APPLICATION NO. APPLICATION TYPE SITE ADDRESS APP/15/00608/F Full 41 Green Road, Poole, BH15 1QH PROPOSALS Alterations and extensions to form a flat unit REGISTERED 13 May, 2015 APPLICANT DWP Housing Partnership AGENT Ken Parke Planning Consultants WARD CASE OFFICER Poole Town Caroline Palmer INTRODUCTION This application is brought before committee as Councillor Howell has submitted a red card due to residents concerns. Recommendation for Grant With CIL Contribution THE PROPOSAL Alterations and extensions to form a flat unit. MAIN ISSUES The principal issues for consideration in this case relate to:- The impact on the street scene and the character of the area. The impact on the amenities of neighbouring properties. Transportation issues. Flooding issues. Sustainability issues. Section 106 Agreement/CIL compliance SITE DESCRIPTION The application site is located at the junction of Emerson Road and Green Road. The existing property is a two-storey building occupied as four flats. A small area of amenity space is located at the side of the site. There is a shared parking area that can accommodate five cars. The north east side of Green Road is characterised by two-storey Victorian terraced houses. The south west side of the street is a mix of Victorian terraced houses and
blocks of mid twentieth century flats. The application site is a transition site as it is not a typical Victorain terrace, lies opposite a large block of flats and is currently used as a parking area. RELEVANT PLANNING HISTORY 08/21417/006/F - Erect a 2-storey extension to form an attached house with detached bike & bin stores & parking accessed from Green Road (Revised Scheme). Refuse 25/09/2008. Reason for refusal: The proposal fails to provide finished floor levels that would minimise the risk of flooding of the property in a known area of flood risk, contrary to the advice set out in PPS25 Development and Flood Risk. Furthermore, safe access and egress to the site in the event of flooding cannot be secured. The proposed development is therefore contrary to Policy NE31 of the Poole Local Plan First Alteration 2004 (as amended by Secretary of State Direction 2007). 07/21417/005/F - Two storey side extension to form semi-detached house with associated cycle store and parking. Refuse 21/03/2007. Appeal dismissed 18/03/2008. Reasons for refusal: 1. The development proposed, by reason of the shortfall of car parking provided to serve the site, and in the absence of any provision to meet the parking shortfall of the development elsewhere, would be of detriment to highway safety in the vicinity of the application site. The proposals are therefore contrary to Policy T13 of the Poole Local Plan First Alteration (Adopted 2004). 3. The development proposed, by reason of the level of hard surfacing and building on the site that would be created and in the absence of sufficient landscaping to provide a setting for the development or meet the functional needs of potential occupiers would result in the overdevelopment of the site and be of detriment to the character and appearance of the area. In this respect the proposals are contrary to policies BE1 and H4 of the Poole Local Plan First Alteration (Adopted 2004). The other two reasons for refusal related to the payment of contributions. PRE-APPLICATION ADVICE None. COMMUNITY CONSULTATION As agreed procedures.
CONSULTATIONS Environment Agency - Refer to standing advice. Natural England - No objection subject to the payment of CIL and SAMMS contributions. The Head of Transportation Services - No objection subject to conditions. REPRESENTATIONS Three letters received from local residents raising concerns including: The impact on car parking. The lack of amenity space. The impact on the amenities of neighbouring properties in relation to loss of light, outlook and privacy. 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: Poole Core Strategy (Adopted February 2009) PCS23 PCS05 PCS28 PCS31 PCS32 PCS34 PCS35 PCS37 Local Distinctiveness Broad Locations for Residential Development Dorset Heaths International Designations Sustainable Energy - General Sustainable Homes Flood Risk Energy And Resources Statements The Role of Developer Contributions in Shaping Places Poole Site Specific Allocations & Development Management Policies DPD (Adopted April 2012) Development Management Policies:
DM1 DM7 DM8 DM9 Design Accessibility and Safety Demand Management Green Infrastructure and Biodiversity PLANNING JUDGEMENT There have been two previous applications on this site which proposed the erection of an additional two-storey house attached to the existing house at 41 Green Road. The first of those applications was refused as a result of the shortfall in parking, overdevelopment of the site and the impact on the character of the area (the Planning Inspector only upheld the parking issues) and the second scheme (the same as the first with the addition of highways contributions) was refused as a result of flood risk (see Planning History section above). The impact on the street scene and the character of the area The current application is for the erection of a flat over a garage. The design of the proposed building has altered from the previous applications and has a lower ridge height and a wider frontage. The scale and design of the building would preserve the character of the street, given the fact that the application site is a transition site opposite a large, twentieth century block of flats and is currently used as a car park. The footprint of the proposed building would be set back from No.43 Green Road, which is the start of the Victorian terraced character and separated from this by a parking space. The proposed building would therefore not detrimentally impact upon the character of the rest of the street. The provision of the garage at the ground floor level would not be characteristic of the street. However, given the fact that the site is currently used as a parking area, this is not an unreasonable arrangement. The town centre is one of the main areas in the borough in which the construction of flats is encouraged. The proposed flat would have very little amenity space, to be shared with the four existing flats at No.41. However, the existing flats only have a very small amenity space as most of the site is used for parking and the flats opposite the site have no amenity space. As such, in this central town centre location with a tight urban grain, this level of amenity would be acceptable. The impact on the amenities of neighbouring properties The proposed scheme has been designed in such a way that ensures that it would cause no material harm to the light, outlook or privacy currently enjoyed by the occupiers of any adjacent home. There would be two rooflights in the proposed rear elevation. These would be secondary windows and could reasonably be obscure glazed by condition to ensure no overlooking to the garden of No.2 Emerson Road. The windows on the front elevation would be at a sufficient distance from the properties opposite, with an intervening road, so as not to cause harm to their privacy.
The scale, orientation and siting of the proposed building in relation to neighbouring properties would ensure that there would be no material harm to their light or outlook. Transportation issues The proposed scheme would provide four parking spaces for all five flats, which would accord with the Council s adopted Parking SPD, provided that the spaces are unallocated. It is important that this is secured by condition as the allocated figure is 7 spaces and the scheme would therefore be short of 3 parking spaces, and unlike the previous scheme (08/21417/006/F) the Council would no longer accept a commuted payments as mitigation. The proposals would require the existing vehicle access from Green Road to be widened and the kerb crossing extended. This may also require the relocation of an existing street lighting column. Whilst vehicles would be required to reverse onto the highway, this is presently the case and the proposals would not significantly increase vehicle movements. The proposals will provide adequate cycle parking (1 cycle per flat). Flooding issues As set in the overarching guidance contained within the Borough of Poole Flood Risk Management Strategy for the town centre area, and in the agreed Local Flood Risk Standing Advice, the levels of the proposed dwelling would need to be set no lower than 2.9 metres AOD. The ground floor of the proposed flat would incorporate garages and the living accommodation would therefore be set at a higher level than necessary for the proposal to comply with the flood risk requirements. Sustainability issues The proposed scheme would need to meet the requirements of Policies PCS31 and PCS32 of the Poole Core Strategy and as such a condition requiring the development to be built to the relevant level of the Code for Sustainable Homes should be imposed. 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 2 nd 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 with 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 will enter into a unilateral agreement to pay the contribution of 242 on commencement of development. FINANCIAL CONSIDERATIONS If this development is granted permission and the dwellings built, the Council will receive 1439 in each of the following six years from the dwellings completion a total of 8634 in government grant under the New Homes Bonus. 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 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. The scheme should be approved in any event, or the scheme should be refused in any event. CONCLUSION For the reasons given in the Planning Judgement section above, the proposal would comply with the provisions of the relevant policies in the Site Specific Allocations & Development Management Policies DPD and the Poole Core Strategy.
RECOMMENDATION It is therefore recommended that this application be Grant With CIL Contribution 1. GN150 (Time Expiry 3 Years (Standard)) The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission. Reason - This condition is required to be imposed by the provisions of Section 91 of the Town and Country Planning Act 1990 and amended by Section 51(1) of the Planning and Compulsory Purchase Act 2004. 2. GN050 (Matching Materials) The materials to be used for the external wall and roof shall be similar in colour and texture as the existing building. Reason - To ensure a satisfactory visual relationship of the new development and that existing and in accordance with Policy PCS23A of the Poole Core Strategy (February 2009). 3. GN090 (Obscure Glazing of Window(s)) Both in the first instance and upon all subsequent occasions, the roof lights on the rear (north east) elevation on the approved plan 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. GN160 (Sustainable Homes - Code Level 3) The dwelling(s) hereby permitted shall achieve Code Level 3 of the Code for Sustainable Homes. The dwellings shall not be occupied until a final Code Certificate has been issued for them certifying that Code Level 3 has been achieve. Reason: In order to ensure the delivery of a sustainable and energy efficient scheme and in accordance with Policies PCS31, PCS32(ii) and (iii) and PCS35 of the Poole Core Strategy Adopted Feb 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). 5. GN162 (Renewable Energy - Residential) Prior to the commencement of the development hereby permitted, details of
the use of on-site renewable energy sources to meet a minimum of 10% of predicted energy use of the 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, PCS32 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. HW100 (Parking/Turning Provision) The development hereby permitted shall not be brought into use until the access, garaging, vehicle parking and cycle parking shown on the approved plan have been constructed, and these shall thereafter be retained and kept available for those purposes at all times. None of the car parking bays shall be allocated to individual residents or residential units. Reason - In the interests of highway safety and in accordance with Policy PCS15 of the Poole Core Strategy (February 2009), and DM7 and DM8 of the Site Specific Allocations & Development Management Policies (April 2012). 7. PL01 (Plans Listing) The development hereby permitted shall be carried out in accordance with the following approved plans: Drawing number 8546/100 revision A received 29/04/2015 Drawing number 8546/102 revision A received 29/04/2015 Reason - For the avoidance of doubt and in the interests of proper planning. Informative Notes 1. IN72 (Working with applicants: Approval) In accordance with the provisions of paragraphs 186 and 187 of the NPPF the Borough of Poole (BoP) takes a positive and proactive approach to development proposals focused on solutions. BoP work with applicants/agents in a positive and proactive manner by; - offering a pre-application advice service, and - advising applicants of any issues that may arise during the consideration of their application and, where possible, suggesting solutions. - in this case the application was acceptable as submitted and no modification or further assistance was required
2. IN74 (Community Infrastructure Levy - Approval) Part 11 of the Planning Act 2008 and the Community Infrastructure Levy Regulations The proposed development referred to in this planning permission is a chargeable development liable to pay Community Infrastructure Levy (CIL) under Part 11 of the Planning Act 2008 and the CIL Regulations (amended). In accordance with CIL Regulation 65, Borough of Poole will issue a Liability Notice in respect of the chargeable development referred to in this planning permission as soon as practicable after the day on which planning permission first permits development. The Liability Notice will confirm the chargeable amount for the chargeable development referred to in this planning permission and will be calculated by Borough of Poole in accordance with CIL Regulation 40 (amended) and in respect of the relevant CIL rates set out in the adopted Borough of Poole Charging Schedule. Please note that the chargeable amount payable in respect of the chargeable development referred to in this planning permission is a local land charge. For information purposes, Borough of Poole reserves the right to issue a Liability Notice in respect of chargeable development as soon as is practicable following the grant of planning permission, but before the time on which that planning permission first permits development (the definition of when planning permission first permits development for the purposes of CIL is set out in CIL Regulation 8). However, any earlier Liability Notice issued by Borough of Poole in respect of the chargeable development referred to in this planning permission ceases to have effect at the point a subsequent (by date) Liability Notice in respect of the chargeable development referred to in this planning permission is issued by Borough of Poole. Please be aware that failure to pay CIL in accordance with the CIL Regulations and Council s payment procedure upon commencement of the chargeable development referred to in this planning permission may result in the Council imposing surcharges and taking enforcement action. Further details on the Council s CIL process including the assuming, withdrawing and transferring liability to pay CIL, claiming relief, the payment procedure, consequences of not paying CIL in accordance with the payment procedure and appeals can be found on the Borough of Poole website: http://www.boroughofpoole.com/planning-and-buildings/planning/ldf/communit y-infrastructure-levycommunity-infrastructure-levy/ 3. IN43 (Section 106 Agreement) The land and premises referred to in this planning permission are the subject of an Agreement under Section 106 of the Town and Country Planning Act 1990. 4. IN13 (Kerb Crossing to be Lowered)
The applicant is informed that the Local Highway Authority will require the footway and kerb to be lowered and reconstructed in the position(s) corresponding to the vehicular means of access to the site. This requirement is imposed in order to service the means of access; in order to prevent danger and Inconvenience to other road users and to pedestrians; and in order to prevent possible damage to highway surfaces. The work shall conform to a specification to be provided by the Highway Authority, or it may be required to be undertaken by the Authority itself. In either event, the work will be required to be undertaken at the applicant's expense. 5. IN00 (Non Standard Informative) The formation of the approved access may require that a street lighting column in front of the approved access be re-located at the applicants own expense. The applicant is advised to contact the Council's Transportation Services for further details.