Agenda and minutes

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Items
No. Item

52.

Apologies and Changes in Panel Membership (If Any)

To note any changes in membership of the Panel made in accordance with Council Procedure Rule 4.3.

Minutes:

It was noted that following receipt of the temporary resignation of Councillor Vaughan from the Panel the Service Director – Legal and Business Operations, acting under delegated powers, had appointed Councillor Prior to act as a replacement for the purposes of this meeting.

53.

Minutes of the Previous Meeting (including matters arising) pdf icon PDF 17 KB

To approve and sign as a correct record the Minutes of the meeting held on 14 January 2020 and the Special Meeting held on 28 January 2020 and to deal with any matters arising.

Additional documents:

Minutes:

RESOLVED: that the minutes for the Committee meetings on 14th and 28th January 2020 be approved and signed as a correct record.

54.

The making of The Southampton (8 Mountain Ash Close) Tree preservation Order 2019 pdf icon PDF 285 KB

To consider the report of the head of transaction and universal services to seek permission to confirm the tree preservation order.

Additional documents:

Minutes:

The Panel considered the report of the Service Director Head of Service of Adults, Housing and Communities regarding an objection to the Southampton (8 Mountain Ash Close) Tree Preservation Order 2019.

 

Catherine Butler (local resident/ objector) was present and with the consent of the Chair, addressed the meeting.

 

RESOLVED that the Panel confirmed The Southampton (8 Mountain Ash Close) Tree Preservation Order 2019, without modifications.

55.

Planning Application - 19/02011/R3CFL- St Marks CE Primary School pdf icon PDF 681 KB

Report of the Service Lead, Infrastructure, Planning and Development recommending that the Panel delegate approval in respect of an application for a proposed development at the above address.

Additional documents:

Minutes:

The Panel considered the report of the Head of Planning and Economic Development recommending delegated authority be granted in respect of an application for a proposed development at the above address.

 

Demolition of existing buildings and erection of part three/part two-storey new school with associated gym, access, parking, landscaping and sports facilities (including multi use games areas and a flood lit all weather pitch) (departure from local plan).

 

Graham Linecar (Southampton Commons and Parks Protection Society)  Clive Rogers, Andy Beal, levn Vibert, Jeremy Moulton, Kerry Sullivan, Jenny Hudek, Elaine Tomlins, Ian Davies,  Councillor Galton  (local residents/ objecting), Ben Christian, Paul Lovegrove, Richard Tose and Cliff Kingh (supporters) and Councillors Shields, Leggett and Windle (Ward Councillors) were present and with the consent of the Chair, addressed the meeting.

 

The presenting officer reported that there been a number of updates since the publication of the report.  It was noted that the Council’s Highways, Ecology, Sustainability and Trees departments had removed their holding objections.  As a consequence the Panel noted that the recommendation would be amended and that there were a number of changes to the reason for granting permission and the conditions within the report, these changes were presented at the meeting and are set out below.  At the request of the Panel officers added a further condition in relation to the feasibility of a green roof and district energy, as set out below.

 

The Panel then considered the recommendation to delegate authority to the Head of Planning and Economic development to grant planning permission. Upon being put to the vote the recommendation was carried unanimously.

 

RESOLVED that the Panel delegated to the Head of Planning and Economic Development to add, vary and/or delete relevant parts of the recommended planning conditions ahead of issuing a Conditional Approval.

 

Amended Reason for Granting Planning Permission

 

The development is acceptable taking into account the policies and proposals of the Development Plan as set out below. Other material considerations have been considered and are not judged to have sufficient weight to justify a refusal of the application, and where applicable conditions have been applied in order to satisfy these matters. Overall, the  acute educational need and positive community benefits associated with the development and its ‘proposed dual use’ are considered to outweigh the dis-benefit of any associated increased on-street parking pressure. The scheme is therefore judged to be in accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004 and planning permission should therefore be granted.  In reaching this decision the Local Planning Authority offered a pre-application planning service and has sought to work with the applicant in a positive and proactive manner as required by paragraphs 39 - 42 and 46 of the National Planning Policy Framework (2019).

Policies - SDP1, SDP4, SDP5, SDP6, SDP7, SDP8, SDP9, SDP10, SDP11, SDP12, SDP13, SDP14, SDP16, SDP17, SDP19, SDP22, NE4 and CLT3 of the City of Southampton Local Plan Review (Amended 2015) and CS11, CS13, CS18, CS19, CS20, CS21, CS22, CS23, CS24 and  ...  view the full minutes text for item 55.

56.

Planning Application - 19/00361/FUL - 20-25 Chapel Road pdf icon PDF 497 KB

Report of the Service Lead, Infrastructure, Planning and Development recommending that the Panel refuse planning permission in respect of an application for a proposed development at the above address.

Additional documents:

Minutes:

The Panel considered the report of the Head of Planning and Economic Development recommending that the Panel refuse planning permission in respect of an application for a proposed development at the above address.

 

Erection of a part 4 and 5 storey school building with rooftop playground following demolition of existing buildings (Departure from Local Plan)

 

Peter Badger (agent), Steve Wright (applicant), were present and with the consent of the Chair, addressed the meeting.

 

The presenting officer reported that the reason for refusal in regard to the failure to enter a section 106 would need to be amended to add an additional clause around public art.

 

The Panel then considered the recommendation to refuse to grant planning permission. Upon being put to the vote the recommendation was carried unanimously.

 

 

RESOLVED that the Panelrefused to grant planning permission for the reasons set out below:

 

1.  REASON FOR REFUSAL – Unsafe Flood Risk

Notwithstanding the submitted Flood Risk Assessment and further information, the proposal fails the Exception Test set out in the National Planning Policy Framework (NPPF) (2019) by failing to demonstrate that staff and pupils within the development would be safe during a flood event due to the following reasons:

·  The application has not demonstrated that safe access and egress can be provided throughout the design life of the development;

·  It is not clear that the design of building (finished floor levels) could withstand a flood event, taking into consideration the impact of climate change and sea level rise;

·  The provision of a refuge on the upper floor, due to lack of facilities (food and toilet facilities), when young children could have to remain on site for a period of anywhere between 2 to 6 hours is insufficient;

·  The location of the proposed muster point is unacceptable. It lies just outside of the present day flood zones 2 and 3 and, due to the development sites vulnerability, access to this muster point will be restricted by 2075 when taking into account climate change and sea level rise with only one potentially suitable access route on St Marys Street from Northam Road;

·  The proposal could result in parents/guardians inadvertently putting more people at risk by seeking to collect pupils in a flood event. Therefore, increasing the burden for the emergency services having to manage a large group of vulnerable people. Notwithstanding the outdoor location of the muster point, the wellbeing of the staff and pupils waiting at the point has not been satisfactorily addressed.

 

Therefore, the proposal fails to take into consideration the impact of climate change and sea level rise, and the vulnerability of the users on site. The proposal is therefore contrary to policy SDP1 of the adopted City of Southampton Local Plan Review (amended 2015) and policies CS20 and CS23 of the Council's adopted LDF Core Strategy (2015) and policy AP15 of the City Centre Action Plan (2015) as supported by paragraph 160 of the NPPF (2019).

 

2.  REFUSAL REASON - Failure to enter into S106 agreement

In the  ...  view the full minutes text for item 56.

57.

Planning Application - 19/01658/FUL - 20 Gurney Road pdf icon PDF 1 MB

Report of the Service Lead, Infrastructure, Planning and Development recommending that conditional approval be granted in respect of an application for a proposed development at the above address.

Additional documents:

Minutes:

The Panel considered the report of the Head of Planning and Economic Development recommending that conditional planning permission be granted in respect of an application for a proposed development at the above address.

 

Change of use from a dwelling (C3 Use) to a flexible use for house in multiple occupation (HMO) (C4 Use) or class C3.

 

Mike Johnson (local resident objecting), Karl Peckham and Michael Davis (applicant), and Councillors Chaloner and Kaur (ward councillors/objecting) were present and with the consent of the Chair, addressed the meeting.

 

The presenting officer explained that residents had sent in a picture of the road at 7:30 on 30 January 2020 indicating the levels of parking.  Residents queried elements of the Parking survey and suggested that due to the proximity of the Shirley High Street that parking could be difficult throughout the day and not just during the hours set out with the Lambeth model.  The officer also detailed an amendment to condition 2 of the report, as set out below.

 

The Panel then considered the recommendation to grant conditional planning permission. Upon being put to the vote the recommendation was carried.

 

RECORDED VOTE to grant planning permission

FOR:  Councillors Savage, Mitchell, Coombs, Prior and Windle

AGAINST:  Councillors L Harris and G Galton

 

RESOLVED that planning permission be approved subject to the conditions set out within the report and the amended condition set out below:

 

2.  Retention and provision of communal spaces (Performance)

Prior to the first occupation of the HMO hereby approved, the communal spaces shall be provided for the occupants in accordance with the approved plans. This shall include the ground floor toilet room (W/C) as shown on the approved plans. The rooms labelled kitchen, lounge/diner, bathroom, W/C including the study once the side extension is built and occupied, on the plans hereby approved shall be retained for use by all of the occupants for communal purposes only to serve the occupiers whilst in HMO use.

REASON: To ensure that a suitable communal facilities are provided for the residents.

 

58.

Planning Application - 19/01963/FUL - The Conifers, Wrights Hill pdf icon PDF 439 KB

Report of the Service Lead, Infrastructure, Planning and Development recommending that the Panel delegate approval in respect of an application for a proposed development at the above address.

Additional documents:

Minutes:

The Panel considered the report of the Head of Planning and Economic Development recommending delegated authority be granted in respect of an application for a proposed development at the above address.

 

Redevelopment of the site. Erection of 6 x 3 bed dwellings with associated parking, bin and cycle storage following demolition of existing dwelling (resubmission of 19/00832/FUL).

 

Philip Dudley (agent), Philip Cook (applicant), and Councillor Payne (ward councillor objecting) were present and with the consent of the Chair, addressed the meeting.

 

The presenting officer amended the recommendation to remove the requirement for the submission of a Carbon Management Plan as the development was not large enough to trigger this requirement.  It was noted that the proposed development was sited on an awkward junction. However, it was noted that the problems at the Junction would be addressed by a different process.   

 

Upon being put to the vote the Panel confirmed the Habitats Regulation Assessment.

 

The Panel then considered the recommendation to delegate authority to the Service Lead: Infrastructure, Planning and Development to grant planning permission. Upon being put to the vote the recommendation was carried unanimously.

 

RESOLVED that the Panel:

 

  (i)  confirmed the Habitats Regulation Assessment set out in Appendix 1 of the report.

  (ii)  Delegated approval to the Head of Planning and Economic Development to grant planning permission subject to the completion of a S.106 Legal Agreement to secure:

a.  Either the developer enters into an agreement with the Council under s.278 of the Highways Act to undertake a scheme of works or provides a financial contribution towards site specific transport contributions for highway improvements in the vicinity of the site in line with Policy SDP4 of the City of Southampton Local Plan Review (as amended 2015), policies CS18 and CS25 of the adopted LDF Core Strategy (as amended 2015) and the adopted Developer Contributions SPD (April 2013);

b.  Submission of a highway condition survey to ensure any damage to the adjacent highway network attributable to the build process is repaired by the developer.

c.  Either a scheme of measures or a financial contribution to mitigate against the pressure on European designated nature conservation sites in accordance with Policy CS22 of the Core Strategy and the Conservation of Habitats and Species Regulations.

  (iii)  In the event that the legal agreement is not completed within a reasonable period following the Panel meeting, the Head of Planning and Economic Development be authorised to refuse permission on the ground of failure to secure the provisions of the Section 106 Legal Agreement.

 (iv)  That the Head of Planning and Economic Development be given delegated powers to add, vary and /or delete relevant parts of the Section 106 agreement and/or conditions as necessary.

 

59.

Planning Application - 19/01823/FUL - 5 Blenheim Avenue pdf icon PDF 259 KB

Report of the Service Lead, Infrastructure, Planning and Development recommending that conditional approval be granted in respect of an application for a proposed development at the above address.

Additional documents:

Minutes:

The Panel considered the report of the Head of Planning and Economic Development recommending that conditional planning permission be granted in respect of an application for a proposed development at the above address.

 

Proposed alterations to garage including rear extension and pitched roof to facilitate conversion of garage to home business, Hair Salon.

 

Pete Thomas, Jerry Gillen (local residents objecting) John Saunders (applicant), and Councillor Cooper (ward councillor/objecting) were present and with the consent of the Chair, addressed the meeting.

 

The Panel then considered the recommendation to grant conditional planning permission. Upon being put to the vote the recommendation was carried unanimously.

 

 

RESOLVED that planning permission be approved subject to the conditions set out within the report.

60.

Review Of Information For The Validation Of Planning Applications pdf icon PDF 432 KB

Report of the Head of Planning and Economic Development seeking approval for the local validation requirements following a review.

Minutes:

Report of the Head of Planning and Economic Development seeking approval for the local validation requirements following a review.

 

These amended requirements follow consultation with internal consultees and local planning agents and applicants.

 

RESOLVED that the Panel

 

1.  Approved the proposed changes to the local validation requirements as detailed at Appendix 1 and paragraph 18 of this report, and delegate authority to the Head of Planning and Economic Development to update our systems and the Planning Portal accordingly; and

2.  Delegated authority to the Head of Planning and Economic Development to review and approve changes the local validation requirements in the future, in line with NPPF recommendations, following regulation changes and the necessary public consultation.

61.

Quarterly Development Management Figures pdf icon PDF 312 KB

Report of the Service Lead Manager Development detailing key planning metrics for information and consideration.

 

Minutes:

The Panel considered and noted the report of the Head of Planning of Economic Development detailing the Planning Department’s performance against key planning metrics.