Agenda and minutes

To receive any apologies for absence

Apologies for absence were received from Councillors Mike Barron, Julie Robinson, Bill Trite and John Worth.

To disclose any pecuniary, other registrable or non-registrable interests as set out in the adopted Code of Conduct. In making their decision councillors are asked to state the agenda item, the nature of the interest and any action they propose to take as part of their declaration.

If required, further advice should be sought from the Monitoring Officer in advance of the meeting.

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

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.

Members considered application 3/20/2260/FUL, which was designed to sever a plot, demolish the remaining part of the existing dwelling and erect a replacement dwelling at Smugglers Hyde, 47 Brook Lane, Corfe Mullen.

Officers explained that following a severe fire at the original property - which had destroyed the majority of the structure - the site had been previously the subject of numerous alternative applications for its redevelopment, all of which had either not been fully pursued, granted, refused or remained undetermined, with appeals pending, in respect of the latter.

With the aid of a visual presentation, and taking account the detail in the report, officers provided context of what the main proposals, principles and planning issues of the development were; how these were to be progressed; 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, taking into account the policies against which this application was being assessed.

Plans and photographs provided an illustration of how the plot was proposed to be used overall; the location, orientation, dimensions and appearance of the development and how it was designed to be in keeping with other neighbouring properties; along with its ground floor plans; the materials to be used; access and highway considerations; environmental and land management considerations; drainage and water management considerations, the means of landscaping and screening and the development’s setting within that part of Corfe Mullen. Drawings also showed how Smugglers Hyde looked before the fire.

Officers showed the development’s relationship with other adjacent residential

development, with the characteristics and topography of the site being shown. Views into the site and around it was shown, which provided a satisfactory understanding of all that was necessary.

What assessment had been made in the officers coming to their recommendation were drawn to the attention of the Committee, with the proposal being considered to be acceptable in relation to material planning considerations, with all significant planning matters having been appropriately, or adequately, addressed.

The Committee were notified of a written submission – received from Corfe Mullen Parish Council - and officers read this direct to the Committee, being appended to these minutes. Their objection was on the grounds of highway and access issues; the size and characteristics of the development and how the plot was to be used; and overlooking.

Having heard what was said, officers responded to some of the pertinent issues raised, being confident that each one could be addressed by the provisions of the application.

Officers updated on a response received from the Rights of Way team, who had no objection on the basis that access to the bridleway would not be compromised in any way.

Concerns raised from local representations were that construction of the basement could compromise the stability of the surrounding ground and cause issues to nearby dwellings. However, assessments made showed that that would not be the case, given that there was 12  ...  view the full minutes text for item 233.

To consider a report by the Head of Planning.

The Committee considered application 6/2020/0560 - to convert and extend an existing barn into 4 x 2 bedroom residential units, with parking, and the reuse of the existing access at Spyway Orchard Barn, Durnford Drove, Langton Matravers.

With the aid of a visual presentation, and taking account the detail in the report, officers provided context of what the main proposals, principles and planning issues of the development were; how these were to be progressed; 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, taking into account the policies against which this application was being assessed.

Plans and photographs provided an illustration of how the existing barn looked and how it would be reconfigured; the location, orientation, dimensions and appearance of the development and its elevations and how it was designed to be in keeping with other neighbouring properties; along with its ground floor plans; the materials to be used; access and highway considerations; environmental and land management considerations; drainage and water management considerations, the means of landscaping and screening and the development’s setting within that part of Langton Matravers and the Dorset AONB.

Officers showed the development’s relationship with other adjacent residential

development - including the recently approved new development at Spyway Orchard, which was currently in the process of being constructed - with the characteristics and topography of the site being shown. Views into the site and around it was shown, which provided a satisfactory understanding of all that was necessary. Officers updated that a Biodiversity Plan had now been agreed by the Dorset Natural Environment Team and certification had been issued to that effect.

What assessment had been made in the officers coming to their recommendation were drawn to the attention of the Committee, with the proposal being considered to be acceptable in relation to material planning considerations, with all significant planning matters having been appropriately, or adequately, addressed.

The Committee were notified of a written submission – received from Langton Matravers Parish Council - and officers read this direct to the Committee, being appended to these minutes. Their objection was on the grounds of how policies in the National Planning Policy Framework (NPPF) were being applied; the lack of affordable housing; the adverse impact on nature conservation and biodiversity; layout and visual appearance; and the proposed design was not in line with Dorset’s emerging policies on the environment and the climate change emergency.

Having heard what was said, officers responded to some of the pertinent issues raised, being confident that each one could be addressed in how their assessments had been made and by the provisions of the application.

Concerns raised from local representations related to flood risk; the failure to enhance setting and disproportionate additions to the original building; harm to the AONB; and highway safety issues.

The opportunity was then given for members to ask questions of the presentation and what  ...  view the full minutes text for item 234.

To consider a report by the Head of Planning.

Members considered application 3/21/1259/TTPO, so as to manage the growth of two oak trees: in reducing the canopy and removing epicormic growth and deadwood of one and to pollard and reduce the height of the other to more manageable levels, at 23 Beaufoys Avenue, Ferndown.

Officers explained that the reason the Committee were being asked to determine this application was that the applicant was a member of the Tree Team in Economic Growth and Infrastructure. On that basis it was required that, for reasons of transparency and propriety, the Committee should decide.

With the aid of a visual presentation what works would take place and the reasons why this husbandry was required was outlined by officers.

Plans and photographs provided an illustration of the location and of the oak trees themselves and their relationship with 23 Beaufoys Avenue and other nearby properties, being set in context with the characteristics and setting of that part of Ferndown. 

Officers explained that the works were generally considered to be run of the mill and could be enacted as a matter of course. As their growth had become unwieldy and overbearing, the objective was to ensure the trees remained stable, safe and more manageable so as to be able to continue to thrive successfully.

Officers were confident that the submitted tree works were acceptable and would result in no harm to the character and setting of the area.

Having had the opportunity to discuss the merits of the application and an

understanding of all this entailed; having taken into account the officer’s report

and presentation; and what they had heard at the meeting, in being proposed by Councillor Shane Bartlett and seconded by Councillor Robin Cook, on being put to the vote, the Committee agreed unanimously - by 7:0 - to be minded to grant permission, subject to the conditions set out in paragraph 7 of the officer’s report, with the enactment of their ‘minded to’ decision being made by the Head of Planning.

Resolved

1)That planning permission for the application be ‘minded to’ be granted, subject to the conditions set out in paragraph 7 of the report.

2) Having taken into consideration the Committee’s ‘minded to’ decision, the

delegation to the Head of Planning to be authorised to grant permission be enacted.

Reasons for Decisions

1)As the applicant was a member of the Tree Team in Economic Growth and Infrastructure.

2)In the interests of safety and acceptable tree management and husbandry for the benefit of the applicant and the management of their property.

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.  

3/20/2260/FUL - Sever Plot, Demolish Remaining Part of Existing Dwelling & Erect Replacement Dwelling at Smugglers Hyde, 47 Brook Lane, Corfe Mullen

Nicola Gray, Town Clerk – Corfe Mullen Town Council

Corfe Mullen Town Council should like to make the following statement in respect of the above application:

Having considered the application for this property, which has seen some 20 plus applications being presented to this Council over the last 10 years, all of which have been objected to for substantial and valid reasons. The Town Council is somewhat frustrated by the amount of time wasting which these continued applications cause and should like to request the Planning Authority considers the value of continued applications and the impact they have.

The Town Council recognise the Court Case which took place in March 2020 in respect of the restrictive covenant, which found the owner of Smugglers Hyde, 47 Brook Lane as “having an apparent desire to maximise, sometimes incrementally, the application land’s development potential”. And having “erected a sign at the rear of 155 Hillside Road stating that three houses were going to be built on the application land”, along with having “a fanciful description of Smugglers Hyde as a five-bedroom property, a description which was designed to make it look more similar to his proposed properties than was actually the case”, indicates the owner is attempting to force a decision in his favour. Although the Town Council is not putting forward this statement in relation to any covenant, the facts and outcome of the case which dealt with the covenant does provide a number of legitimate material matters which can form fundamental objections to the application.

Further to the information above, the Town Council has the following objections:

•                   • The application is contrary to NPPF 110(b) in that the proposed development does not provide safe and suitable access to the site for all users. Access to site is dangerous as Brook Lane is a single track, un-adopted gravel lane which will not cope with additional traffic.

•                   • The proposed development would have an overbearing effect which would result in a detrimental impact to the amenity currently enjoyed by neighbouring properties.

•                   • Potential severing of the plot would result in high density housing for the remainder of the plot contrary to policy LN2.

•                   • The size of the proposed dwelling is overlarge for the severed plot and is unsympathetic to the more spacious character and appearance of existing development in the unmade part of Brook Lane. This will result in a cramped development which is out of character with the immediate area of Brook Lane and is therefore contrary to Christchurch and East Dorset Local Plan Policy HE2.

•                   • It is noted that the street scene provided as part of this application is totally misrepresentative, particularly in relation to the size of existing adjacent dwellings.

Members request the application is considered by the Planning Committee if the Officers comments are at variance to  ...  view the full minutes text for item 237.