Agenda item

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.

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

Erection of 2 x six storey buildings comprising 16 flats (12 x 1bed and 4 x 2 bed) with associated car parking, bin and cycle storage (Outline application all matters for consideration except landscaping)

Steve Lawrence (agent) and Councillor Cooper (ward councillor) were present and with the consent of the Chair, addressed the meeting.

The presenting officer reported that amendments were required for the conditions, as set out below.  It was also explained that condition 14 was no longer required as the officer amendment to conditions and that this could be deleted. 

It was explained that the noise condition 05 (Glazing) and 07 (location of Plan) were subject to ongoing negotiations with the applicants acoustic consultant and the Council’s Environmental Health Department to ensure bedrooms adjacent to the railway line receive appropriate ventilation whilst maintaining acoustic performance.

Panel voted to add an additional condition governing the hours of use for the upper floor amenity areas and requested that the conditions be amended to include a permeable surface for the car parking areas and issues relating to the security of the site including gates and CCTV coverage, amended conditions as set out below. 

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.

RECORDED VOTE to grant planning permission.

FOR:  Councillors Savage, Coombs, Vaughan and Windle

AGAINST:  Councillor Mitchell

RESOLVED that the Panel:

  (i)  Confirmed the Habitats Regulation Assessment set out in Appendix 2 of the report.

  (ii)  Delegated authority to the Service Lead Infrastructure, Planning, and Development  to grant planning permission subject to: the planning conditions recommended at the end of this report; any amended or additional conditions added at the meeting; and the completion of a S.106 Legal Agreement to secure:

a.  Financial contributions 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 SPD relating to Planning Obligations (September 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 towards Solent Disturbance Mitigation Project 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 2010.

d.  Employment and Skills Plan to secure training and employment initiatives.

e.  The provision of affordable housing in accordance with Policies CS15, CS16 & CS25 of the Local Development Framework Core Strategy Development Plan Document -Adopted Version (as amended 2015) and the adopted SPD relating to Planning Obligations (September 2013).

f.  The submission, approval and implementation of a Carbon Management Plan setting out how the carbon neutrality will be achieved and/or how remaining carbon emissions from the development will be mitigated in accordance with policy CS20 of the Core Strategy and the Planning Obligations SPD (September 2013);

  (iii)  In the event that the legal agreement is not completed or progressing within a reasonable timeframe after the Planning and Rights of Way Panel, the Service Lead – Infrastructure, Planning and Development be delegated authority to refuse permission on the ground of failure to secure the provisions of the Section 106 Legal Agreement, unless an extension of time agreement has been entered into.

 (iv)  that the Service Lead – Infrastructure, Planning and Development be given delegated powers to add, vary and /or delete relevant parts of the Section 106 agreement and/or conditions as necessary. In the event that the legal agreement is not completed within a reasonable period following the Panel meeting,

  (v)  that the Service Lead-Infrastructure, Planning & Development be granted authority to refuse permission on the ground of failure to secure the provisions of the Section 106 Legal Agreement. In the event that the scheme’s viability is tested prior to planning permission being issued and, following an independent assessment of the figures, it is no longer viable to provide the full package of measures set out above then a report will be brought back to the Planning and Rights of Way Panel for further consideration of the planning application.

Amended Conditions

1. OUTLINE PERMISSION TIMING CONDITION (PERFORMANCE)

Outline Planning Permission for the principle of the development proposed and the following matters sought for consideration, namely the layout of buildings and other external ancillary areas, the means of access (vehicular and pedestrian) into the site and the buildings, the appearance and design of the structure, the scale, massing and bulk of the structure, is approved subject to the following:

(i)  Written approval of the details of the following awaited reserved matters shall be obtained from the Local Planning Authority prior to any works taking place on the site:

(ii)  The landscaping of the site specifying both the hard, soft treatments and means of enclosures and maintenance. To include permeable paving to the car parking area, an acoustic fence to the boundary adjacent to the railway line and secure gated access to the car park and  pedestrian entrance points, to be installed prior to first occupation and thereafter retained.  The soft landscaping shall include native species.

(ii)  An application for the approval of the outstanding reserved matters shall be made in writing to the Local Planning Authority before the expiration of three years from the date of this Outline Permission

(iii)  The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last application of the reserved matters to be approved.

REASON: To enable the Local Planning Authority to control the development in detail and to comply with Section 91 and Section 92 of the Town and Country Planning Act 1990 (as amended).

3. AMENITY SPACE ACCESS (PRE-OCCUPATION)

Before the development hereby approved first comes into occupation, the rooftop terraces and pedestrian access to them, shall be made available for use in accordance with the plans hereby approved. The amenity space and access to it shall be thereafter retained for the use of the dwellings. The roof top terraces shall not be occupied between the hours of 11pm-7am on any day.

REASON: To ensure the provision of adequate amenity space in association with the approved dwellings. In the interests of the amenities of neighbouring occupiers. In the interests of site security and to provide an acceptable living environment. In the interests of preserving and enhancing biodiversity.

13. PILING (PRE-COMMENCEMENT)

Unless otherwise agreed in writing with the Local Planning Authority, if piling is necessary then auger cast piling shall be used.

REASON: In the interest of residential amenity and to safeguard protected species.

Additional Condition

SECURE BY DESIGN (PERFORMANCE)

The development shall be carried out and retained in accordance with the secure by design measures as set out within drawing no. 0515-01.004.03.

REASONS: In the interests of safety and security

Deleted Condition

14. Ecological Mitigation Statement deleted following consultation with the Council’s Ecologist with the piling and landscaping conditions amended to provide safeguards and biodiversity enhancement.