Agenda item

Demolition of existing dwelling and erection of 7 flats with associated access and parking.

The Committee considered an application to demolish an existing dwelling and erect 7 flats with associated access and parking.

 

An update sheet was circulated to members before the meeting which corrected an error in the report that referred to an incorrect number of flats, details of 2 further representations and a change to Condition 7.

 

Members were shown a site location plan which included the outline of a previous scheme in 2008 to redevelop No 58 Preston Road into 6 flats approved by the former Weymouth & Portland Borough Council that had now lapsed.  The site of the application under consideration was to the south of that site.

 

Aerial photos were shown of previously approved flats at 12, 18, 42, 44, 46, 70 and 72 Preston Road on land formerly with detached properties within spacious grounds.  No 66 remained a vacant plot with permission for 7 flats. 

 

Another aerial photo showed Furzy Close wrapping around the site and the sloping nature of the application site. 

 

A number of photos were shown of the existing access and dilapidated bungalow and its relationship with the neighbouring properties, including

4 Furzy Close.

 

The proposed site layout plan included a hardstanding for 10 parking spaces including 3 car port structures, bike spaces and bin storage.

 

There were a number of significant trees on the site protected by Tree Preservation Orders (TPOs) that had been subject to an arboricultural report.  A material commensurate with root protection of the TPO trees would be used in place of tarmac for the hardstanding. It was confirmed that the Tree Officer was content with the protection measures subject to conditions.

 

Members were shown the proposed elevations which drew comparisons with a previous withdrawn scheme for 8 units which was unduly dominant due to its mass, scale and bulk.  The proposed rear (east) and side (north) elevations were set into the slope of the site.

 

Floor plans, a roof plan, cross sections, landscaping plan and materials slide were also shown.

 

The key planning points were highlighted including:-

·         principle of development - presumption in favour of sustainable development

·         design and scale considered appropriate for the site

·         no significant impact on amenity

·         local urban character - previously developed land and viewed in relation to the neighbouring built form

·         highway safety - highways authority raise no objection

·         Nature conservation - Biodiversity Mitigation Plan considered acceptable subject to conditions

·         Community Infrastructure Levy (CIL) liable.

 

A number of written representations were received that were read out by the Technical Support Officer and are attached to these minutes.

 

Responding to comments in the representations concerning road safety, the Engineer (Development Liaison) advised that widening of the carriageway along Preston Road took place in 1995 and the road had also been downgraded to a B road, with traffic signposted towards Littlemoor Road and the Weymouth relief road.  The verge and footway along Preston Road were just under 4 metres wide.  The tree near the access to the site was part of a wide footway with the ability to see behind the tree.

 

The proximity of the access to the bus stop was acceptable with the presence of buses considered to be a temporary feature.  The presence of a bus route made the location more sustainable.

 

Cllr Shortell questioned obstruction of views by the large tree at the access to the site and from buses waiting at the bus stop as well as the provision of on-site parking for contractors.  He noted that the new development would be closer to the rear bungalow and that permissions granted for similar developments in Preston Road had not yet been built.  He considered the scheme to be cramped and overbearing and noted that the extant permission at No 58 Preston Road was for 6 units on a larger footprint when this application proposed 7 flats on a smaller footprint.

 

The Enforcement Manager stated that the permission for 6 flats at No 58 approved in 2008 had lapsed and should be disregarded. Parking would be covered under the Construction Environmental Management Plan and accommodated within the application site.

 

The Engineer (Development Liaison) noted that the highways tree outside of the application site had been retained as a result of the Preston Road widening scheme.  Although it had some light growth around the trunk that could be improved, the application could not be refused on this basis as there was sufficient visibility behind the tree.  Although a bus parked at the bus stop limited visibility temporarily in the other direction, there was sufficient clearance around the bus and for other road users to be able to react accordingly.

 

Members considered that, although part of Preston Road towards Overcombe had altered over time due to developments of flats, this was not the case in the area of this application which remained predominantly larger family homes with no flats.  It was considered that the application would therefore change the character of this part of Preston Road.  Members also questioned the demand for flatted developments in the area given that there were flats that had recently been built that remained for sale.

 

The Enforcement Manager suggested that the previous approval for 6 flats at No 58 Preston Road would have been the first of this type of development had the permission not lapsed.  The NPPF referred to making best and efficient use of land and this application sat in the context of Preston Road as a whole, rather than individual parts of the road.

 

Members also raised concerns regarding the size of the development in relation to the plot as being too small to accommodate 7 flats; that the scheme was overbearing for the space available; the impact on neighbours in Nos 54 and 58 Preston Road and 4 Furzy Close including loss of light; the proximity of the proposed development to No 58 Preston Road and the need to reuse existing buildings supported in the NPPF.

 

The Enforcement Manager stated that the report detailed the impact on No 58, in particular, the side amenity garden that was not the sole area for amenity for No 58. 

 

Some members felt that that a scheme of 5 flats over 2 storeys would reduce the impact of the development and lead to benefits without the negative aspects.

 

Members also asked about speed of traffic along Preston Road which was a police enforcement matter; the removal of largely ornamental trees that were not subject to a TPO and sewerage capacity, which was a utilities matter separate to this application.  A request was made for the Construction Management Plan to forbid use of the bus stop by construction traffic.

 

Cllr David Shortell proposed that the application be refused for reasons of layout and density; loss of light and overshadowing and highway safety. This was seconded by Cllr Louie O'Leary.

 

The Solicitor advised that the committee was entitled to form its own judgement in relation to matters of layout, density and loss of light.  However, refusal on the basis of highways safety could not be defended given that there was no objection by the Highways Authority.

 

The Committee adjourned between 15:30 - 15:40 in order that officers could formulate the wording of the reason for refusal based on the comments made by members of the committee.

 

Proposed by Cllr David Shortell, seconded by Cllr Louie O'Leary.

 

Decision:

That the application be refused for the following reason:-

 

1) The proposed development by reason of its layout, mass, scale and bulk would have an unduly dominating and overbearing impact on each of the side neighbouring properties at nos 54, & 58 Preston Road and 4 Furzy Close at the rear, that as a result would sit uncomfortably in relation to those neighbouring occupiers and would be detrimental to their amenity in respect of overshadowing and loss of light. Its mass, scale and bulk would be detrimental to the character and appearance of the area. As such the proposed development would be contrary to Policies ENV10; ENV12 & ENV16 of the adopted Weymouth & Portland and West Dorset Local Plan (2015); and Section 12 of the National Planning Policy Framework (2019) and in particular paragraph 127 which states amongst other things that decisions should ensure that developments provide a high standard of amenity for existing and future users.