Decisions

To issue an Enforcement Notice requiring the cessation of the use of land at Bere Road, Coldharbour, BH20 7PA, for residential purposes, the removal of all units of accommodation, removal of all personal vehicles, removal of all domestic paraphernalia and removal of the portacabin from the land.

The decision to issue this Enforcement Notice is taken under delegated powers, as set out in paragraph 145 of the Officer Scheme of Delegation. These powers have been nominated to the below authorised officer.

The decision (in consultation with the Portfolio Holder for Housing and Community Safety and the S.151 Officer) to purchase the property known as Flat 3, 3 Carlton Road North, Weymouth, DT4 7PX to provide a one bed bungalow for temporary accommodation. The power to make such decision having been delegated to the Corporate Director for Housing in accordance with paragraph 13(b) of the decisions of the Cabinet on 8 September 2020.

The Committee considered an application for the erection of 8 dwellings following approval of Permission in Principle application no: WP/19/00162/PIP.

The Senior Planning Officer provided some background to Permission in Principle (PIP) applications that must commence within 3 years of the date of approval. 

This application was for technical details following approval of a PIP in September 2019 for up to 8 dwellings on this site, therefore the principle of dwellings on this site had been approved.

The Committee was given a presentation that included a location plan, aerial photo, site layout, elevations / floor plans, a site plan with the footpath extension.

The site consisted of 2 detached bungalows and 6 (3) bed semi-detached houses, each with a car parking space and 4 visitor parking spaces.  The garden spaces were commensurate with nearby dwellings.

She advised that this site had been included as employment land in the recently adopted Portland Neighbourhood Plan, however this plan had not been adopted at the time the PIP was granted and the site was outside of ECON2 in the adopted Local Plan.

The main issues were highlighted:-

·       PIP for 8 dwellings granted in 2019

·       Design and materials appropriate for location

·       Provides a mix of house types including lifetime homes

·       No harm to neighbouring amenity

·       No highways objections

·       Not ECON2 in Local Plan

·       Additional footpath at applicant’s expense

·       Section 106 will need amending in future, can be achieved outside of this planning application.

The Technical Support Officer read out the public written submissions which are attached as an appendix to the minutes of this meeting,

The Senior Planning Officer responded to technical questions arising from the public participation and by members of the committee.

Members were reminded that condition 4 had been amended, details of which were contained in the update sheet circulated to members prior to the meeting.

Proposed by Cllr Nick Ireland, seconded by Cllr Louie O’Leary.

The Committee was minded to grant the application, subject to planning conditions and condition 4 as amended in the update sheet.

The Service Manager for Development Management and Enforcement having considered the representations and the officer’s presentation and having taken into account the views of the committee made the following decision under delegated authority.

Decision of the Service Manager: That the application be approved subject to the conditions (including amended condition 4) outlined in the appendix to these minutes.

The Committee considered an application for the erection of 4 dwellings on a site within the Southwell area of Portland.

Members were shown a presentation including an aerial photo, photos of the application site (showing groundworks previously completed to allow for a previously consented scheme for 2 houses), site plan and street scene elevations.

The main issues were highlighted including:-

·        Principle of development –within DDB; extant consent on the site for residential development (2 units); presumption in favour of sustainable development.

·        Scale, design and impact on character and appearance – scale and design similar to the neighbouring properties fronting Rip Croft; Scheme amended to avoid over dominance in the street scene; density in line with area; smaller dwellings supported in Neighbourhood Plan (policy PORT/HS1 Housing Mix)

·        Amenity – dwellings meet national space standards; adequate external amenity space provided; scheme would avoid overlooking and overbearing or loss of light to neighbours

·        Access and parking – off street for all units; no highways objection; private gardens would allow for cycle parking

Following the presentation, the Technical Support Officer read out a statement submitted by the Agent which is attached as an appendix to these minutes.

In response to Members’ concerns about the relatively small size of the houses and amenity space, the Senior Planning Officer advised that each property would have a private garden with a secondary access that was considered to be appropriate for the size of the dwellings.  He confirmed that the size of the homes was close to minimum national space standards; that there would be no impact on the amenity of neighbouring properties and that the land originally had no formal status other than incidental green space.

Whilst some members remained concerned that this was overdevelopment of the site, other members considered that smaller homes were need for starter homes or people wishing to downsize and was a good use of the land.

Proposed by Cllr Nick Ireland, seconded by Cllr Dave Bolwell.

The Committee was minded to grant the application, subject to planning conditions.

The Service Manager for Development Management and Enforcement, having considered the representations and the officer’s presentation and having taken into account the views of the committee, made the following decision under delegated authority.

Decision of the Service Manager: That the application be approved subject to the conditions outlined in the appendix to these minutes.

Cllr Susan Cocking and Cllr Paul Kimber did not take part in the debate or vote on this item.

Cllr John Worth joined the meeting part-way through consideration of this application and did not take part in the debate or vote on this application.

The Committee considered an application to develop vacant land by the demolition of garage, formation of a vehicular access, the erection of 25 dwellings and associated landscaping.

The Senior Planning Officer presented the application, explaining that following approval by the committee in February 2020, a decision had not yet been issued due to negotiations in relation to the affordable housing element of the Section 106 Agreement.  The Portland Neighbourhood Plan (2017-2031) had been adopted in the intervening period which was a material consideration, however, its policies did not include housing allocation.

The Committee was shown a location plan, aerial photo, photos of the site, proposed site plan, elevation plans, and sections.

Following the presentation, the Technical Support Officer read out some of the public written submissions received in accordance with the protocol for public speaking. The written submissions are attached as an appendix to the minutes of this meeting.

Cllr Paul Kimber addressed the Committee as the Ward Member, speaking against the application in relation to the loss of green open space and wildlife habitat, increased traffic on Verne Common Road and overdevelopment. 

The Senior Planning Officer responded to technical points made during the public participation.

In response to technical questions put by members, the committee was advised that the site had been designated in the Portland Neighbourhood Plan as incidental open space and it was for the committee to decide what weight was given to amenity and the planning balance in light of this.

Members were informed that paragraph 14 of the NPPF did not apply as the Council could not demonstrate a 5 year housing land supply, therefore paragraph 11d of the NPPF was relevant in the consideration of this application.

The Committee had concerns about this development and debated issues including the relevance of the newly adopted Portland Neighbourhood Plan,  the location of the site outside the defined development boundary, lack of services & facilities on the island; the loss of valuable open space for residents and visitors; the low number of affordable homes and road safety.  In particular, it was noted that Portland Town Council had not commented on this application.

Proposed by Cllr David Bolwell, seconded by Cllr David Shortell.

The Committee was minded to grant the application, subject to planning conditions and the completion of a legal agreement.

The Service Manager for Development Management and Enforcement having considered the representations and the officer’s presentation and having taken into account the views of the committee made the following decision under delegated authority.

Decision of the Service Manager: That the application be approved subject to the conditions outlined in the appendix to these minutes; and the completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) in a form   to be agreed by the Legal Services Manager to secure the following:

The provision of five affordable rented units on site and a financial affordable housing contribution of £59,254 index-linked and a financial contribution for grassland compensation and management for the Local Nature Reserve of £15,638.

Decision

The Portfolio Holder for Housing delegates to the Corporate Director for Housing to take all necessary steps to purchase and renovate the property known as 23 Penrose Road, Ferndown, Dorset, BH22 9JF using the unapproved capital pot 2020/21 and 2021/22.

Reason for the Decision

To bring a long-term empty property back into use and create a unit of 3 bed temporary accommodation for a local family.

Alternative Options considered and rejected

Take no action – without Council intervention it is very likely that the property will remain empty for the foreseeable future. The Council has a high demand for temporary accommodation in this area.

Purchase the property and ‘back to back’ private sale - The Council has a high demand for temporary accommodation and ‘23 Penrose Road’ represents an ideal opportunity to meet such demand.

Compulsory Purchase – the current owner has agreed to sell the property to the Council and therefore acquiring the property using Compulsory Purchase powers is not appropriate.

Empty Dwelling Management Order – this would require the Council to renovate the property, allocate tenants and manage the building for 7 years and then ‘hand it back’ to the current owner. As such this option does not offer long term value for money for the Council.

Consultees

Assets and Property

Housing Services

Spatial and Community Policy Service

Budget Implications

The property has been subject to a full market valuation by a local estate agent and its value has been assessed as being  £350,000.

It is proposed that the unapproved capital pot 2020/21 ‘to bring a long-term empty property back into use’ is used to purchase the property, with renovation costs being funded from the 2021/22 unapproved capital pot, should no other funding sources be available at that time.

Renovation and improvement costs to make the property decent and safe are estimated to be in the region of £50-60,000 subject to detailed inspection.

Decision

The Portfolio Holder for Housing delegates to the Corporate Director for Housing to take all necessary steps to purchase and renovate the property known as 23 Penrose Road, Ferndown, Dorset, BH22 9JF using the unapproved capital pot 2020/21 and 2021/22

That:

(a)  The proposal to divert part of Footpath 41, Hazelbury Bryan at Woodlands be accepted and an order made;

(b)  The order include provisions to modify the definitive map and statement to record the changes made as a consequence of the diversion; and

(c)  If the order is unopposed, it be confirmed by the Council.

(The decision taken is detailed within the Scheme of Delegation in the Council’s Constitution.)

That:

(a)  The proposal to divert part of Footpath 56, Sturminster Newton be accepted and an order made;

(b)  The Order include provisions to modify the definitive map and statement to record the changes made as a consequence of the diversion; and

(c)  If the Order is unopposed, it be confirmed by the Council.

(The decision taken is detailed within the Scheme of Delegation in the Council’s Consitiution.)