BPCCRA January 14th 2009





Terry Stewart President

John Sprackling Chairman

John Defty Treasurer

Keith Alcroft Planning Officer

Bob Young Magazine Advertising Manager

Ken Sanson – Chairman, Sandbanks Assn

15 Members/Wardens

Welcomes: TS welcomed our three Ward Councillors and wished all those present a belated Happy New Year..


Apologies: William Mutlow

Accuracy: JS said that he would sign the Minutes as a true and accurate record of the meetings held on 10 December 2008.


Poole Pottery/Quay Thistle Hotel sites update: JS reported that…

1. Quayside (former) Dolphin Quays development – No further developments

2. Poole Pottery factory buildings in Sopers Lane – ditto

3. Former Poole Pottery & Swan Inn site – ditto

4. Quay Thistle Hotel site – JS met with Poole Council’s Regeneration Planning Manager (SF-A) & Head of Legal & Democratic Services on 19/12/08. It was agreed that SF-A would let him have a copy of the draft Planning Performance Agreement but this has not been received to date. NS said that SF-A is unwell at the moment and away from work. Hopefully he will be back soon.

5. Old Orchard House. 39-61. High Street – the first Employment Contribution payment of £50,000 is due on 01/01/09 and JS is seeking confirmation under the Freedom of Information Act that this has been paid.

Planning Enforcement, TPOs/Tree replacements – update:

13 Branksome Towers – Unauthorised High Fence, direct action shortly on or about 19th Jan 2009

Fitzmor Homes Ltd sites at 49 & 49a Haven Road & 7 Balcombe Road & 18 Balcombe Road (Oversize ‘For Sale’ board) – No further developments.

75 Canford Cliffs Road – Application for alterations and extension to garage granted on 16/12/08. Stop Notice served on 14/08/08. Enforcement Notice re the formation of an unauthorised vehicular entrance subject to ‘Written representations’ Appeal (APP/Q1255/C/08/2086204) Date for Final comments was 24/12/08.

Sir Michael Pitt’s independent review of planning matters in Poole – JS reported that he had received a letter from Sir Michael inviting him, Roy Godfrey, Chairman, Broadstone Residents’ Assn and Ann Smeaton, Secretary, Hamside Residents’ Assn to a meeting at the Civic Centre on 29/01/09.

NS explained that the Chief Executive decided that the best way to deal with the 640-864 exam rumours was to bring in a well known and respected figure to investigate.

JS said that he would set out the text of the letter in the Minutes.


Thank you for contacting me about the Review. As you might imagine, a significant number of residents 642-414 and developers have been in touch and I am writing in similar terms to all of them.


My brief is to investigate on behalf of the Council’s Section 151 Officer, Ms. Liz

Wilkinson, whether there is evidence of any unlawful behaviour relating to planning. I have examined a substantial amount of documentation and held discussions with a

variety of interests.

I am well aware of rumours circulating locally but, as yet, have not had any meaningful evidence drawn to my attention to substantiate unlawful activity. Further speculation will not help, but should you have in your possession any firm evidence relating to these rumours, it is your duty to make this known. I would be happy to receive any documents or a signed statement by recorded delivery at the above address and I will ensure that any material is immediately made available to the Police as appropriate.

In the course of the Review, I have become aware of requests for changes in the way the Borough Council engages with residents and developers and undertakes its development control responsibilities. In this respect it would be helpful if you could write and give me your considered views on the way this function might be improved, recognising that the arrangements for development control are strictly controlled by law and that the Council must meet its housing growth targets. I hope your contribution, if you decide to make one, can be positive and forward looking. It should reach me by Friday 16 January at the latest.

Finally, I have decided to meet privately with a small number of residents and developers, based on the representations I have received so far. I will be writing to those concerned in due course to arrange a suitable time and venue.

Poole Beaches and Coastal Defences: No new developments.

Council Tax 2008/09 & Financial Monitoring report: In the absence of William Mutlow there was no report but JS said that there was no new Financial Monitoring report as the Cabinet had not met since our last meeting.

JS mentioned the meeting with Representatives from Residents’ Association and Commerce and Industry on 30/01/09 to discuss the Council’s 2009/10 Budget and asked Roy Pointer if he might like to attend along with Terry Stewart and JS to represent the Assn. Chairman’s Note: RP has since advised me that he can’t attend the meeting as he has a meeting in London that day;

Poole Partnership: JS reported on last Tuesday’s (06/01/09) meeting of the Local Development Framework Working Group

The Council are expecting the Inspector’s report on the Core Strategy “within a fortnight”. JS thinks he’s right in saying that this will not be released into the public domain for another fortnight after that to allow the Council to study the Inspector’s findings. It is hoped that the Inspector’s letter will confirm that Strategic Planning are “on the right lines”.

A very quick presentation was given on the proposed Community Infrastructure Levy. We learnt that this is unlikely to be introduced until October 2009 and, although Councils will be empowered to levy this charge, it will be down to them to decide whether or not they do so. It seems that only those Local Authorities with an adopted Core Strategy will be permitted to operate the scheme.

There was also presentation on the SE Dorset Multiple Modal Transport Study. TS stated that the study is being done to justify an application for funding for the necessary infrastructure improvements such as the A31 link road to the Port and access to Bournemouth airport, due to the increase in population/housing/traffic in the conurbation.

Lindsay Road to Station Road Corridor/Speeding: Following the Parkstone, Penn Hill & Canford Cliffs Safer Neighbourhood Partnership meeting on 29/10/09, Austin Kinnane, of Dorset Police wrote on 19/12/08…

“Speed checks have been carried out on numerous occasions in the areas identified as problem areas. To date, in the region of 50 warnings and/or fixed penalty tickets have been issued. In addition, other various motoring offences have been detected and appropriate actions have been taken. Enforcement operations will continue, however this approach is not really seen as a long term solution to the problem. The Borough of Poole Transportation Department are also considering the problem, an update/report


will be available from them before the next meeting.”

TS told members to be aware of speeding traps in the area of Canford Cliffs Road, Western Road, Lilliput Road, Lindsay Road and Shore Road.

The next the Parkstone, Penn Hill & Canford Cliffs Safer Neighbourhood Partnership meeting is on Wednesday 28th January, Committee Suite, Civic Centre, 6pm.

Canford Cliffs Village & proposal to plant trees in Haven Road:

KA is to attend a meeting on Thursday 15th January to discuss suitable positioning of trees in Haven Road. There are several illustrations showing trees in the Village in the 1920s in a book by Iris Morris.

JS reported that he had, at last, heard from Transportation Services regarding the screens at ‘Bella Rosa’ who write “If the screens require planning permission or are a breach of any planning conditions, then we would be consulted by Planning and

comment in respect of highway safety matters.” JS said that he would check Conditions via BoP Planning Application website.

Local Bus Services: JS said that he would take this off the Agenda as he had not been contacted about this for some time.

Public Rights of Way:

Westminster Road end of Dalkeith Road nothing new to report.

Buccleuch Road to Lakeside Road ditto

Bessborough Road – ditto

Possible Charitable Status for Assn: JS said that he had still to set up a small Sub-

Committee to look at this.

Action to prevent Travellers accessing Beach Road car park: JS said that he would take this off the Agenda as this was covered by MH report in last month’s Minutes.

Canford Cliffs Chine: KA said that he is awaiting a response from Cllr. Peter Adams. KA had suggested that planting similar to that at Flaghead and Branksome Chine could help to stabilize the cliffs. MH will speak to Peter Adams.


KA reported…

Wind Turbine application at Tesco, Branksome – Letter of objection lodged on behalf of Assn on 17/12/08.

11 Leicester Road Outline application to demolish existing dwelling and associated outbuildings. Erect a 59 bedroom care home, bin and cycle store and associated parking (15 spaces) with some matters reserved) Letter of objection lodged on behalf of Assn on 12/01/09.

21 Western Avenue (Conservation area application to demolish existing dwelling and erect single detached dwelling with garaging. (Revised scheme) – Application registered on 05/12/08. Letter of objection lodged on behalf of Assn on 13/01/09.

Land adj. 2 Mornish Road (Conservation area application to erect a 5-bed detached house with integral garage, access from Mornish Road (Revised scheme)Letter of objection lodged on behalf of Assn today (14.01.09)

2 Martello Park (Demolish existing bungalow and erect a block of flats with associated parking and bin store)– application registered 02/01/09. Local concerns.

JS reminded members that the Planning Inquiry (APP/Q1255/A/08/2081952) re 62 Haven Road (Erect 3 x 4-bed houses) is to be held on 3td February 2009 and John Fox would welcome support from members by attenance at this Inquiry. Venue not yet known.

JS reported on the Judicial Review re 1, 2 & 3 Alington Close & 2a & 2b Shore Road (Demolish existing and erect 6 x two/ three storey blocks comprising 32 flats with basement car parking, accessed off Alington Close and associated works and landscaping) (Amended scheme) granted by Planning Committee on 01/04/08.


JS said that Ken Pottle, on behalf of the Southern Poole Chairmens’ Liaison Group, had received a letter from Russell Wileman, a Senior Solicitor for the Borough of Poole, following the Group’s request for the Council to ’settle out of court’ with the claimants.

JS said that he would set out the text of the letter in the Minutes.

JS said that he would be curious to know if the owners of the properties concerned and the applicant for the planning permission had made representations to the court.



Your Group’s note dated 5th December 2008 addressed to Cllr Dr Brian Leverett has

been passed to me for my attention, as I am the solicitor with the conduct of the defence of the application for the Judicial Review on behalf of the Council.

It appears that the thrust of your argument is that the Council should withdraw from defending the action on the basis that this would be the most prudent course of action to

save Council Tax payers’ money.

I must point out no-one can accurately forecast the outcome of litigation, but the

particular issue upon which the Judicial Review challenge is based strikes at the heart of the Council’s planning decision making process, criticising as it does the layout and make up of our standard Decision Notices, because of this and weighing up all the evidence produced thus far we are of the view that this must be defended.

Our view is that the Planning permission was granted properly and fairly after due ” and

proper consideration at the Planning Committee meeting, in sufficient and proper detail for any one to understand the reasons for granting it.

I must also point out that It is not possible to “settle out of court” in a Judicial Review case. If we withdrew, the hearing would still go ahead and the judge would still have to make his mind up on the evidence before him. Further and in any event, just because the learned judge decided that there is an arguable case does not mean that the full court will decide in the Claimants’ favour.

The application for the Judicial Review has also brought other parties into the proceedings; namely the owners of the properties concerned and the applicant for the

planning permission and they have a right to make representations to the court, so even if we were able to withdraw, they will still be able to present their case to the court and the court could well decide in their favour even without our input and leave the Planning Permission in place, but I should point out that since the Council considers it acted properly, it would not be incurring costs in defending this matter without the Claimants’ challenge.

You say there is the question of Council Tax Payers money to consider. I would remind you that if the Council is successful, as it expects to be, we would have the opportunity to seek to recover our costs from the Claimants, if the Judge agreed.

Yours sincerely

Other current planning issues

2 Tower Road (Conservation area application to demolish existing dwelling & erect 3 detached dwellings with associated parking) Application registered 17/12/08. Local concerns.

31A Western Avenue (Demolish existing dwelling and erect a five bed detached dwelling) – Application registered on 05/01/09. Local concerns.

8 Bury Road (Conservation Area application to demolish all buildings on site including foundations where appropriate / Demolish existing and erect detached house and garaging, summerhouse and tennis court and provision of parking area (Revised Scheme)– appeal allowed.

Victoria School, 12 Lindsay Road (Erect modular classroom building comprising 3 classrooms, entrance hall and toilet facilities) – .Local concerns

16-18 Durrant Road (Demolish existing and erect 2 blocks of 6 flats (12 total) with single linked basement garage) – application granted by Planning Committee on 17/04/08 and subject to complaint by local residents to Local Government Ombudsman (LGO). The LGO’s provisional findings received on 08/11/08 were that the Council did nothing wrong but final decision is still awaited.

1 – 3 Compton Avenue (Demolish existing and erect a block of 11 flats & 1 maisonette


with basement parking Revised Scheme) – application granted by Planning Committee on 17/04/08. The Dorset Lake Residents’ Assn website reports that the “Chairman has

had a conversation with an officer from the Ombudsman’s office, as a result of which she is persuaded that the Council has a case to answer, and she is now in the process of contacting Poole B.C. for their response.”

Canford Cliffs, Promenade 2 (a) Construction of 18 new beach huts)Application No:

08/24380/005/F & (b) Conservation Area application to demolish 8 beach huts (nos 99-106) adjacent to Canford Cliffs Chine. Application No: 08/24380/007/U The applications

were registered as long ago as 22/01/08 &13/02/08 respectively. MH will keep the Assn

advised of any further developments.

19 Sandbourne Road (Demolish existing and erect 5 apartments over 3 storeys with

basement parking and associated cycle and bin store) – Amended plans lodged on 11/12/08..

5 Shore Road (Demolish existing dwelling and erect detached house with integral

garage) – Application refused on 27/11/08. Revised plans to be lodged shortly.

5A Shore Road (Demolish existing dwelling and erect detached house with integral

garage) – Application refused on 27/11/08. Revised plans to be lodged shortly.

8 Shore Road – BPCCRA will continue to monitor possible tree work application. An entrance has been created on the Haven Road side of this property.

1 Over Links Drive (Sever land and erect a detached house with integral garage) – application withdrawn on 27/03/08. Awaiting revised application.

60A Kings Avenue (Tree Replacement Notices to replant 3 Scots Pines) – Confirmation awaited that the Council’s Arboriculturist visited both 60 and 60a to check

tree issues and that letters sent to the owners requesting planting under Treework/Planning conditions.

4. ACCOUNTS TO DATE – JD reported that cash at the end of the year amounted to £31,642. Donations totalling £5,400 had been made during the year to various causes.

JS said that he has still to write to Key Drummond and CountryWide Property Management as non-payers from the Spring issue of our magazine.

JS reported that the Canford Cliffs Traders’ Assn had asked if the Assn might make a donation for the Christmas lights in the Village.

SA was concerned that the Assn should only contribute if others are doing likewise.

MH explained that the 20+ members of the Traders’ Association pay £100 per annum, they also held a raffle in November to boost funds. The cost of having the lights put up and taken down amounted to £5,000. A grant of £1,800 was received from the Council last year. Contributions would be very welcome as this is for the benefit of the community.

NS added that a grant for up to £3,000 for this year to be match-funded by the Traders’ Assn will be made soon. The Council are keen to help encourage shopping in the local area.

SA proposed a donation of a similar amount to last year (£500). A vote was taken and this was agreed by majority.


In response to a question by TS, CD informed the meeting that the proposed Wind Turbine at Tesco had been red-carded.

JS closed the meeting at 8.10pm.

Date of next Meeting: The next meeting is on Wednesday 11th February 2009 in the

Main Hall at Branksome St Aldhelm’s Parish Centre (Entrance via Lindsay Road)