Agenda and minutes

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

The Panel noted that Councillor Thomas was in attendance as a nominated substitute for Councillor Mrs Blatchford, and Councillor Norris was in attendance as a nominated substitute for Councillor Smith, in accordance with Procedure Rule 4.3.

To approve and sign as a correct record the Minutes of the meeting held on 29 May 2012 and to deal with any matters arising, attached.

RESOLVED that the Minutes of the Meeting held on 29^th May 2012 be approved and signed as a correct record.

Report of the Planning and Development Manager recommending delegated authority be granted in respect of an application for a proposed development at the above address, attached.

The Panel considered the report of the Planning and Development Manager recommending delegated authority be granted in respect of an application for a proposed development at the above address. (Copy of the report circulated with the agenda and appended to the signed minutes)

Erection of a new part 2-storey, part 3-storey school building on the existing car park with associated external works including a new vehicular access from Archers Road. (Upon completion of the new building all of the existing buildings with the exception of the reception building will be demolished and the area landscaped to form a car park and playing field. The existing reception building will change to nursery use)

Mr Sands (Agent), Mr Gill (Applicant), Ms Iredale, Ms Waller, Mr Fox, Ms Nash, Mr Price (objecting) (Local Residents) and Councillor Moulton (objecting) (Ward Councillor)  were present and with the consent of the Chair, addressed the meeting.

The presenting officer reported that Southern Water, as a consultee, advised that a public water main crossed the site.  As a consequence the following additional conditions were added to the recommendation:  before any development commences on the site, the developer shall investigate the precise positioning of the public water main and employ such necessary measures during the build to ensure its protection from damage; any detailed soft planting to meet the requirements of condition 25 of this decision notice shall ensure no new planting occurs within 3 metres of the public water main.

The presenting officer also recommended the following amended conditions so that they should read as follows:

Amended Conditions

21.  APPROVAL/PERFORMANCE CONDITION - Construction access and routeing and pedestrian access

All traffic associated with the construction and demolition works hereby approved shall enter and leave the site via Archers Road and Banister Gardens in accordance with the submitted phasing plan only, and shall be subject to a construction vehicle routing agreement to be submitted to and approved by the local planning authority before the development commences.  Once approved, that routing agreement shall be observed throughout the construction period.  For the period of construction, pupils/parents/guardians/teachers shall continue to be permitted to enter the site from Banister Gardens, but upon completion of all works under 12/00489/R3CFL, pupils/parents/guardians/teachers shall only enter the site from Archers Road.  Banister Gardens shall continue to function as an emergency point of egress from the site and as a means of servicing the school by emergency vehicles.

REASON:

In the interests of highway safety and to protect the residential amenities of those living close by.

22.  PERFORMANCE CONDITION - No Amplified System

There shall be no installation or use of a personal address system or tannoy equipment or other sound amplification machinery for external broadcast outside of the school building at any time unless agreed in writing by the Local Planning Authority for temporary, seasonal, or permanent use.

REASON:

To protect the residential amenities of adjacent residents.

36.  PRE-COMMENCEMENT/PERFORMANCE CONDITION - Refuse enclosure

Before the commencement of development, details shall be submitted to  ...  view the full minutes text for item 22.

Report of the Planning and Development Manager recommending delegated authority be granted in respect of an application for a proposed development at the above address, attached.

The Panel considered the report of the Planning and Development Manager recommending delegated authority be granted in respect of an application for a proposed development at the above address. (Copy of the report circulated with the agenda and appended to the signed minutes)

Erection of a new part 2-storey, part 3-storey school building to upgrade existing facilities with associated external works including a new vehicular access from Victor Street. (Upon completion of the new building the existing school building will be demolished and the area converted to playing fields)

Mr Sands (Agent) and Ms Coreless (objecting) (Local resident) were present and with the consent of the Chair addressed the meeting.

The presenting officer reported that amended plans (plan ref PL11a) had been submitted to show 20 parking spaces (instead of 24) in line with the Council’s adopted maximum standards to satisfy the recommendation.  The presenting officer also reported that the Green Travel Plan should be removed from the S106 Unilateral Undertaking and secured with a planning condition instead.  The presenting officer also reported the following amended and additional conditions so that they should read as follows:

Amended Conditions

4. APPROVAL CONDITION - Operation restriction

The primary school premises hereby approved shall be operated on a “dual use” basis in accordance with further details that shall be agreed in writing with the Local Planning Authority.  These details shall include the proposed hours of use, the on-site management of the community uses and a pricing policy (if applicable).  The site shall be closed and vacated of all persons enrolled on educational courses or accessing the building through the community use agreement between the hours of 22:00 (10pm) and 07:30 (7:30am) on a daily basis.

REASON:

To safeguard the amenities of occupiers of adjoining residential properties.

9. APPROVAL CONDITION - No Amplified System

There shall be no installation or use of a personal address system or tannoy equipment or other sound amplification machinery for external broadcast outside of the primary school building at any time unless agreed in writing by the Local Planning Authority for temporary, seasonal, or permanent use.

REASON:

To protect the residential amenities of adjacent residents.

10. APPROVAL/PERFORMANCE CONDITION - BREEAM Standards

Written documentary evidence demonstrating that the development has been designed to achieve at minimum a rating of 'very good' against the BREEAM standard shall be submitted to the Local Planning Authority and verified in writing prior to the first occupation of the development hereby granted, unless an otherwise agreed timeframe is agreed in writing by the LPA. Six months after first occupation, evidence in the form of a post construction certificate as issued by a qualified BREEAM certification body shall be submitted to the local planning authority.

Reason:

To ensure the development minimises its overall demand for resources and to demonstrate compliance with policy CS20 of the Local Development Framework Core Strategy Development Plan Document Adopted Version (January 2010).

27. APPROVAL CONDITION – Secured By Design

The applicant shall submit further details of how the proposed school and  ...  view the full minutes text for item 23.

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

Report of the Planning and Development Manager recommending conditional approval be granted in respect of an application for a proposed development at the above address. (Copy of the report circulated with the agenda and appended to the signed minutes)

Change of Use From A C3 Dwelling To A House In Multiple Occupation (HMO, Class C4)

Mrs Wawman (objecting) (East Bassett Residents Association) and Cllr B Harris (objecting) (Ward Councillor) were present and with the consent of the Chair addressed the meeting.

RESOLVED that this item be deferred to the next meeting in order that further clarification could be sought on whether or not local properties were HMOs. 

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

Report of the Planning and Development Manager recommending conditional approval be granted in respect of an application for a proposed development at the above address. (Copy of the report circulated with the agenda and appended to the signed minutes)

Change Of Use From Residential (Class C3) To A 5-Bed House In Multiple Occupation (HMO, Class C4). No External Change.

Mrs Wawman (objecting) (East Bassett Residents Association) and Councillor B Harris (objecting) (Ward Councillor) were present and with the consent of the Chair addressed the meeting.

The presenting officer requested that additional conditions be included to include the retention of the existing front boundary treatment, to remove the permitted development for Class A, B, E and F (hardstandings) of Part 1, Schedule 2 and to give details of refuse storage. 

RESOLVED that planning permission be refused for the following reasons.

RECORDED VOTE

FOR:   Councillor Claisse, Cunio, L Harris, Lloyd and Norris

AGAINST:   Councillor Thomas and Shields

Reason for Refusal - Unacceptable Intensification of Use

The intensification of the use of the property and activity associated with it would be out of character with the local area and detrimental to the amenities of nearby residents. The proposal would also result in the loss of a family dwelling for which there is a proven demand. The proposals are therefore contrary to saved policy H4 of the City of Southampton Local Plan Review 1996 and Policy CS16 of the Core Strategy 2010.

Report of the Planning and Development Manager recommending delegated authority be granted in respect of an application for a proposed development at the above address, attached.

The Panel considered the report of the Planning and Development Manager recommending delegated authority be granted in respect of an application for a proposed development at the above address. (Copy of the report circulated with the agenda and appended to the signed minutes)

Redevelopment of the site.  Demolition of the existing building and erection of a 5-storey building to provide commercial use on the ground floor (Class A1 or A2 or A3) with 16 flats above (8 x one bedroom, 5 x two bedroom and 3 x three bedroom) with associated cycle parking.

The presenting officer reported that an additional S106 Head of Term be included as follows:

(ix) A financial contribution to the improvement of the setting of the historic Town Walls in accordance with CS14 and CS25 of the Core Strategy 2010.

The presenting officer reported the following amended condition so that it should read as follows:

20 APPROVAL CONDITION - Storage / Removal of Refuse Material [Pre-Occupation Condition]

Before the ground floor commercial units are first occupied full details of facilities to be provided for the storage and removal of refuse from the premises together with the provision of suitable bins accessible with a level approach shall be submitted to and approved in writing by the Local Planning Authority. The facilities shall include accommodation and the provision of separate bins for the separation of waste to enable recycling. The approved refuse and recycling storage shall be retained whilst the building is used for commercial purposes. With the exception of collection days, no refuse or recycling shall be stored externally to the building.

Reason:

In the interests of visual amenity, the amenities of future occupiers of the development and the amenities of occupiers of nearby properties.

RESOLVED unanimously that authority be delegated to the Planning and Development Managed to grant planning permission subject to criteria listed in the report and subject to the following additional condition:

24 APPROVAL CONDITION – Green Roofs [pre-commencement condition]

Prior to the commencement of the development hereby approved a feasibility study shall be submitted to the Local Planning Authority for approval detailing how green roofs can be incorporated into the development prior to its occupation. The measures shall be implemented as approved prior to the occupation of the development.

Reason:

To reduce the overall energy demand to achieve a sustainable form of development.

Report of the Planning and Development Manager recommending delegated authority be granted in respect of an application for a proposed development at the above address, attached.

The Panel considered the report of the Planning and Development Manager recommending delegated authority be granted in respect of an application for a proposed development at the above address. (Copy of the report circulated with the agenda and appended to the signed minutes)

Re-development of the site, demolition of existing buildings and erection of a two-storey building with accommodation in roof, containing ten flats with associated car parking, refuse and cycle store (outline application seeking approval for access, appearance, layout and scale).

The Panel were reminded that under page 14 of the last meeting minutes, it had refused this application, but that through error an additional reason for refusal had been omitted relating to failure to enter into a planning legal agreement and authority was not sought to add an additional reason for refusal. 

RESOLVED unanimously that the reasons for refusal be updated to include the additional reason for refusal relating to failure to enter into a Section 106 Agreement as set out in the report.

Report of the Planning and Development Manager recommending delegated authority be granted in respect of an application for a proposed development at the above address, attached.

The Panel considered the report of the Planning and Development Manager recommending delegated authority be granted in respect of an application for a proposed development at the above address. (Copy of the report circulated with the agenda and appended to the signed minutes)

Erection of a single-storey extension to provide 6 classrooms, a small hall and associated facilities; new vehicular and pedestrian entrance from Townhill Way and new car park.

Mr Sands (Agent) was present and with the consent of the Chair, addressed the meeting.

The presenting officer recommended an amended Reason for Granting Deemed Planning Permission to read as follows:

The development is acceptable taking into account that the proposal is a departure from Local Plan and Core Strategy policies (Policy CLT3 & Policy CS21) due to the loss of open space policies but noting that no objection has been received from Sport England.  Following an assessment of the above, relevant policies set out below and other adopted guidance referred to in the report to the Planning and Rights of Way Panel 26 June 2012.  Other material considerations do not have sufficient weight to justify a refusal of the application. Where appropriate planning conditions have been imposed to mitigate any harm identified.  Overall, the exceptional educational need and positive regenerative opportunities associated with the development and its ‘proposed ‘dual use’ are considered to outweigh the dis-benefits, particularly the loss of mature trees and building on part of a grassed playing area.  In accordance with Section 38 (6) of the Planning & Compulsory Purchase Act 2004, Deemed Planning Permission should therefore be granted having account of the National Planning Policy Framework and the following local planning policies:

Local Plan Review (2006) Policies

SDP1, SDP4, SDP5, SDP6, SDP7, SDP8, SDP9, SDP10, SDP11, SDP12, SDP13, SDP14, SDP16, SDP17, SDP22, NE4, HE6, CLT3, TI2 

LDF Core Strategy (2010) Policies

CS6, CS11, CS13, CS18, CS19, CS20, CS21, CS22, CS25

The presenting officer also reported that paragraph 5.3 of the report should be deleted and that the Revised Travel Plan (iv) should be removed from the Undertaking and secured with a planning condition instead.  The presenting officer also reported that Condition 16 in the report should be deleted.  The presenting officer reported the following additional and amended conditions so that they should read as follows:

Additional Condition

30 PRE-OCCUPATION CONDITION – GREEN TRAVEL PLAN

The applicant shall submit a Travel Plan for approval in writing by the Council and will not allow the new school premises to be occupied until the Travel Plan has been approved in writing by the Local Planning Authority.  The Travel Plan will be aimed at reducing the reliance on the use of the private car by staff, and parents of children attending the School, and shall encourage positively the use of alternative means of transport which have less of an adverse impact on the environment.  The Travel Plan shall also include:

·  the means whereby the objectives of the Travel Plan are to be promoted and encouraged;

·  the means whereby  ...  view the full minutes text for item 28.