Agenda and minutes

To receive any apologies for absence

An apology for absence was received from Councillor Bill Trite.

Given that the meeting was being held as a virtual meeting - in being

delivered as a MS Team Live Event – owing to the need to do so during the

coronavirus/Covid -19 pandemic, the Chairman took the opportunity to explain

how the meeting would take place, the way this would be done and the

reason for this. She explained the protocols and processes to be followed and

that doing so give gave the Council the ability to continue to fulfil its obligation

of delivering the planning function and determining applications.

To receive any declarations of interest

No declarations of disclosable pecuniary interests were made at the meeting.

Councillors Cherry Brooks and Beryl Ezzard having both served previously on

Purbeck District Council, mentioned that the Outline Planning Permission for application 6/2018/0606 - minute 96 - had been discussed and debated within that Council, and had made their views known, but as this application dealt solely with Reserved Matters, neither had come to a view on this aspect that would constitute their predetermination of the application, so felt able to participate fully in the meeting.

To confirm the minutes of the meeting held on 12 May 2020.

The minutes of the meeting held on 11 March 2020 were confirmed and would be signed when the opportunity arose.

Members of the public wishing to speak to the Committee on a planning application should notify the Democratic Services Officer listed on the front of this agenda. This must be done no later than two clear working days before the meeting. Please refer to the Guide to Public Speaking at Planning Committee.

Representations by the public to the Committee on individual planning applications are detailed below. There were no questions, petitions or deputations received on other items on this occasion.

To consider a report by the Head of Planning.

The Committee considered application 6/2018/0606 on a proposal for a development comprising 28 dwellings, of which 22 were affordable housing units and 6 open market housing units. Following the grant of Outline Planning Permission (OPP) under application 6/2015/0687, this application now sought approval for all of the Reserved Matters for the development; pertaining to access, layout, scale, appearance and landscaping – as defined and identified in the national planning practice guidance - at Spyway Orchard, Durnford Drove, Langton Matravers.

Officers drew the attention of the Committee to the planning history of the site, in that OPP was allowed by the Planning Inspectorate in March 2017, on appeal. Accordingly, it was confirmed, and emphasised, that this application sought approval for the Reserved Matters pursuant to the OPP permission and should be the focus of the Committee’s considerations.

For the Committee’s understanding the Outline Planning Permission established the principle of development at this location​; setting out the density and type of dwellings; conditioned surface water management, foul drainage, a biodiversity mitigation plan and an arboricultural method statement, as well as a S106 Planning Obligation securing the affordable housing to meet the identified local need. The Committee were informed that in light of the Planning Inspectorate’s judgement that the principle of the development was acceptable, it was solely now the Reserved Matters that were for consideration.

With the aid of a visual presentation, officers provided context of what the main proposals, principles and planning issues of the development were; how these were to be progressed; how the development would contribute to meeting housing needs; and what this entailed. The presentation focused on not only what the development entailed and its detailed design, but what effect it would have on residential amenity and the character the area, including the AONB and protected trees.

Plans and photographs provided an illustration of the location, orientation, dimensions – form, bulk, size and mass - and appearance of the development and of the individual properties, with examples being given of how typical semi-detached, terraced and apartment block properties were designed, along with their ground floor plans; how it would look; proposed street scenes; the materials to be used; how footpaths would be reconfigured and accommodated; access and highway considerations; the means of landscaping, screening and tree cover, explaining which trees were to be felled and which would be retained; and its setting within the village and wider landscape - which was incorporated within the Dorset Area of Outstanding Natural Beauty. A biodiversity obligation was being fulfilled at the easternmost point of the site by way of an environmental protection zone, with ecological provision being part of the application.

Officers showed the development’s relationship with other adjacent residential development in Durnford Drove and Gypshayes - as well as Langton House, swimming pool, farm and The Hyde - and how the buildings were designed to be in keeping with the environment. The characteristics and topography of the site was shown and its relationship with the highway network and to  ...  view the full minutes text for item 96.

Owing to other commitments, Councillors Goringe and Worth presented their apologies for the afternoon session.

To consider a report by the Head of Planning.

The Committee considered application 3/19/1504/FUL for the erection of a pair of 3 bedroom semi-detached two storey houses, with associated parking, and ancillary works at Garage Court, New Merrifield, Colehill, Wimborne.

With the aid of a visual presentation, officers provided context of what the main proposals, principles and planning issues of the development were; how these were to be progressed; how the development would contribute to meeting housing needs; and what this entailed. The presentation focused on not only what the development entailed and its detailed design, but what effect it would have on residential amenity and the character the area, including the AONB and protected trees.

Plans and photographs provided an illustration of the location, dimensions – form, bulk, size and mass - and appearance of the development and of the individual properties, along with their ground floor plans; how it would look; proposed street scenes; the materials to be used; the need for the existing garages to be demolished to accommodate the development; what landscaping there would be; its relationship with the highway network; the characteristics of the site; its relationship with other adjacent residential development and its setting within Colehill. Views into the site and around it were shown, which provided a satisfactory understanding of what the application entailed.

The officer’s recommendation was for permission to be granted on the basis that:-

· the proposal comprised new residential development within the urban area which would contribute to housing provision.

• paragraph 11 of the National Planning Policy Framework (NPPF) set out that permission should be granted for sustainable development unless specific policies in the NPPF indicated otherwise;

• the location was considered to be sustainable and the proposal acceptable in its design and general visual impact.

• there was not considered to be any significant harm to neighbouring residential amenity.

• the number of residential units (2) and the mix of unit sizes (3 bedroom dwellings) were considered to be appropriate for this site.

• the traffic movements generated by the development could be accommodated without detriment to highway safety and adequate parking would be provided to serve the dwellings

• adequate mitigation could be secured through planning conditions to offset any harm to the ecological and biodiversity value of the site.

• the development would not be significantly harmful to the residential amenities of nearby dwellings by reason of loss of privacy, overshadowing, dominance or noise; and an acceptable level of residential amenity was capable of being provided for occupiers of the proposed dwellings.

• adequate parking provision would be provided to serve the proposed dwellings

• the scale, layout, design and landscaping of the development would respect the context of the site and preserve the visual amenities of the locality.

• other environmental impacts had been assessed and there were not any which were potentially significant, and which could not be controlled by conditions.

• other issues raised by consultees have been assessed and addressed, as necessary.

The officer provided the following updates to the  ...  view the full minutes text for item 97.

To consider a report by the Head of Planning.

The Committee were informed that application 6/2019/0443 for the demolition of existing buildings and the erection of a Class A1 Aldi discount foodstore with associated works at Upton Oil Co Ltd, Blandford Road North, Upton was being recommended to be deferred on the grounds that:-

·       During the current Covid-19 restrictions in relation to public meetings, members of the public wishing to address the Committee were invited to submit up to 450 words by 8.30 am on Monday 1June.

This application generated a significant number of third party representations, with no email address supplied. 346 letters were sent out first class on Wednesday 27 May, inviting written submissions. It had however been drawn to officers attention that a reduced postal service was operating in the Upton area, with no Saturday deliveries. The Council’s letters were therefore not delivered until after the cut off period.  Members of the public were consequently unable to register their written comments on this application within the prescribed timeframe.

For these very particular reasons, it was the officer’s view that application 6/2019/043 should be deferred from consideration at this this meeting in order to allow written representations to be read at Committee.

In understanding and acknowledging the reasons given, the Committee agreed that application 6/2019/043 should be deferred, to be considered at the earliest opportunity.

Resolved

That application 6/2019/043 be deferred.

Reason for decision

On the grounds stated above.

To consider a report by the Head of Planning.

The Committee considered application 3/20/0269/FUL for the erection of five cabins with associated 'open' enclosures each to be occupied by a private collection of pet animals kept incidental to the enjoyment of Slough House (a dwelling-house) as such at Slough House, Slough Lane, Horton, Wimborne, the site being located within the Green Belt.

Officers explained that it was proposed to erect five wooden cabins, with adjoining enclosures, on land to the east of Slough House for use by the applicant’s pet animals, understood to be a collection of primates. The cabins and mesh enclosures varied in footprint. Whilst the cabins and outdoor enclosures conformed to the dimensions controlling permitted development, in the interests of the character of the area, it was proposed to site the structures in front of the dwelling house - where permitted development rights did not apply - in an area which was well screened by a mature hedge. Given the circumstances for having to find alternative and suitable accommodation for their family and pets in a relatively short space of time, due to the compulsory purchase of their current property and the necessity to do so, the applicant had chosen this property on the basis that it would be able to meet their particular practical and business needs and offered them an assured location to achieve this. This was the basis for their justification that very special circumstances existed.

With the aid of a visual presentation, officers provided context of what the main proposals, principles and planning issues of the development were; why it was necessary and what it was designed to achieve – in providing a practical means of meeting their need to rehome their pets; what benefits it would bring to the applicant; how it was to be managed; how it would look; and what this entailed. Plans and photographs provided an illustration of the location; what works were necessary to provide for the enclosures; their size, design and appearance; access arrangements; and its setting within the village of Horton and wider landscape - which was incorporated within the Green Belt. The characteristics and topography of the site was shown and its relationship with residential properties; amenities and the highway network. Views into the site and around it were shown, which provided a satisfactory understanding of what the application entailed.

The planning history of the site was explained in that a series of applications had been made previously on the basis of similar proposals, all of which had been refused as being inappropriate development in Green Belt. An appeal made to the Planning Inspectorate had also subsequently failed. This application was designed to be more modest and compatible with the provisions necessary for Green Belt development and was accompanied by supporting documentation which sought to confirm that very special circumstances existed.

The officer’s recommendation was for refusal of the application on the grounds that the proposed development lay within the South East Dorset Green Belt and, as such, only particular types of development,  ...  view the full minutes text for item 99.

To consider a report by the Head of Planning.

The Committee considered application 6/2019/0530 for a Change of use of land to Suitable Alternative Natural Greenspace (SANG) & associated car park at land off Flowers Drove, Lytchett Matravers, the site being located within the Green belt. Permission was being sought to change the use of agricultural land to a SANG and a car park for 8 cars, proposing for there to be management of the site by way of mown paths, benches, signage, a new pond and hedgerow and planting enhancements. Existing ponds will be fenced and retained and mature trees on the site would be retained. The intention was that the SANG would provide mitigation for future residential development elsewhere within Lytchett Matravers – with a future proposed development of some 150 houses in the near vicinity being identified in the emerging Purbeck Local Plan.

This proposed SANG would provide the capacity to mitigate the impact of the net increase in residential units on the heathlands from these developments. A S106 obligation would be required as part of this application which would ensure the management details of the SANG and its provisions were associated with the allocated housing development.

The provision of the SANG was considered vital for the strategic allocation within Lytchett Matravers of the 150 dwellings proposed to be allocated under the emerging Purbeck Local Plan, under Policy H6, and would enable this contribution to housing to be made, which would significantly add to the Council’s housing land supply.

Natural England considered that the effect of this increase in housing provision a relatively short distance from protected heathland would have a significant effect on Dorset's lowland heathlands from the activities of its residents. Management and mitigation of this was considered necessary to divert recreational activity away from heathland, with the Provision of SANGs being one of the key tools in mitigating the adverse impacts on Dorset heathland. The proposed SANG would also provide access to a new public open space to residents and visitors.

The proposed SANG would be located on land designated as Green Belt, with the National Planning Policy Framework (NPPF) advising that local authorities should plan positively to enhance the beneficial use of the Green Belt this proposal would go  some considerable way to doing that, in providing opportunities for further access into the Green Belt and opportunities for outdoor recreation, encouraging activities that were consistent, and beneficial, to its purpose - safeguarding the countryside from encroachment - and essential characteristics - its openness.

With the aid of a visual presentation, officers provided context of what the main proposals, principles and planning issues of the development were; why it was necessary and what it was designed to achieve – in providing an attractive, accessible alternative to protected heathland; what benefits it would bring; how it was to be managed; how it would look; and what this entailed. Plans and photographs provided an illustration of the location; what works were necessary to provide the car park; access arrangements; and its setting within the village and  ...  view the full minutes text for item 100.

To consider a report by the Head of Planning.

The Committee considered application 3/19/1435/COU – being a Retrospective Application - for the change of use of buildings to commercial uses under B2 General Industrial and B8 Storage and Distribution at Clayford Farm, Uddens Drive, Colehill, Wimborne, which was located within the Green Belt.

The proposal sought retrospective planning permission to change the use of

the former agricultural buildings along the north, east and western sides of the

quadrangle to B2 and B8 uses, creating 17 business units. The application, as originally submitted, was for B1 and B8 uses. However, the development description was later amended to reflect the Use Classes of the existing businesses at the site.

The application site was located within the Green Belt in a remote countryside

Location, characterised by a mixed landscape of woodland, heathland and

small field enclosures. The site is accessed via a compacted hard-core track,

which formed part of the Bridleway network. The site comprised a quadrangle of hardstanding enclosed on four sides by portal frame buildings, some of which were formally agricultural buildings associated with Clayford Farm.

Officers provided details of the employment history of the site and what it had previously been used for – as working farm buildings, housing agricultural needs and machinery, being currently occupied by businesses categorised with B2 and B 8 usage classes. The application was designed to regularise the activities already taking place there, this being the case over several years, without there being any significantly adverse affect on the character of the location.

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The businesses residing there were principally vehicle repair and storage, but also include a sausage factory and a hydro clean business. The terms of the arrangements for production at the sausage factory was highlighted in that its operations were limited by a condition of its planning permission that production shall solely involve the production of sausages/burgers from cockerels which were reared at Clayford Farm; which was no longer the case.

With the aid of a visual presentation, officers provided context of what the main proposals, principles and planning issues of the development were; why it was necessary; how it was to be applied and managed; and what this all entailed. Plans and photographs provided an illustration of the location showing views into the site and around it; access arrangements; the use of the access track/ bridleway and its setting within the Parish and wider landscape – being incorporated within the Green Belt and adjacent to an SSSI and Holt Heath. The characteristics and topography of the site was shown  - being of a very rural, isolated setting - and its relationship with other units  in the vicinity on the commercial estate  and where it was located in relation to West Moors, the nearest urban area; what impact the proposals would have on the amenity of neighbouring properties;  what flooding risk there was and how the highway network would be impacted, all of which provided a satisfactory understanding of what the application entailed.

Officer confirmed that the re-use of buildings, as  ...  view the full minutes text for item 101.

To consider any items of business which the Chairman has had prior notification and considers to be urgent pursuant to section 100B (4) b) of the Local Government Act 1972

The reason for the urgency shall be recorded in the minutes.

There were no urgent items of business for consideration at the meeting.

Representations/Submissions/Statements made on Applications at the Eastern Area Planning Committee meeting 3 June 2020

A schedule of the statements read direct to Committee is available as a pdf document, and is accessible here :-

6/2018/0606 - Spyway Orchard

Roy Kendell

The reasons to grant approval of some of the Reserved Matters need to take careful heed of recent events:

Climate Implications: There are now regular massive flooding problems which are occurring year on year. 2020 has again shown the climate is changing very quickly and current surface water drainage is inadequate in all areas of the country.

Impact on Residential Amenity: Until and unless a full-proof and sustainable surface water drainage scheme exists that will, without fail, deal with current and future rainfall, the statement that "Acceptable. No demonstrable harm on existing neighbouring properties." must be false. When our house is flooded (see below) the impact on us will be very considerable.

From Christmas 2019 until early February 2020 the southern part of The Hyde had a small brook running through it. The water was surface water run off from what is now the wooded grassed site of Spyway Orchard and from a spring, fed by the soaked ground of Spyway Orchard. When built over the problem will be multiplied many times over. 

Once reaching our house (Mistral) the surface water runs into a culvert then a deep gully bordering our house. This culvert and gully deals with a huge amount of surface water at all times of bad weather and it does not appear on any map, nor is it maintained by Wessex Water or other agency. I do not believe the situation is known or has been investigated by the applicant or its agents.

Recommendation: Item 3 relating to the surface water drainage is a vital and essential precondition. Until and unless the applicant has a robust and proper answer to this very important pre-condition why are they proceeding with other much less important matters. Are they, and Dorset Council, going to quietly slip this through at a stage when it is too late to stop the development with Dorset Council eager to get its hands on the CIL money?

Barrie Mayes

I write concerning application 6/2018/0606.  I confirm my continuing objection to this proposed development, and am aware that the planning process has reached the stage of considering certain reserved matters and their effects on the certainty that certain key Conditions can be met.  I am addressing two issues.

Effect on Surface Water Management: The meeting will discuss and agree certain Reserved Matters without any knowledge of whether the Developer's proposed Surface Water Management Plan will be found to work prior to building commencing.  There is major concern in the community, highlighted by Dorset's Lead Flood Authority, that this plan will not work in the specific geological environment of Spyway Orchard.  This would require a major redesign of the system at the building stage which will radically effect certain key Reserved Matters, apparently already agreed (eg Layout,  ...  view the full minutes text for item 103.