2009)

Poole Harbour SPA: Proposal to extend the SPA marine site (Consultation Paper) by Dept. for Environment, Food & Rural Affairs (21 Jan 2016)

LOCAL CONTEXT

The following policies are listed as applying to this application.

Poole Core Strategy (Adopted February 2009)

PCS15 Access and MovementPCS23 Local DistinctivenessPCS28 Dorset Heaths International Designations

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PCS29 Poole Harbour Spa and Ramsar SitePCS33 Environmental Performance Of Commercial BuildingsPCS34 Flood RiskPCS06 Affordable HousingPCS26 Delivering Locally Distinctive, Self-Reliant Places

Supplementary Planning Guidance

SPG3 Shoreline Character AreasSPG4 Affordable Housing

Supplementary Planning Document

SPD1 Parking & Highway Layout in Development

Poole Site Specific Allocations & Development Management Policies DPD (Adopted April 2012)

Development Management Policies:DM1 DesignDM4 Coastal ZoneDM5 Tourism and the Evening EconomyDM7 Accessibility and SafetyDM9 Green Infrastructure and Biodiversity

PLANNING JUDGEMENTUse of siteThe proposal for a 60 bed hotel includes an enhanced tourism offer to the exiting hotel and also to the extant outline approval by providing additional hotel rooms along the shores of one of the towns primary tourism assets (Poole Harbour) and is supported by the Head of Tourism.

Whilst extant consent exists for a replacement hotel on the site of the existing hotel the principle of replacing this hotel at the Peninsular End would further enhance its tourism value and it supported. The use of the remainder of land for residential purposes is supported, subject to satisfying the 'sequential test' and it's scale and dominance.

This proposal should be considered in 3 distinct phases:- Replacement Quay wall and raising levels to form flood protection. Erection of a replacement hotel. Erection of new flatted development.

Replacement quay wall and raising levels to form flood protectionThe proposal incorporates a new quay wall which will be constructed using piles which will be drilled into the interior of the existing quay wall. The proposed ground levels on top of the quay wall will either by 3.6m AOD or have a quay wall raising up to 3.6m AOD with the ground levels behind lower. The height at 3.6m AOD is the height required to mitigate against flooding into the site. This will mean that where levels of the site remain as existing (approx. 1.35m) the quay wall will prevent views out into the harbour, and will change the outlook from the car park. Where the levels of the site are raised mainly

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around the proposed buildings the boundary treatment to the harbour wall can be 'lighter in its appearance' so that there will be views out to the harbour. No details of this boundary treatment have been submitted but this can adequately be dealt with by condition.

The change in outlook as a result of the need to provide a quay wall to 3.60m AOD to make the scheme flood resistance, needs to be finely balanced. In particular, any re-development of the existing hotel would not require raising the sea wall, but without this the re-development would be likely to have a high risk of flood which would undermine the long term tourism benefit.

The proposed replacement quay wall (flood defence) materials are Portland stone.

Flood RiskThe proposal includes residential flats and a significantly larger hotel than existing and the extant planning permission. The site is within Flood Zone 3 (high risk) as identified in the Strategic Flood Risk Assessment (SFRA), therefore the development is required to pass the Sequential Test as required by National Planning Policy Practice Guidance.

Sequential TestThere are two elements of the scheme. The proposal for a hotel and other marina related commercial uses which need a harbour side location. The specific locational issue restricts the range of alternative sites to be considered. There are two alternative sites that are allocated in the local plan for a hotel; (i) the Thistle Hotel; and (ii) land on West Street (“Between the Bridges”).

The applicant points out both alternative sites fall within Zone 3 and technically therefore there are not alternative sites in areas of lower flood risk. This is not strictly true. The Council’s approach to concentrate growth in the Town Centre with new flood defences to mitigate the risk of flooding means that the two alternative sites identified above are located within an area where there will be a lower risk of flooding and given they are allocated are, in principle, available to accommodate the proposed development. These are sequentially preferable sites that offer the same opportunity for a mixed use harbour side scheme with access to a marina and the applicant should have investigated them more fully.

It is recognised however, that planning permission has already been granted for a replacement hotel at Salterns Marina, albeit in a different position, that did not require a sequential test. Therefore, in this instance although the proposal increases the size of the hotel, the applicant is not required to undertake further work to investigate the alternative sites and conclude that the hotel element passes the sequential test.

The housing is a different matter. Guidance is clear that housing should be located in areas of lower risk. The Council’s policy set out in the SFRA includes an exception test to allow a significant proportion of the Borough’s housing need within the Town Centre, meeting the test due to the sustainability benefits outweighing the risk of flooding. For example, the provision of new flood defences as part of major regeneration proposals will help mitigate the flood risk to existing premises within the Town Centre.

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Apart from the Town Centre the Poole SFRA assumes that the remaining housing target will be met in Zone 1 and 2 across the Borough (Para 4.19). Therefore the starting point for a sequential test for new unallocated housing would be to look for alternative sites across the Borough in Flood Zone 1. The Core Strategy has been examined on the basis that the housing target can be met through this approach.

In this case, however, it is recognised that the applicant has provided viability assessment to illustrate that the housing development is essential enabling development to cross subsidise the erection of the hotel, and that without the housing development the hotel would not come forward. It is further evidenced that without the new quay wall and raising the site, that the Hotel element would not come forward. Therefore, in this instance, it is reasonable to conclude that the 3 elements of this proposal are intrinsically linked and subject to the enabling point being proven the proposed mixed use scheme can pass the sequential test on the basis of the locational requirements of redeveloping and upgrading the existing hotel.

Exception TestHaving passed the sequential test, the scheme must undergo a two stage exception test which (i) requires demonstrating the development provides wider sustainability benefits to the community that outweigh the flood risk and (ii) a site-specific flood risk assessment.

In terms of the first part of the exception test, the LPA have to judge whether the wider sustainability benefits to the community of the proposal outweighs the risk of flooding. In summary the applicant highlights the following benefits:

Economic Regenerating the site through the provision of new jobs, housing, retail and

visitor facilities; and Provision of infrastructure including new flood defences and a contribution to

the provision of Borough-wide infrastructure projects. Social

A social meeting space for the local community; and Job opportunities for local people.

Environmental New flood defences to protect the site and properties on Salterns Way; and The re-use of previously developed land.

This scheme has the potential to regenerate the area and create an attractive waterside visitor destination. The scheme has strong economic and environmental benefits. It is however disappointing that a scheme of this size and in this high value location is unable to provide a contribution towards affordable housing. Policy PCS6 requires 40% provision of affordable housing as the starting point for housing development. We would expect any scheme that is exceptionally granted permission in an area of flood risk to deliver some affordable housing as part of the package of community benefits required to meet the first part of the exception test. However, for the reasons detailed further in this report this is not forthcoming.

Furthermore the exclusivity of the new dwellings is unlikely to satisfy any local needs and thereby exacerbate existing social problems in the local community and across Poole. However, the applicant’s viability report has been verified by an independent assessor the

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District Valuer Service (DVS), which illustrates that the high cost of redeveloping a hotel and flood defences negates the uplift in value and that this particular scheme cannot provide affordable housing at the current time.

Therefore, there is justification to allow in exceptional circumstances the scheme to pass the sequential test as the enabling development of the hotel will deliver wider benefits. It is viewed in this particular case that the social, economic and environmental benefits outweigh the risk of flooding. The development will deliver new flood defences that will protect not only the proposed development but existing development along Salterns Way.

With regards to part i) of the Exceptions Test the EA advise that the flood risk mitigation measures as set out in the applicants flood Risk Assessment should be implemented in full. The EA advise conditions are attached which deal with finished floor levels and the basement car park tanking and access ramp crest level for both blocks shall be set no lower than 3.6 metres above Ordnance Datum (OAD); and, flood resilience/resistant measures up to a level of 4.0 metres above Ordnance Datum (AOD) are incorporated in both blocks.

Impact on character and appearance of the area and harbourThe character of the immediate area is mixed with residential, both flatted blocks and townhouses, and the hotel and marina and associated marina buildings and parking provision to serve the hotel and marina.

The existing site levels are approx. 1.35m. Because of the identified flood risk, the site levels generally need to be 3.6m AOD. The adjacent blocks of flats at Salterns Point are sat on a plinth approximately 3m. high so that the ground floor of habitable accommodation is effectively raised by approximately one storey. The ground floor of both new blocks would also be raised in a similar manner although it would have a lower finished floor level than the exiting blocks of flats to the north west of the application site.

With regards to Block A, the site of the existing hotel, the proposal is for a six-storey building and would be of a contemporary design with the building reflecting the shape of this part of the site. The footprint and scale of the building is similar to the extant permission, although by adjusting the ceiling heights an extra floor can be accommodated compared to the extant approval. The upper floors are generally stepped in to reduce the visual impact, bulk and mass of the building. The increase in height which is marginally higher than the extant building. Given the height of adjacent buildings and their separation distance, the proposal would enhance the visual appearance of this part of the marina peninsula.

With regards to Block B, at the Peninsula end, the proposal is for a 7 storey building with the middle and north east part of the building dropping to 6 storeys. With regards to scale and massing the proposed building will change the character of this end part of the marina which is currently occupied by a small subservient building adjacent to the water and surface parking. It is considered that the scale and mass of building whilst noticeable and changing the character, will respect the local distinctiveness of the area which is one of prominent buildings on this marina peninsula. The block will be visible from across Baiter Park and Banks Road (approach to Sandbanks) but its height and scale will be reflective of the surrounding buildings on the Peninsula and from their distant views fall into the general backdrop.

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A character of Poole is one of tall buildings which abut the waters edge.

The proposed palette of materials include black zinc cladding, bronze timber cladding, Portland stone, and small amounts of white render and charcoal grey aluminium windows the proposed materials are modern. It is considered that the extensive use of glass is considered to visually 'lighten' the appearance of the building, and is considered appropriate for the building, the area and waterside location.

Some representations say that the proposal will break the tree line from when viewed in the harbour. This will be the case but only when viewed close to the building, in the harbour. This is the case with any building breaking the tree line and would be applicable with a lower rise building.

The proposal also incorporates the raising of the levels of the parking on the site adjacent to proposed new flatted and hotel blocks. The level will be similar to the ground floor flat to block C adjacent (as labelled on the plan). The soft landscaped area to the west of the parking area will be graded from existing level up to the finished floor level of the parking at 3.6m AOD with further landscape to the north bordering the existing flats. In this manner the change in levels will be suitably mitigated.

On the southeast side of the site the footpath, which runs along the waters edge, will be raised to 3.6m AOD which will be around 2m higher than the access road. There will also be required some form of barrier to prevent people falling from the footpath into the access road and the water. No details of the design or materials have been submitted, but it is reasonable to secure details of the barrier by use of an appropriately worded condition. The proposal also provides flood barriers (wall) to the north east of proposed block A where the ground levels drop to current ground levels. This wall is proposed to be Portland stone. The proposed barriers will limit views into the water and the change in levels will be very apparent however the change in appearance needs to be balanced against protecting development against future flooding. Over time should adjacent sites come forward the levels will be similarly raised.

The proposal would respect the existing shoreline character which in the vicinity of the application site on this marina peninsula is one of relatively tall buildings.

The proposal includes the demolition of the jet-ski showroom building with proposals showing that its site could be landscaped to include the planting of trees adjacent to the turning circle in Salterns Way, as well as areas of tree planting and grass verge between it and the proposed external car parking. This would represent a significant improvement to an area where the existing approach to the hotel is a large area of tarmac parking.

Impact on Residential AmenityThe three blocks of flats which sit north west of the application site are Blocks A, B and C, Salterns Point. Blocks A and B (as labelled on the site plan). A number of objections relate to 'loss of a view', which is not a material planning consideration (unlike 'outlook') and not therefore valid planning reason to refuse planning permission, particularly given the extant consent for development on the site.

With regards to the impact on the occupants of Block A, the flats start above road level at

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around first floor level. Their current outlook is towards the side of the existing hotel which spans part of the width of the front elevation. The proposed side elevation which faces this block is tiered so that as the floors recede as the building goes up in height, similar to the extant permission. The proposed separation gap would be approximately 16.5m between the front elevation of this block and first floor level of proposed accommodation, which would be an improvement on the current relationship with the existing hotel and similar to the extant approval. As the floor levels increase the building steps back further away from Block A. Given the similarities of the scale of built form between the extant approval and this current proposal to Block A the proposals would not be overbearing.

With regards to the impact on the occupants of block B, the flats currently overlook a garden serving the hotel. The proposal would introduce a built form with a separation distance of between 16m and 18m at ground floor level. Since the upper floors are indicated as being set back from the ground floor footprint, there would be a separation distance at first floor level of between 15m and 19.5m. A balcony serving one of the proposed flats at flat 19 on the first floor is indicated on the west elevation at first floor level at edge of the building furthest from Block B, and similarly to flat 48 on the 5th floor. There would be sufficient separation distance at this point to prevent materially harmful mutual overlooking of flats in block B the balconies serving the flats has been designed to primarily provide views over the water.

Like the extant permission, the proposed building (Block A), will have little impact on the occupants of the residents in Block C (as labelled on the site plan), which is located furthest from the proposed building. The proposed building would be sited to the south east of the blocks A and B and there would be some loss of sunlight during the morning this is likely to effect principally flats on the lower floors. Given that the proposed building would recede as the floors increase, the length of time and extent of any overshadowing would be reduced, and the height and scale is similar to the extant approval for the replacement hotel.

With regards to proposed block B, this would be sited to the south east of the existing block C, with a separation distance in excess of 63m between block C and the proposed hotel building, at its closest point. There will be no harmful overlooking and this proposed block will not appear overly dominant or lead to a materially harmful loss of light to the occupants of block C. The proposed parking to the south east of block C will be at a raised level of 3.6m AOD, given the ground floor of habitable accommodation the exiting bock C is raised by around a storey in height, the parking will be at a similar level to the habitable accommodation of the flats. The separation distance from the closest parking space to the flats is a minimum of 15m. with some intervening landscape. This is an acceptable distance to negate harmful overlooking.

Parking and access

The applicant has submitted a Transport Statement (TS) with traffic flows, which was

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complimented by submitting additional information which now includes assessment of the impact of the proposed removal of some existing uses from the site and the impact of the new public “Sky” restaurant. Overall the head of Transportation Services is satisfied that they have sufficient information to assess the traffic flow impact of the proposal.

Salterns Way meets design standards to allow two vehicles to pass along the majority of it’s length. The Head of Transportation Services considers the major traffic flow assessment to be the impact of the proposal on the Sandbanks Road/Salterns Way junction. The TS has provided information on the existing and proposed traffic flows from the various uses on the site. The major new uses on the site are the residential units, additional hotel rooms and public restaurant. The Head of Transportation Services agree with the TS assessment that the traffic flows for the existing uses that are to be removed need to be allowed for in any assessment as these are a material planning consideration. Another factor is the likely peak times for visitors to the proposed uses, such as the restaurant is likely to peak in the evenings and weekends which would not necessarily clash with main road peak commuter traffic times.

The applicant has put forward a road widening scheme at the Salterns Way/Sandbanks Road junction. Two-way flow carriageway widths are currently restricted in this area by the location of on-street parking bays on the south side of Salterns Way at the approach to the main road. These bays are popular with visitors to local shops and therefore the applicant has sought a junction improvement solution that would not require the removal of these existing bays. The Head of Transportation Services consider that this improvement has wider benefits for general traffic in the area, not just traffic visiting the development. The existing width currently causes some congestion which will be assisted by the improvement. Some larger vehicle movements will still be restricted at this point, but this is as per the existing situation and the majority of traffic going to the proposal will be cars. Overall The Head of Transportation Services consider that the junction improvement to be a highway gain in the proposal that would benefit the wider general traffic flows in this area as well as visitors to the proposal, outweighing the impact of the development at this junction.

The junction improvement can be secured via planning condition and the works are to be carried out in the early stages of works on site, to assist with the movement of construction vehicles.

An additional improvement to the width of Salterns Way at the access to the site is also proposed. Parking and general site layout are satisfactory to assist vehicle and pedestrian movements thru the site. A condition is suggested to secure suitable disabled access routes.

With regards to the bridleway it is of short length, and it can be lit and appropriately surfaced which can be secured by condition.

Parking levels are considered acceptable for the various users proposed with the proposal providing more car parking than the Council's SPD requirements

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Affordable HousingPolicy PCS06 of the Core Strategy requires that residential schemes of 6 units or more be tested for viability verification in order that affordable housing can be provided within schemes where it is demonstrated viable to do so. The proposed development has been the subject of a verification assessment into the viability of the scheme in order to establish whether provision towards affordable housing can be achieved in light of present market conditions.

The DVS concur with the viability assessment submitted that the scheme is unable to make an affordable housing contribution, namely due to the commitment of providing a new quay wall which is costed at £8.1m, the Head of Housing accept the viability reports findings.

The phasing of development should be secured by s.106 agreement and an overage clause or viability review as each phase comes forward

Impact on faunaThe RSPB currently object to the application, however Natural England, who are a formal consultee ,support the proposal. Advice from Natural England is that given the bird sensitivities in the area, the proposed construction would need to be timed and undertaken in a manner that would minimise disturbance to over-wintering and nesting birds. It will therefore be necessary to restrict the use of heavy machinery or percussive piling during October to March inclusive (during the bird overwintering period), and that there is no pedestrian access to the mudflats. The use of conditions suggested by Natural England would ensure that the development would not impact on the features of special interest for which Poole Harbour SSSI is a notified site.

Biodiversity enhancementsThe existing building has been surveyed for bats and it has been concluded that bats are unlikely to be in the building.With regards to the extant permission for a replacement hotel the RSPB recommended that the building incorporates 'Swift bricks' and that there are living roofs and living walls. There would be potential scope for areas of sedum roof given the proposals flat roof design. The current proposal shows that the flat roofs would be grass roof and it is appropriate that a landscape and environmental plan securing 'Swift bricks' and also appropriate living roof / living walls, features could be secured by condition on this scheme.

Contaminated LandThe development would be in an area where there was some historic reclamation of land and use of the site as docks. Consequently, there is the potential for contamination associated with these activities to exist which could affect future users of the site. It is necessary for potential risk from this contamination to be assessed having regard to the proposed use and the potential impacts on future users of the site and the wider environment of Poole. This can be secured by an appropriate condition.

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INFRASTRUCTURE AND DEVELOPER CONTRIBUTIONS

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.

In addition, a new planning contribution also came into effect 8th April 2015. The site is beyond 400 metres of Heathland SSSI, but within 5km and as such, the proposal additional net increase in dwellings may be acceptable subject to appropriate mitigation of impact upon heathlands. The contribution will be taken from all qualifying residential development to fund Strategic Access Management and Monitoring as part of the Dorset Heathland Planning Framework, the overarching strategy for managing the adverse effects of development upon the internationally important Dorset Heathlands. The charge is based on the cost of delivering SAMM in Poole and is £355 per additional house/£242 per additional flat + admin fee. This proposal requires such a contribution and would be payable either through a Unilateral Undertaking or Section 111 agreement. The applicant has entered into a unilateral agreement to pay the contribution of £17,666 on commencement of development.


If this development is granted permission and the dwellings built, the Council will receive (net increase in dwellings 73 x £1439) in each of the following six years from the dwellings completion a total of £630,282 in government grant under the New Homes Bonus. This application currently falls into CIL Zone A which at present has a CIL chargeable rate of £150 per square metre of chargeable residential floorspace. The chargeable residential floorspace for this development will be calculated against this rate and indexed against the BCIS All-in Tender Price Index. The precise CIL liability in relation to this application will be confirmed in the CIL Regulation 65 Liability Notice which will be issued as soon as practicable after the day on which a planning permission first permits development.

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 attached to those considerations.

INFRASTRUCTURE AND DEVELOPER CONTRIBUTIONS INCLUDING OBLIGATIONS

Obligations to secure the following:-

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Phasing of the development to

1) ensure that the replacement quay wall is in place prior to the hotel and residential building being commenced.

2) that the hotel building is completed and the hotel accommodation including spa, pool, treatment rooms, function rooms and restaurants and ground floor commercial elements including berth holders bar and changing facilities are fully operational prior to first occupation of the first residential flat in block B and also prior to the commencement of block A.

This is critical as the sequential test can only be passed on the basis that the residential component enables the hotel element and therefore the delivery of both are intrinsically linked and one should not come without the other thus the need for appropriate controls over implementation; and

3) An overage provision for affordable housing and a re-appraisal of viability at each phased stage.

S.278 Agreement- required for the dedication as adopted highway of the road widening and footway works at the southwest end of Salterns Way

RECOMMENDATIONIt is therefore recommended that this application be Grant With CIL Contribution and subject to the following conditions and additional conditions as necessary.




4. AA01 (Non standard Condition)Prior to the commencement of the development hereby permitted, details of the use of on-site renewable energy sources to meet a minimum of 20% of predicted energy use of the non-residential and residential development, shall be submitted to and approved in writing by the Local Planning Authority and subsequently implemented, retained and maintained.

Reason:In the interests of delivering a sustainable scheme and reducing reliance on centralised energy supply and in accordance with Policies PCS31, PCS33 and PCS35 of the Poole Core Strategy adopted 2009 and guidance contained within Section 10 - Meeting the challenge of climate change, flooding and coastal change of the National Planning Policy Framework (March 2012).


6. LS050 (Hard Landscaping)

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7. AA01 (Non standard Condition)Within 3 months of the development hereby approved commencing the following works will been constructed in accordance with details to be submitted to, and approved in writing, by the Local Planning Authority, namely:

a- The road widening and footway works to the northwest end of Salterns Way adjacent to Sandbanks Road based on drawing No. 020.0183.001 P3 contained within Appendix E of the Transport Statement.

Reason-in the interests of Highway Safety and in accordance with Policy PCS26 of the Poole Core Strategy adopted 2009, and DM7 and DM8 of the Poole Site Specific Allocations and Development Management policies adopted 2012.

8. AA01 (Non standard Condition)Prior to the commencement of development details of:

a- scheme of lighting along the access road, parking areas and pedestrian routes hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include the proposed phased implementation of the approved lighting. The approved lighting shall then be implemented in accordance with the agreed scheme and the lighting shall remain in good working order at all times thereafter.b- scheme of signage and marking out of the existing Public Right of Way route which runs through part of the site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in accordance with the approved details and shall remain in situ at all times thereafter.c- Parking Implementation and Management Plan, which shall include details of; temporary contractors and construction vehicle parking areas, phasing of the parking implementation, including marking out of the approved car and cycle parking areas, a hotel valet parking scheme and the final completed development parking management arrangements, shall be submitted to and agreed in writing by the Local Planning Authority . The parking shall be implemented and managed in accordance with the approved Plan at all times thereafter.d- scheme to deliver the road widening and footway works to the southwest end of Salterns Way adjacent to the site access as indicated on the site plan ref 8471/300 prior to first occupation of any approved residential unit or the commencement of any approved use within Block B.e- the ramped (gradients) pedestrian access routes adjacent to Block A, shall be submitted to and agreed in writing by the Local Planning Authoirty. The approved ramped pedestrian access shall be implemented in accordance with the approved details/plans prior to first ocupation of the development.

Reasons –In the interests of providing appropriate levels of parking and safe vehicle and pedestrian routes in accordance with Policies DM 7 & DM 8.

9. AA01 (Non standard Condition)

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The basement double stacking parking system shall be maintained in accordance with the manufactures maintenance schedule and shall remain in good working order at a all times.

Reason-To ensure that adequate parking provision is provided to serve the development and in accordance with Policy DM7 and DM8 of the Poole Site Specific Allocations and Development Management policies adopted 2012.

10. HW200 (Provision of Visibility Splays)

11. AA01 (Non standard Condition)Prior to occupation of the 50th residential unit a Travel Plan with measures to encourage sustainable modes of transport amongst residents, and it's implementation timescale, shall be agreed in writing with the LPA.

Reason-To promote sustianable modes of transport.

12. AA01 (Non standard Condition)The development hereby permitted shall be carried out in accordance with the Flood Risk Assessment (M Frank Tyhurst, Flood Risk Consultant, May 2015) and the mitigation measures detailed therein, unless otherwise agreed in writing by the Local Planning Authority: 1. Flood resistance / resilience measures up to a level of 4.0 metres above Ordnance Datum (AOD).2. Finished floor levels and the basement car park tanking and access ramp crest levels for both blocks shall be set no lower than 3.6 metres above Ordnance Datum (AOD). Reason-To reduce the impact of flooding on the proposed development and future occupants and in accordance with PCS34 of the Poole Core Strategy adopted 2009.

13. GN161 (BREEAM) (Excellent)

14. AA01 (Non standard Condition)Prior to commencement of development a scheme to deliver a replacement rising main which pumps the existing foul flows to the existing gravity sewer at the junction of Salterns Way and Lagoon Rd including a timeframe for implementation shall be submitted to and approved in writing by the Local Planning Authority. The proposal shall be carried out in accordance with the approved details, unless otherwise agreed in writing by the LPA.

Reason-Wessex Water consider the addition of predicted development flows from the proposed development site will generate major works at the pumping station.

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15. AA01 (Non standard Condition)During implementation of the development hereby permitted no plant, machinery or vehicle that is associated with the implementation of the development that is audible at any boundary of the site shall be operated at the site other than between 0800 hrs and 1800 hrs on Mondays to Fridays inclusive, and between 0800 hrs and 1300 hrs on Saturdays. In the case of machinery operated in association with any piling operations, this shall be operated only between 0830 hrs and 1800 hrs Monday to Friday. During implementation of the development no machinery associated with implementation of the development shall be operated at any time on Sundays or recognised Public Holidays, nor shall any Heavy Goods Vehicles associated with implementation of the development enter or leave the site other than during the permitted hours.

Reason -To protect the amenities of nearby residential properties and in accordance with the provisions of policy DM 1 of the Site Specific Allocations and Development Management Policies DPD (Adopted 2012).

16. AA01 (Non standard Condition)Prior to demolition the flying boat plaque shall be removed from the existing building.

Prior to commencement of development details of the position of the flying boat plaque to be reinstated on the new building shall be submitted to and agreed in writing by the Local Planning Authority, and implemented before first use of the building. The proposal shall thereafter be carried out in accordance with the agreed detail.

Reason-To continue to retain and publicise the history of the site.

17. AA01 (Non standard Condition)A landscape and environmental plan which includes details/plans and locations for 'swift bricks' and living walls/roofs shall be submitted to and approved in writing prior to commencement of development. The approved scheme shall be implemented in full prior to first use of the building.

Reason-In the interests of biodiversity and in accordance with PCS29 of the Poole Core Strategy adopted 2009.

18. RC060 (Limitation on Use)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 accommodation described as hotel rooms/suites including managers suite, Treatment Rooms, Relaxation Room, Swimming pools, gymnasium, changing facilities, restaurant and function rooms shall be occupied and used for

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purposes of Class C1 Hotel use only and for no other use purposes, whatsoever, including any other purpose in Class C1 of the Town and Country Planning (Use Classes) Order 1987 or any subsequent re-enactment, without formal planning permission first being obtained.

Reason -To ensure an appropriate Tourism Offer is provided and in accordance with Policy DM5 of the Development Management Policies DPD (Adopted 2012).

19. AA01 (Non standard Condition)Prior to commencement of development proposals for the disposal of surface water shall be submitted to, and approved in writing by the Local Planning Authority. The proposal shall be carried in accordance with the approved details, unless otherwise agreed in writing by the LPA.

Reason -To ensure an appropriate discharge of surface water.

20. RC060 (Limitation on Use)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 and as annotated on the plans as birth holders bar, marina changing rooms and shower facilities, shall be used for marina based purposes only and for no other use purposes, whatsoever, including any other purposes, whatsoever, without formal planning permission first being obtained.

Reason -To retain a marina and associated activities on the site.

21. NP090 (Contaminated Land)

Informative Notes



3. IN00 (Non Standard Informative)Pollution Prevention During ConstructionSafeguards should be implemented during the construction phase to minimise the risks of pollution from the development. Such safeguards should cover: - the use of plant and machinery- oils/chemicals and materials- the use and routing of heavy plant and vehicles- the location and form of work and storage areas and compounds- the control and removal of spoil and wastes.The applicant should refer to the Environment Agency's Pollution Prevention Guidelines at:

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https://www.gov.uk/government/collections/pollution-prevention-guidance-ppg

4. IN00 (Non Standard Informative)All contractors working on site should be provided with a map that clearly shows the boundaries of Poole Harbour SSSI in relation to the development site

5. IN00 (Non Standard Informative)Water EfficiencyThe Environment Agency advises the development should include water efficient systems and fittings. These should include dual-flush toilets, water butts, water-saving taps, showers and baths, and appliances with the highest water efficiency rating (as a minimum). Greywater recycling and rainwater harvesting should be considered.

Applicants are advised to refer to the following for further guidance on the Environment Agencys websitehttp://www.environment-agency.gov.uk/homeandleisure/beinggreen/118941.aspxhttp://www.savewatersavemoney.co.uk/

6. IN00 (Non Standard Informative)Sustainable Construction The Environment Agency advise that sustainable design and construction should be implemented across the proposed development. This is important in limiting the effects of and adapting to climate change. Running costs for occupants can also be significantly reduced.

7. IN00 (Non Standard Informative)Waste ManagementIn accordance with the waste hierarchy, the environment Agency advise the applicant to consider reduction, reuse and recovery of waste in preference to off site incineration and disposal to landfill during site construction. If any controlled waste is to be removed off site, then site operator must ensure a registered waste carrier is used to convey the waste material off site to a suitably authorised facility. If the applicant requires more specific guidance it is available on the Environment Agencys website https://www.gov.uk/how-to-classify-different-types-of-waste

8. IN42 (Section 278 Agreement)The land and premises referred to in this planning permission are the subject of an Agreement under Section 278 of the Highways Act 1980.

applicable for works outlined within conditions 1a and 2d.

9. IN10 (28 Days Notice - Works on Highway)A minimum of 28 days notice is required for works on the highway associated

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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.

10. IN06 (No Authority to Affect Public Right oWay)The grant of this planning permission does not entitle developers to obstruct a public right of way. The applicant is advised that a public right of way passes through/adjacent to the application site: this planning permission does not convey any rights to obstruct, divert or stop-up that right of way and the Local Planning Authority will, if necessary, take legal action to maintain the right of way.

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ITEM NO 04APPLICATION NO. APP/15/01138/PAPPLICATION TYPE OutlineSITE ADDRESS Pilkingtons Tiles Ltd, Blandford Road, Poole, BH15 4AR

PROPOSALS Outline planning permission for two, four storey buildings to provide residential development of 58 dwellings (Starter Homes Initiative) with details provided on vehicular access, parking scale and layout and with appearance and landscaping reserved.

REGISTERED 28 August, 2015APPLICANT Inland Homes PlcAGENT Nathaniel Lichfield and Partners

WARD Hamworthy East

CASE OFFICER Caroline Palmer

INTRODUCTIONThis application is brought before committee due to the nature of the scheme and policy issues.


THE PROPOSALOutline planning permission for two, four storey buildings to provide residential development of 58 dwellings (Starter Homes Initiative) with details provided on vehicular access, parking scale and layout and with appearance and landscaping reserved.MAIN ISSUESThe principal issues for consideration in this case relate to:

Policy and legislation issues Impact on the character and appearance of the area Impact on neighbouring amenities Highways issues Flooding and mitigation Sustainability Section 106 Agreement/CIL compliance

SITE DESCRIPTIONThe application site is part of the wider Former Pilkington Tiles site (now known as Carters Quay). The first three phases of the construction on the site are under way, with some of the residential units to the west completed and occupied. The application site to the east

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of the approved Port Link Road, close to the boundary with Sydenhams Timber Yard and the large industrial shed on the boundary.The site is located off Blandford Road, to the south west of Poole town centre, the old town and Poole Quay. It occupies an important plot on the Backwater Channel, adjacent to the lifting bridge, and closes views looking west along Little Channel. The historical use of the site was as a tile factory. RELEVANT PLANNING HISTORYAPP/15/00328/R - Variation of condition 3 following approval of APP/13/00566/R to vary the list of approved plans to amend the shape and layout of the public open space to the front of plots 6 and 14 and to amend the layout of the public open space to the right of port link road to allow the implementation of the Wessex Water foul pumping station.Grant Section 106 23/07/2015.APP/15/00165/F - Non material amendment following outline approval App/11/01246/P & Reserved Matters App/13/00566/R to amend ceramic tile material to front facades of dwellings and amend opening of windows constructed differently to approvedGrant with Conditions 06/03/2015. APP/14/01153/R - Reserved matters application following approval of outline application 11/01246/P. Phase 2.1. Comprising 15 apartments and 2 x B1 Units.Grant with Conditions 26/11/2014.APP/13/00566/R - Reserved Matters Application following Outline Approval APP/11/01246/P to erect 82 dwellings and 2no. B1 units. (Phase 1)Grant with Conditions 26/07/2013.APP/11/01246/P - Demolition of all existing buildings including no. 28 Blandford Road. Proposed mixed-use redevelopment comprising: 268 dwellings comprising 68no. 1-bedroom flats, 125no. 2-bedroom flats, 2no. 2-bedroom houses, 64no. 3-bedroom houses, 9no. 4-bedroom houses; 880 m2 GEA floorspace for Classes A1 and A3 uses; 11,556 m2 GEA floorspace Class B1 Business units; electricity substation; foul water pumping station; construction of new site entrance onto Blandford Road and associated access roads; 436 car parking spaces; cycle parking; public open space areas; and landscaping works. (Outline Application) Amended plans received 30th March 2012 and 6th November 2012.Grant Section 106 11/12/2012.PRE-APPLICATION ADVICEPREA/15/00034 - To amend the current approved outline permission to replace commercial floorspace with residential dwellings (approx. 49 Units.)Pre-App Response Provided 22/07/2015 - advised that there may be highways issues and that the timing of the submission should be right, when the Starter Homes legislation has been adopted.COMMUNITY CONSULTATIONNone.CONSULTATIONSThe Head of Transportation Services - supports the scheme.Natural England - no objection subject to a condition requiring the submission of a

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Biodiversity Mitigation Plan.Dorset Police - advice given.Wessex Water - advice given for applicant.Historic England - no objection.Dorset County Council - no objection subject to condition 12 of APP/11/01246/P standing.Poole Harbour Commissioners - no objection to this scheme, but object to the approved Port Link Road.Waste Management Authority - Bin stores should be shown at Block B to store 4x1100 litre capacity bins. This will be required by condition.REPRESENTATIONSRepresentations received raising concerns including:

Prematurity of the change of offices to residential. The need for office accommodation in Poole. The need to complete the Port Link Road. Car parking issues. Location of bin stores. Design of the buildings. Inaccuracies in relation to bus routes and need for better routes.

PLANNING CONSIDERATIONSPOLICY AND GUIDANCENational Context National Planning Policy Framework (NPPF)National Planning Policy Guidance (NPPG) Local ContextPCS 1: Principal Locations for Economic InvestmentPCS 5: Broad Locations for Residential DevelopmentPCS 6: Affordable HousingPCS 8: Lifetime HomesPCS11: The Regeneration Area PCS 15: Access and MovementPCS 20: Accessible and Inclusive PlacesPCS 23: Local DistinctivenessPCS 24: Design and Access StatementsPCS 25: Self-reliant CommunitiesPCS 26: Delivering Locally Distinctive, Self-Reliant Places

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PCS 27: Safer CommunitiesPCS 28: Dorset Heaths International DesignationsPCS 29: Poole Harbour SPA and Ramsar SitePCS 31: Sustainable Energy – GeneralPCS 32: Sustainable HomesPCS 33: Environmental Performance of Commercial BuildingsPCS 34: Flood RiskPCS 35: Energy and Resources Statements PCS 36: Joint WorkingPCS 37: The Role of Developer Contributions in Shaping PlacesSite Specific Allocations and Development Management Policies DPD (2012)DM 1: DesignDM 5: Tourism and the Evening EconomyDM 7: Accessibly and SafetyDM 9: Green Infrastructure and BiodiversitySSA 7: The Regeneration Area – Urban Design SSA 8: The Regeneration Area – InfrastructureSSA 10: The Regeneration Area – Land on the Hamworthy side of the Back Water ChannelPLANNING JUDGEMENTThe application site is part of a larger allocated site in the Poole Core Strategy Adopted February 2009. Policy PCS11 covers the site and allocates it for mixed use comprising: a new quayside; a business centre for small and medium enterprises (principally Class B1 activities); other B1 business space; a 200-bed budget hotel; provision of a link road to the Port; public space in addition to the quaysides; and a new facility for Poole Rowing Club. It should be noted that part c of PCS11 covers both the Pilkingtons Tiles site and the Sydenhams Timber Yard site as at the time of adoption of the Core Strategy it was considered that together they formed a more holistic regeneration site. As such, the uses above apply to both sites but the application only refers to part of the Pilkington Tiles Site. Outline permission was given for a scheme covering the whole site in December 2012 (including matters of access, layout and scale). This scheme for the entire site included:· The demolition of all existing buildings including no. 28 Blandford Road. · The creation of a mixed-use redevelopment comprising:i. 268 dwellings (68no. 1-bedroom flats, 125no. 2-bedroom flats, 2no. 2-bedroom houses, 64no. 3-bedroom houses and 9no. 4-bedroom houses) ii. 880 m2 GEA floor space for Classes A1 and A3 uses; iii. 11,556m2 GEA floor space Class B1 Business units; iv. electricity substation; v. foul water pumping station; vi. construction of new site entrance onto Blandford Road and associated access roads;

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vii. 436 car parking spaces; viii.cycle parking; ix. public open space areas; x. And landscaping works. The approved scheme is currently under construction, with Reserved Matters having been approved for Phases 1-3. The current application is for the area of the site that formerly comprised Phase 6 of the comprehensive development of the former Pilkington Tiles site. It currently has outline consent for B1 business units, iii above. The current application is for outline consent with use, amount of development, access, layout and scale parameters under consideration. Only landscape and appearance are reserved.Policy and legislation issuesThe Poole Core Strategy (Adopted 2009) states, in Policy PCS1, that it is expected that 2,900 full time jobs will be created within the Regeneration Area, being provided by B1 (Business), A1,(Shops) A3( Restaurants and Cafes) and A4 (Drinking Establishments)uses and a hotel. For the application site (including the entire Pilkingtons site and the Sydenhams Timber Yard), Policy PCS11 seeks 26,000m² of B1 accommodation, 2,250m² of A1 & A3 and a leisure hotel of 9,948m². The policy also advocates that there should be flexibility in the delivery of the Regeneration sites. The approved outline scheme gave consent for 11,556m2 GEA floor space Class B1 Business units on the application site. However, since the outline consent for the site was approved, the Government has revised the NPPG and is introducing new legislation in relation to the provision of Starter Homes. This is a new national exception site policy which provides that local planning authorities (“LPAs”) should look for opportunities to create high quality, well-designed starter homes through exception sites on commercial and industrial land that is either under-used or unviable in its current or former use, and which has not currently been identified for housing; and that, where applications for starter homes come forward on such exception sites, they should be approved, unless the LPA can demonstrate that there are over-riding conflicts with the National Planning Policy Framework (“the NPPF”) that cannot be mitigated. This was introduced in a Ministerial Statement in March 2015, and included within the NPPF at that time. The legislation is included within the draft Housing and Planning Bill which is currently being considered by the House of Lords. Starter Homes are defined in the draft Housing and Planning Bill as being:A building or part of a building that - (a)is a new dwelling,(b)is available for purchase by qualifying first-time buyers only,(c)is to be sold at a discount of at least 20% of the market value,(d)is to be sold for less than the price cap, and(e)is subject to any restrictions on sale or letting specified in regulations made by the Secretary of State.The Housing and Planning Bill is yet to be enacted and as such, legal advice has been sought as to whether the Borough of Poole is currently in a position to make a decision on the current application for Starter Homes. The advice from Counsel is that the consideration of this application is not premature and that a decision can therefore be made. Counsel reached the conclusion that the Starter Homes policy represents current

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national policy; that that policy is a consideration which is material to applications made for the development of Starter Homes on exception sites, to which regard must be had in determining those applications; and that the policy is capable of over-riding local plan policy which is incompatible with it, provided that granting planning permission would otherwise be in accordance with the NPPF. These conclusions are in line with the applicable case law. Further, Counsel advised that, more generally, the Starter Homes policy, as current national policy, is capable of overriding local plan policy which is inconsistent with it, and, to that extent, capable of being regarded as out of date. Accordingly, in Counsel's opinion, the Council should approach the application by reference to the Starter Homes policy as current national policy, to which due weight must be given in the normal way. It would only be justified in refusing the application if the site with which it is concerned does not fall to be considered as an exception site, or there are powerful considerations, deriving from an up-to-date local plan, the NPPF, or some other relevant source, which outweigh that policy.

The evidence provided as part of the application reinforces the position that there is a current lack of demand for employment land, and therefore the starter homes policy can supersede the requirements of Policy PCS11 – The Regeneration Area (Site C: Pilkington Tiles and Sydenham Timber Yard), enabling redevelopment of the site for starter homes.

The approval of the proposed scheme will be subject to conditions and a relevant Section 106 Legal Agreement securing the components of the Starter Homes scheme as outlined above and within the Housing and Planning Bill.

Impact on character and appearance of the areaThe proposed residential blocks would follow the form of the outline permission which provides a focal point building that turns the corner and offers positive enclosure to the street. The proposed buildings would be lower than those previously approved, which reduces their dominance in the street scene. The scale, height and mass of the proposed buildings are therefore acceptable. The detailed design is a Reserved Matter and will therefore be considered at that stage. The proposed buildings would complement the development on the rest of the site.The properties would provide passive surveillance over the street, including at ground floor level. Balconies and entrances to the flats maintain a level of activity along the frontage, which would have a positive impact in the street scene. The proposal has been designed to ensure that the parking is effectively screened by the built form.Communal amenity space is provided and individual outdoor space will be provided by balconies. This level of amenity space is considered acceptable for flats of this size in this location. The refuse storage areas would be in easily accessible locations. The proposed scheme does not compromise the future development of the Sydenhams Timber Yard. Impact on neighbouring amenitiesGiven the location of the site and the proposed buildings, the scheme would not give rise to any overbearing, overshadowing or overlooking of other residential properties. Whilst it would be glimpsed from other residential properties it would not result in a loss of outlook

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due to the distance from those properties.Highways issuesThe Head of Transportation Services supports the scheme. The car parking and access provision for this scheme complies with the relevant policies and Parking SPD. Whilst this residential development may give rise to a shortfall of car parking elsewhere on the wider site, this would have existed in any case. Conditions relating to the provision of car parking and cycle parking details will be imposed.Flooding and mitigationPolicy PCS11 of the Poole Core Strategy requires this site along with the neighbouring regeneration sites to incorporate a new sea wall. The proposals detail finished floor heights of the residential blocks in line with requirements for current flood predictions. The approved sea wall, when built, will result in a capping level of 3.6m AOD which will result in a consistent level of flood defence that will be tied in with other adjacent sites when they come forward SustainabilityThe Energy and Resources Statement submitted states how the proposal would address the provisions of PCS32 of the Poole Core Strategy. A condition should be imposed to secure a minimum of 20% of the energy use of the proposed houses as renewable. INFRASTRUCTURE AND DEVELOPER CONTRIBUTIONSMitigation 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.The scheme would be exempt from CIL payment by virtue of it being a Starter Homes site. In addition, a new planning contribution also came into effect 8th April 2015. The site is beyond 400 metres of Heathland SSSI, but within 5km and as such, the proposal additional net increase in dwellings may be acceptable subject to appropriate mitigation of impact upon heathlands. The contribution will be taken from all qualifying residential development to fund Strategic Access Management and Monitoring as part of the Dorset Heathland Planning Framework, the overarching strategy for managing the adverse effects of development upon the internationally important Dorset Heathlands. The charge is based on the cost of delivering SAMM in Poole and is £355 per additional house/£242 per additional flat + admin fee. This proposal requires such a contribution and would be payable either through a Unilateral Undertaking or Section 111 agreement. This will be

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included in the s106 Agreement. The Section 106 Legal Agreement for the whole site (APP/11/01246/P) will need to be varied accordingly as this site currently forms Phase 6 of that development.

CONCLUSIONFor the reasons given in the Planning Judgement section above, the proposals comply with National Policy and the provisions of the relevant policies in the Core Strategy and the Site Specific Allocations and Development Management Policies DPD. As such, the application should be approved subject to conditions and a Section 106 Legal Agreement to: secure the provision of Starter Homes in perpetuity or any other time as may be

agreed by legislation secure the SAMMS contribution.RECOMMENDATIONIt is therefore recommended that this application be Grant Section 106 subject to the following:

Conditions

1. OL010 (Submission of Reserved Matters)

2. OL020 (Timing of Reserved Matters Submission)

3. DR040 (Sustainable Urban Drainage)


5. NP090 (Contaminated Land)


7. HW110 (Cycle Provision)


9. AA01 (Non standard Condition)Prior to the commencement of any works on the site, the applicant shall submit a Biodiversity Mitigation and Enhancement Plan to the Local Planning Authority, for written approval. Works must thereafter be carried out in accordance with the details contained within the plan.

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 the National Planning Policy Framework.


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Informative Notes

1. IN72 (Working with applicants: Approval)2. IN81 (SAMM Approval)3. IN43 (Section 106 Agreement)

ITEM NO 05APPLICATION NO. APP/16/00324/FAPPLICATION TYPE FullSITE ADDRESS 34 Mayfield Avenue, Poole, BH14 9NY

PROPOSALS Demolition of the existing dwelling and erect a replacement dwelling.

REGISTERED 26 February, 2016APPLICANT Mr BradburyAGENT Pure Town Planning

WARD Penn Hill

CASE OFFICER Chloe Harrod

INTRODUCTIONThis application is brought before committee at the request of the applicant.

Recommendation for Refuse

THE PROPOSAL Demolition of the existing dwelling and erect a replacement dwelling.

MAIN ISSUES

The principal issues for consideration in this case relate to:-

Principle of the proposed development Impact on the streetscene and character of the area Impact on amenities and privacy of neighbouring properties Highway safety and parking provision Sustainable energy and performance SAMMS and CIL compliance

SITE DESCRIPTION

The application site is a detached bungalow with rooms in the roof and is situated between a two-storey house and a chalet bungalow. Mayfield Avenue contains a mixture of bungalows, chalet bungalows, and two storey houses. Properties close to thesite have been re-developed, specifically to the north, in a sympathetic traditional manner.

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The existing bungalow has a small front garden with a drive adjacent to the boundary with No.32 which extends to the level rear garden.

RELEVANT PLANNING HISTORY

August 2015: Remodel of existing bungalow. Refused for the following reasons (APP/15/00660/F):

The additional floor to the existing bungalow would create a two-storey house extending along the entire side boundary with No.36 Mayfield Avenue, which occupies a much smaller plot. This would be overly dominant and oppressive, and would significantly harm the amenities of those neighbours, most particularly in respect of their use and enjoyment of the rear garden. This would therefore be contrary to the provisions of Policy DM1 of the Poole Site Specific Allocations and Development Management Policies adopted 2012.

Because a first-floor bedroom would be served only by high-level and obscure glazed windows, the proposed development would result in poor living conditions for the future occupants by reason of the lack of outlook from this habitable room. The proposal would not therefore deliver housing of a sufficiently high quality and standard of design, contrary to the objectives of the National Planning Policy Framework and the provisions of Policies PCS05 and PCS23 of the Poole Core Strategy 2009 and Policy DM1 of the Poole Site Specific Allocations and Development Management Policies DPD 2012.

March 2016: Remodelling of existing bungalow. Approved. (APP/16/00140/F)

PRE-APPLICATION ADVICE

None.

COMMUNITY CONSULTATION

None.

CONSULTATIONS

Transportation Services: Support the proposal, subject to conditions.

REPRESENTATIONS

One representation has been received objecting to the proposal on the grounds that:

The proposal will run a two storey building along and beyond the boundary of no. 36, and would be overbearing

Loss of light to rear of property from increased building height


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POLICY AND GUIDANCE

STRATEGIC CONTEXT


LOCAL CONTEXT



PCS05 Broad Locations for Residential DevelopmentPCS23 Local DistinctivenessPCS28 Dorset Heaths International DesignationsPCS31 Sustainable Energy - GeneralPCS32 Sustainable HomesPCS35 Energy And Resources Statements


Development Management Policies:DM1 DesignDM7 Accessibility and SafetyDM8 Demand ManagementDM9 Green Infrastructure and Biodiversity

Supplementary Planning Documents:

Parking and Highway Layout in Development

PLANNING JUDGEMENT

The proposal is for the demolition of the existing bungalow and replacement with a contemporary two-storey house. This is acceptable in principle since the replacement house would retain the existing pattern and grain of development within the street. There is a mixture of bungalows; chalet bungalows; and two-storey houses in Mayfield Avenue, and a two-storey house would be in keeping with this character. However, the design of the proposal with mono-pitch and flat roof forms; modern materials; enlarged fenestration; and segmented elements, would not contribute positively to the character of Mayfield Avenue, where traditional designs, materials and roof forms predominate. The proposal would disrupt the traditional streetscene setting; would not contribute positively to it; and has little regard to the existing character of the area. The proposals would therefore be contrary to the provisions of Policies PCS05 and PCS23 of the Poole Core Strategy 2009.

The proposal would cause some shading to No. 32, but this would be mainly to the driveway and whilst there would be some shading to windows on the side of No.32, this would not be materially harmful to the living conditions of those rooms. There would be no

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significant overshadowing to any other property.

The proposal would significantly increase the bulk of the existing bungalow. The neighbouring house at No.36 Mayfield Avenue is on a much smaller plot than the application site with only a small rear garden and the proposal would extend along the entire side boundary of No.36, and beyond. Whilst the design would be marginally less oppressive than that refused in August 2015 for extensions and alterations, given the slightly lower eaves height, and lower overall height, the proposal would again be overly dominant and oppressive. The proposals would therefore be materially harmful to the amenities of these adjacent residents, most particularly in respect of their use and enjoyment of the rear garden. The proposals would therefore be contrary to the provisions of Policy DM1 of the Site Specific Allocations and Development Management Policies adopted 2012.

The windows on the front elevation would not give rise to harmful overlooking as they would be within the public realm. Windows on the rear would have some oblique views into rear gardens of properties on Boulnois Avenue and No.32 Mayfield Avenue, but these would not lead to a harmful loss of privacy since they would reflect the mutual overlooking that already exists between adjacent homes. A velux window serving a bathroom would be directly opposite a first-floor window on the side elevation to No.32 and it would be reasonable to condition this window to be obscure glazed to protect the privacy of No.32. The ground floor door and windows proposed on the side elevation would not give rise to a loss of privacy to neighbouring properties. Privacy screening to the sides of a proposed first-floor balcony on the rear elevation would prevent any material loss of privacy to both 7 Boulnois Avenue and 32 Mayfield Avenue. This could be secured by condition.

The proposal allows for one car to park on the existing drive and one to park in the garage which would meet the requirements of the Parking SPD, and the access would remain as existing, maintaining highway safety.

Replacement of the existing house would require compliance with modern standards on insulation, energy and water efficiency, securing a sustainable development. The scheme would be required to achieve 10% of its energy needs on site. The applicant has submitted an Energy and Resources Statement, and suggests that the required level of renewables can be provided on site, and this could be secured by condition to give the applicant flexibility in achieving this level.


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

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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.


This application currently falls into CIL Zone C which at present has a CIL chargeable rate of £75 per square metre of chargeable residential floorspace. The chargeable residential floorspace for this development will be calculated against this rate and indexed against the BCIS All-in Tender Price Index. The precise CIL liability in relation to this application will be confirmed in the CIL Regulation 65 Liability Notice which will be issued as soon as practicable after the day on which a planning permission first permits development.

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.

CONCLUSION

The proposal, by way of design, would disrupt and be at odds with the traditional streetscene character, and would not contribute positively to the area, contrary to PCS05 and PCS23 of the Poole Core Strategy (2009), and would be harmfully oppressive and dominant to No.36 Mayfield Avenue, contrary to DM01 of the Site Specific Allocations and Development Management Policies (adopted 2012), and therefore this proposal is recommended for refusal.

RECOMMENDATIONIt is therefore recommended that this application be Refused for the following reasons:

Reasons

1. RR000 (Non Standard Reason)By reason of its design; materials; fenestration; and segmented elements, the proposal has little regard to the existing character of the area and the resultant building would be out of character and at odds with the existing streetscene. The proposal would not contribute positively to the existing street and is therefore contrary to the provisions of Policies PCS05 and PCS23 of the Poole Core Strategy adopted 2009.

2. RR000 (Non Standard Reason)The proposal would create a two-storey house extending along the entire side boundary with No.36 Mayfield Avenue, which occupies a much smaller plot. The significant increase in bulk would be overly dominant and oppressive, and would significantly harm the amenities of those neighbours, most particularly in respect of their use and enjoyment of the rear garden. This would therefore be contrary to the provisions of Policy DM1 of the Poole Site Specific Allocations

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and Development Management Policies adopted 2012.

Informative Notes

1. IN73 (Working with applicants: Refusal)

2. IN76 (List of Plans Refused)

ITEM NO 06APPLICATION NO. APP/16/00404/FAPPLICATION TYPE HouseholderSITE ADDRESS 46 Springdale Avenue, Broadstone, BH18 9EU

PROPOSALS Replacing the recently demolished garage with a new timber garage/summerhouse in the rear of the garden.

REGISTERED 14 March, 2016APPLICANT Mr RobertsAGENT Dimension3

WARD Broadstone

CASE OFFICER Chloe Harrod

INTRODUCTIONThis application is brought before committee because of the history of the site.

Recommendation for Grant with Conditions

THE PROPOSAL Replacing the recently demolished garage with a timber garage/summerhouse in the rear of the garden.

MAIN ISSUES


Appearance of the proposal Impact on the streetscene and character of the area Impact on neighbouring privacy and amenities Parking provisions and highway safety Protected trees

SITE DESCRIPTION

The application site is a detached chalet bungalow occupying a corner plot with frontage to both Springdale Avenue and Lancaster Drive. The 'L-shaped' site includes land to the

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rear of No.44 and has vehicular access off both Springdale Avenue and Lancaster Drive. The boundary treatment to Lancaster Drive is a mix of fencing, dwarf brick wall and hedge and increases in height to reflect the change in levels of the site and the highway. There are protected trees on the neighbouring site at No.2 Lancaster Drive which are adjacent to the rear boundary of the application site.


2005: Outline Application to sever land at the rear and erect a single storey dwelling and garage; demolish garage at the rear of No.46 to provide access to proposed dwelling. Refused due to the insufficient plot size, impact upon character and occupiers of the new dwelling and impact given the dwelling position near the TPO trees. 05/38145/001/P

2005: Outline Application to sever land and erect a single storey dwelling and single linked garage; demolish garage at rear to provide access to proposed dwelling from Lancaster Road. Refused. 05/38145/003/P

2013; Roof extension to form gables and dormers to provide first floor accommodation and rear extension to kitchen. Approved. APP/13/00822/F

2014: Rear kitchen extension, loft conversion raising ridge height and creating new roof with new gables and dormers. Approved. APP/14/00106/F

2014: Replacement of existing garage with a new timber garage/summerhouse. Refused due to the harmful impact on the amenities of No.44 Springdale Avenue. APP/14/00799/F

2014: Install new dormer on north east elevation to match dormers on south west elevation (velux windows to be removed). (Retrospective). Approved. APP/14/0122/F

2016 - Replacing the recently demolished garage with a new timber garage/summerhouse in the rear of the garden was withdrawn. APP/16/00074/F

2016 - Remove the existing fence and wall on the side elevation of the property facing Lancaster Drive. Install new brick wall with piers and timber infill panels. New wall to be similar in height to the existing, stepped to suit ground level with new gates to suit. Approved. APP/16/00138/F


None.


None.

CONSULTATIONS

Transportation Services: No highway objections.

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REPRESENTATIONS

Representations have been received objecting to the proposal raising the following points:

Arboricultural report highlights the protected trees as mature trees of high quality, but only addresses root protection areas

Structure is over large for its stated purpose; increases density of buildings in the area; the ground floor is larger than that previously proposed for a bungalow and garage on the site in 2005; and the building could become a seperate house

Context plans are inaccurate. Building could be located elsewhere to avoid the Root Protection Areas Will add to existing surface water problems Loss of privacy; light; outlook (view); overshadowing of neighbouring gardens; and

noise disturbance Largely the same building as that refused in 2014. The roots of the protected tree have caused damage to No.2 Lancaster Drive


POLICY AND GUIDANCE

STRATEGIC CONTEXT


LOCAL CONTEXT



PCS23 Local Distinctiveness


Development Management Policies:DM1 DesignDM7 Accessibility and SafetyDM8 Demand Management

PLANNING JUDGEMENT

The proposal would sit comfortably on the site. The site is larger than those around it and could accommodate the proposed building and use without becoming overdeveloped. The proposed materials and appearance of the building would be in keeping with and preserve the existing character of the area. The proposal would be visible from Lancaster Drive, particularly from the vehicular access to the sitem, but would be set back 14m. from the highway, having the scale and character of a domestic garage outbuilding, and would not therefore appear overly prominent.

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The proposed building would be 16.7m. from the rear of the two storey house at No.44, behind an existing fence. It would be 5m. in height to the ridge, and 2.5m. to the eaves. The building would be single storey with a hipped roof sloping away from all neighbouring boundaries, and would not be overbearing to neighbouring properties. The proposal would cause no significant shading to any adjacent home, and the changes to the roof design, since the refused 'cropped gable' design, have significantly reduced the bulk and volume of the roof such that it would not cause any material loss of amenities to No.42. or any other adjacent home.

The velux windows to the storage space within the roof space could potentially give rise to overlooking of no. 2 Lancaster Drive and should therefore be required by condition to be obscure glazed. The doors and ground floor windows would not give rise to any overlooking or loss of privacy to neighbouring properties.

Two protected trees adjacent to the application site at no.2 Lancaster Drive have been identified in the Arboricultural Impact Assessment as 'Category A' trees. The proposal would be situated within the margins of the Root Protection Areas of these trees and the Council's Arboricultural Officer is satisfied, following amendments to the proposals to address initial concerns, that the siting and associated construction method of the building will not harm the trees.

As the existing drive and access will be utilised to access the garage, there would be no impact on highway safety, and the proposed parking would be acceptable.

It should be noted that buildings within the curtilage of a dwellinghouse 'for purposes incidental to the enjoyment of the dwellinghouse as such' can be built as 'permitted development' up to 4m. high if located 2m. away from any neighbouring boundaries . This 'fallback position' is material to the consideration of this application.


Not applicable.


Not applicable.

CONCLUSION

The proposal would sit comfortably on the plot; would integrate into the streetscene; would not harm neighbouring amenities and privacy; would have an acceptable relationship with the protected trees; and would maintain highway safety and parking. The application is therefore recommended for approval.

RECOMMENDATIONIt is therefore recommended that this application be Granted with Conditions subject to the following:

Conditions

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3. GN090 (Obscure Glazing of Window(s))Both in the first instance and upon all subsequent occasions, the velux windows on the north west elevation on the approved plan (drawing no. 124 - 02B) 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.

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).

4. GN100 (No Further Windows in Specified Elevation)Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 and the Town and Country Planning Act 1990 or any subsequent re-enactments thereof, no further windows/dormer windows (other then those expressly authorised by this permission) shall be constructed in the north west, north east and south east elevations (such expression to include the roof and wall) of the extension/building hereby permitted.

Reason -To avoid loss of privacy to adjoining properties and in accordance with Policy DM1(v) of the Site Specific Allocations & Development Management Policies (April 2012).

5. TR010 (Arb Method Statement-Submission Required)


Informative Notes


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ITEM NO 07APPLICATION NO. APP/16/00591/FAPPLICATION TYPE HouseholderSITE ADDRESS 41 Wharfdale Road, Poole, BH12 2EE

PROPOSALS Proposed garden shedREGISTERED 15 April, 2016APPLICANT Mr MarkinAGENT Mr Stone

WARD Branksome West

CASE OFFICER Monika Kwiatkowska

INTRODUCTIONThis application is brought before committee at the request of Cllr. Eades.


THE PROPOSAL Proposed garden shed

MAIN ISSUES

The principal issues for consideration in this case relate to:

Impact on the character and appearance of the area Impact on the neighbouring amenity

SITE DESCRIPTION

41 Wharfdale Road is a detached bungalow elevated above street level on a steeply terraced plot. There is a driveway to the side of the property serving a garage. In common with the adjacent bungalows, the rear garden comprises narrow terraces rising steeply above the bungalow. There is therefore already mutual overlooking from these raised rear terraces since boundary fences are mostly either low or non-existent.


2014: Loft conversion and rear extension. Approved (APP/14/00295/F)


None.

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None.

CONSULTATIONS

None

REPRESENTATIONS

One letter of objection has been received in which the following concerns are raised: Overlooking and loss of privacy to the occupiers of No 39 Wharfdale Road The potential use of the building as an office Out of character with the area Unstable ground

Cllr. Eades has also raised the following concerns: Loss of privacy to the neighbouring homes Overlooking of the open space of Branksome Rec, due to proposal’s prominent

location Out of keeping with the residential character of the area


POLICY AND GUIDANCE

STRATEGIC CONTEXT


LOCAL CONTEXT


Poole Core Strategy (Adopted February 2009)PCS23 Local Distinctiveness

Poole Site Specific Allocations & Development Management Policies DPD Development Management Policies (Adopted April 2012)DM1 Design PLANNING JUDGEMENTThe shell of the proposed garden shed has been constructed but it is currently unfinished and not roofed.

Impact on the character and appearance of the area:The single-storey building would have two windows and a flat roof. Due to its elevated position in the rear garden, glimpses of the building are visible in the streetscene. This would not be untypical as other outbuildings and houses on the higher ground to the rear are visible from Wharfdale Road. Whilst the local topography is such that the proposed

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garden shed is on the highest ground, there are other garden buildings and patios similarly located in the elevated rear gardens of neighbouring homes. The proposal is therefore in keeping with the existing character of the area. The proposed building would have rendered and tile-hung elevations and would reflect the appearance of the existing bungalow and would also compliment the appearance of the extended dwelling as approved in 2014. The implementation of that planning permission would extend the existing bungalow and increases the bulk of the roof by adding dormers and this would further reduce views of the shed from the adjacent street.

Impact on the neighbouring amenity:The elevated position of the proposed garden shed affords views across the back gardens and towards the rear elevations of neighbouring homes. This relationship is an existing one since as there is another small outbuilding in the back garden of No 41, and the proposal will not increase any existing overlooking.

Its size; orientation; and location are all such that the building will not give rise to loss of light or shadeing to any neighbouring homes.

Other considerations:The proposal is a domestic garden shed intended to be used ancilliary to the enjoyment of the house. Whilst concerns have been raised about the potential use of the building as an office, any future use of the building in a manner that represented a material change of use would require a further planning permission. It would not therefore be appropriate to refuse the current application because of this concern.

The application site benefits from permitted development rights. To comply with the requirements of the General Permitted Development (Order) 2015, the height of the building could not exceed 2.5m. As the outbuilding is sited on a sloping ground and its maximum height would be 3.25m. it exceeds this requirement by some by 760mm. In all other respects the proposal complies with the General Permitted Development (Order) 2015. This fall-back position is material to the considerations of this application.

CONCLUSION

The proposal complies with relevant policies and is therefore recommended for approval.


Conditions


2. AA01 (Non standard Condition)The materials to be used for the external wall and roof of the garden shed shall be as specified on the approved drawings.

Reason -To ensure a satisfactory visual relationship of the new development and that

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existing and in accordance with Policy PCS23A of the Poole Core Strategy (February 2009).


Informative Notes


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ITEM NO 08APPLICATION NO. APP/16/00407/FAPPLICATION TYPE FullSITE ADDRESS 309-311 Blandford Road, Poole, BH15 4HP

PROPOSALS Remodel and extend existing bungalow at 311 Blandford Road and erect 3 no. dwellings to R/O 309 and 311 Blandford Road

REGISTERED 9 March, 2016APPLICANT Bourn HomesAGENT EMPERY + CO LTD

WARD Hamworthy East

CASE OFFICER Eleanor Godesar

INTRODUCTIONThis application is brought before committee because it is close to the home of a

Councillor

Recommendation for Grant With CIL Contribution

THE PROPOSAL Remodel and extend existing bungalow at 311 Blandford Road and erect 3 no. dwellings to R/O 309 and 311 Blandford Road

MAIN ISSUES

The principal issues for consideration in this case relate to:Impact on the setting and character of the site and surrounding area Impact on residential privacy and amenities Highway safety, access and parking Trees Section 106 Agreement/CIL compliance

SITE DESCRIPTION

The application site is on the southwest side of Blandford Road. The immediate area comprises a mixture of detached and semi-detached houses and bungalows in a variety of styles. The proposed houses would be to the rear of no. 309 Blandford Road, a detached two-storey house, and no. 311 Blandford Road, a detached bungalow.

There are several protected trees located toward the west of the site and several along the north boundary.

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2014: Sever land to rear of No's 309 and 311 and construct two detached 4-bedroom houses together with associated car parking accessed from Blandford Road was refused (APP/14/00706/F).

2016: Application to demolish existing bungalow (No.311) and erect 3no. dwellings at 311 Blandford Road and to R/O 309 and 311 Blandford Road (Revised Scheme) was Approved (APP/15/01685/F).


None


None

CONSULTATIONS

Transportation Services: No highway objection

Natural England: No objection

REPRESENTATIONS

One representation raising concern about tree root systems and the impact of the proposal on the health of the trees and the safety of any dwelling on the site.


POLICY AND GUIDANCE

STRATEGIC CONTEXT


LOCAL CONTEXT



PCS05 Broad Locations for Residential DevelopmentPCS32 Sustainable HomesPCS31 Sustainable Energy - GeneralPCS28 Dorset Heaths International DesignationsPCS26 Delivering Locally Distinctive, Self-Reliant PlacesPCS23 Local Distinctiveness

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DM8 Demand ManagementDM7 Accessibility and SafetyDM1 Design

PLANNING JUDGEMENT

Character and Appearance of the Area

The principle of a new access between No. 309 and 311 Blandford Road and principle of severing the land to construct two detached dwellings in the rear was accepted on the previous application (APP/15/01685/F).

The current application is similar in layout to the extant permission, however, it proposes to sever the land to construct one detached dwelling and two semi-detached dwellings. Whilst the resultant plot sizes would be smaller than previously approved, they still assemble sufficient land which would preserve the area’s residential character in terms of type of dwelling, scale of development, plot size, density and layout. The area is characterised by a mix of plot sizes, many which are smaller than would result from the proposal.

Neighbouring Privacy and Amenity

The proposed dwellings at Plots 2, 3 and 4 would preserve neighbouring amenity and privacy in terms of light, outlook, overbearing impact and overlooking as a result of their distance from surrounding dwellings.

The proposed replacement dwelling for no. 311 (Plot 1) would be approximately 1.37 metres higher than the existing bungalow, however, it would also have greater separation from no. 309. The proposed first floor roof windows associated with the hall and stairs would be positioned above eye-level. As such, the proposed replacement dwelling would preserve neighbouring amenity and privacy.

Trees

An Arboricultural Tree Survey, Impact Assessment and Method Statement has been received with the application. The layout of driveway, parking and turning would be similar to the extant permission.

The proposal would result in a more intensive development than the extant permission. The three dwellings to the rear would have sufficient separation between them and adjacent tree canopies to ensure a sustainable relationship. As such, adequate amenity space would be provided which would be outside the effects of shading dominance and detritus from trees.

Further details regarding the method of implementation could be secured through conditions.

Other Matters

Like the approved scheme, the current proposal shows an access drive running

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between 309 and 311, served by a shared new access from Blandford Road, in a similar position to the existing access currently serving 309.

The access kerb crossing will be required to be widened to accommodate the new access. In addition, the existing kerb crossing currently serving 311 will need to be raised.

The access will be wide enough at the entrance to allow vehicles to pass, and will also include adequate pedestrian visibility splays.

Each new property would have 2 dedicated parking bays, and there would also be one visitor bay. The proposal would therefore meet parking guidelines. There would also be space for onsite turning.

Bin storage would be provided near to the proposed dwellings which would be large enough to accommodate two bins. It would be the responsibility of the occupiers to move their bins to the site entrance for kerbside collection and return the bins to their property after collection.

The Energy and Resources statement submitted as part of this application sets out how the proposed development could comply with the requirements of Policies PCS32 and PCS35. Being new build, it would be readily possible to achieve an energy efficient and sustainable development to meet a minimum of 10% of predicted energy use.


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.

In addition, a new planning contribution also came into effect 8th April 2015. The site is beyond 400 metres of Heathland SSSI, but within 5km and as such, the proposal additional net increase in dwellings may be acceptable subject to appropriate mitigation of impact upon heathlands. The contribution will be taken from all qualifying residential development to fund Strategic Access Management and Monitoring as part of the Dorset Heathland Planning Framework, the overarching strategy for managing the adverse effects of development upon the internationally important Dorset Heathlands. The charge is based on the cost of delivering SAMM in Poole and is £355 per additional house + admin fee. This proposal requires such a contribution and would be payable either through a Unilateral Undertaking or Section 111 agreement. The applicant has submitted a Section 111 Agreement and paid the contribution of £1065 + admin fee upfront.

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If this development is granted permission and the dwellings built, the Council will receive £4317 in each of the following six years from the dwellings completion a total of £25902 in government grant under the New Homes Bonus. This application currently falls into CIL Zone C which at present has a CIL chargeable rate of £75 per square metre of chargeable residential floorspace. The chargeable residential floorspace for this development will be calculated against this rate and indexed against the BCIS All-in Tender Price Index. The precise CIL liability in relation to this application will be confirmed in the CIL Regulation 65 Liability Notice which will be issued as soon as practicable after the day on which a planning permission first permits development.

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 attached 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.

CONCLUSION

The proposal can assemble sufficient land to accommodate a type, scale, density and layout of development which preserves the area’s residential character and does not harm the amenities of local residents.

RECOMMENDATIONIt is therefore recommended that this application be Granted With CIL Contribution



3. AA01 (Non standard Condition)The development hereby approved shall be carried out in accordance with materials and colours listed on the approved plan.

Reason -To ensure that the external appearance of the buildings is satisfactory and in accordance with Policies PCS23A of the Poole Core Strategy (February 2009).




7. GN020 (Screen Fencing/Walling)

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9. HW200 (Provision of Visibility Splays)

10. AA01 (Non standard Condition)A scheme to close the existing access (which is to be made redundant) shall be submitted to and approved in writing with the Local Planning Authority. The scheme shall include provision to raise the existing lowered kerbs, and reinstate the footway to the existing access and shall comply with the standards adopted by the Local Highway Authority. All works shall be completed in accordance with the approved scheme prior to first occupation/use of the development.

Reason: In the interests of highway safety in accordance with PCS15 of the Poole Core Strategy (2009), and DM7 and DM8 of the Site Specific Allocations and DevelopmentManagement Policies DPD (2012).

11. HW230 (Permeable surfacing condition)

12. TR010 (Arb Method Statement-Submission Required)

13. TR040 (Pre-commencement Meeting)

14. TR110 (Arboricultural Supervision)

15. TR080 (Replanting of Specified Number of Trees) (4 trees)

Informative Notes



3. IN81 (SAMM Approval)

4. IN12 (Kerb Crossing to be Raised)

5. IN13 (Kerb Crossing to be Lowered)

6. IN67 (No Pruning Works)

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ITEM NO 09APPLICATION NO. APP/16/00627/FAPPLICATION TYPE HouseholderSITE ADDRESS 8 Winterhayes Close, Poole, BH17 9HP

PROPOSALS Extend existing garage to rear to create new store room. Extend at first floor over existing garage and extension to create new master bedroom with ensuite bathroom.

REGISTERED 20 April, 2016APPLICANT Mr & Mrs DrummondAGENT Mr Richards

WARD Canford Heath West

CASE OFFICER Laura Archer

INTRODUCTIONThis application is brought before committee because the application site is adjacent to a Councillor's home.

Recommendation for Refuse

THE PROPOSAL Extend existing garage to rear to create new store room. Extend at first floor over existing garage and extension to create new master bedroom with en-suite bathroom (revised scheme).

MAIN ISSUES


character, setting and appearance residential amenity

SITE DESCRIPTION

No.8 is a two-storey detached house at the end of a cul-de-sac in Winterhayes Close. The surrounding properties are similar in style but vary in footprint and scale. The application site is within 400m. ofCanford Heath.


March 2016: Extend the existing garage to rear to create new store room and extend at first floor over existing garage to create new master bedroom with en-suite bathroom. Approved (APP/16/00164/F).

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None.


Neighbour notifications.

CONSULTATIONS

None.

REPRESENTATIONS

None received as of yet however the consultation period does not expire until 20/05/2016.


POLICY AND GUIDANCE

STRATEGIC CONTEXT


LOCAL CONTEXTThe following policies are listed as applying to this application.


PCS23 Local DistinctivenessPCS15 Access and Movement


Development Management Policies:DM1 DesignDM7 Accessibility and Safety

PLANNING JUDGEMENT The proposal is to extend the existing garage to rear to create new store room; and to extend at first floor over existing garage to create new master bedroom with en-suite bathroom. The current proposal differs from the previously approved scheme only in that the garage doors to the front elevation would be replaced with one double door and weatherboard cladding would replace matching facing brick for the first floor extension.

The replacement of the two existing garage doors with a single double garage door is acceptable.

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The proposal to clad the walls of the first floor extension with weatherboard represents a significant change to the character of the proposed works. Whilst there is already a small area of dark brown cladding on an existing gablet on the roof, the existing house, in common with surrounding homes, has facing brick elevations and dark brown joinery. The proposed cladding in light coloured weatherboard ('pale gold') would neither match nor complement these existing materials nor the character of the street.

Whilst there is light coloured render on some properties in the wider area, there are no examples of weatherboard cladding being used in the manner proposed. Moreover, since the proposed extension is completely flush with the existing front and rear elevations of the house the use of weatherboard in the manner proposed would create an awkward and incongruous transition between the existing building and the proposed extension.

The proposal, by reason of the proposed materials, would not respect the setting and character of the site and the surrounding area, contrary to the provisions of Policy PCS23 of the Poole Core Strategy adopted 2009.


N/A.


N/A.

CONCLUSION

The proposal is considered contrary to policy PCS23 and is recommended for refusal.

RECOMMENDATIONIt is therefore recommended that this application be Refused for the following reasons:

Reasons

1. RR000 (Non Standard Reason)By reason of the introduction of weatherboard cladding, which is not a material that is characteristic of the existing building or its setting, the proposals do not respect the character and setting of the application site and the surrounding area. The proposals would therefore be harmful to the amenities of the area and streetscene and contrary to the provisions of Policy PCS23 of the Poole Core Strategy (adopted 2009).

Informative Notes

1. IN73 (Working with applicants: Refusal)

2. IN76 (List of Plans Refused)

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ITEM NO 10APPLICATION NO. APP/16/00534/FAPPLICATION TYPE HouseholderSITE ADDRESS 20A Upper Golf Links Road, Broadstone, BH18 8BX

PROPOSALS Rear single storey extensionREGISTERED 7 April, 2016APPLICANT Mr & Mrs TrembathAGENT DOT Architecture

WARD Broadstone

CASE OFFICER Monika Kwiatkowska

INTRODUCTIONThis application is brought before committee because of its proximity to a Councillor's home.


THE PROPOSAL Rear single storey extension

MAIN ISSUES


Impact on the character and appearance of the area Impact on the neighbouring amenity Impact on protected trees Impact on Bourne Valley SSSI

SITE DESCRIPTIONThe application site is a two-storey detached house in an area characterised by large detached houses on spacious plots. The site has a large rear garden which is enclosed by a 1.8 metre fence and a hedge with a height of approximately 2.5 metres to the sides and rear. The house is constructed has brick and render elevations. The application site is covered by a Tree Preservation Order and there are several trees in the front and back gardens.


None

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None


None

CONSULTATIONS

None

REPRESENTATIONS

None


POLICY AND GUIDANCE

STRATEGIC CONTEXT


LOCAL CONTEXT


Poole Core Strategy (Adopted February 2009)PCS23 Local Distinctiveness

Poole Site Specific Allocations and Development Management Policies DPD (Adopted April 2012)DM1 DesignDM9 Green Infrastructure and Biodiversity PLANNING JUDGEMENT

Impact on the character and appearance of the area:

The proposal, by way of design, scale and position at rear of the existing house, would have no impact on the visual amenities of the area. The use of timber cladding in the manner proposed, at the rear of the house, would respect the character of the area and the appearance of the house.

Impact on the neighbouring amenity:

The proposal would not give rise to any overlooking; overbearing; or overshadowing that would have an impact on the amenities of any neighbouring property.

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The proposal would retain an existing first-floor balcony, over an existing single-storey extension, which would not be extended.

Impact on protected trees:

The application site is covered by a Tree Preservation Order and there are trees in the back garden. The proposals are nevertheless attached to the existing building; on an existing patio; and sufficiently distant from any tree such that the proposals would not directly result in harm toany protected tree. The trees can be protected from any incidental damage during construction works by an appropriate condition.

Impact on Bourne Valley SSSI:

The application site is located within 400m of Bourne Valley SSSI, however, due to the small scale of the proposal, it would have no adverse impact upon the protected habitat.

CONCLUSION

The proposal complies with relevant policies and is therefore recommended for approval.

BACKGROUND PAPERS

None


Conditions


2. TR070 (Tree Protection - Protective Fencing)


Informative Notes


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