Agenda item

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

Redevelopment of the site. Demolition of the existing buildings and erection of a building ranging in height from 3-storeys to 15-storeys to provide student residential accommodation (53 cluster flats comprising a total of 348 rooms, 4 x 2-bedroom flats and 12 x 1-bedroom flats); a medical centre (Class D1 use), retail units (Class A1) and two units for community use or non-residential institution use (Class D1) or retail (A1) or food and drink use (A3) with associated landscaping, parking and site works, including the stopping up of existing highway.

 

Mr Lewis, Mr Kiddle, (Applicants), Mr Hopgood, Mr Spinney, Mr Dixon, Mr Piccinino (Local residents), Councillors Osmond, Turner and Vassiliou (Ward Councillors) were present and with the consent of the Chair, addressed the meeting.

 

UPON BEING PUT TO THE VOTE THE OFFICER RECOMMENDATION TO DELEGATE AUTHORITY TO THE PLANNING AND DEVELOPMENT MANAGER TO GRANT CONDITIONAL  PLANNING PERMISSION SUBJECT TO THE APPLICANT ENTERING INTO A SECTION 106 LEGAL AGREEMENT WAS CARRIED

 

RECORDED VOTE

FOR:   Councillors Jones, Mrs Blatchford, Claisse, L Harris and Thomas

AGAINST:   Councillor Cunio

 

RESOLVED that authority be delegated to the Planning and Development Manager to (i) negotiate/finalise the ‘penalty clause’ contribution and (ii) amend planning conditions before issue and grant conditional planning approval subject to:-

 

(a)  Confirmation that draft Heads of Terms are acceptable to the applicant prior to the grant of planning permission, and receipt of an undertaking from the Head of Property and Procurement Services that the contract for the sale of Council owned land, the subject of this application, will be conditional uponBouygues Development and any other landowner entering into a S.106 legal agreement with the Council, prior to the land transfer taking place, to provide the following planning obligations:

 

i)  An occupation restriction to ensure that all residents are in full time higher education and that the provider is a member of the Southampton Accreditation Scheme for Student Housing (SASSH) in accordance with Local Plan Policy H13(v);

 

ii)  The submission and implementation of a Student Drop Off/Collection Management Plan committing to an ongoing review of the site;

 

iii)  The scheme shall make a commencement within 6 months and achieve a shell and core finish within 36 months from the date of the planning permission so as to reflect the current viability assumptions made.  In the event that this is not achieved a fresh viability appraisal shall be submitted with any uplift in value (up to an agreed sum) payable to the City Council;

 

iv)  A financial contribution and/or the implementation and maintenance of an agreed series of site specific transport and off-site landscaping works (including the proposed Stoneham Way service layby and Parkville Road Improvement Scheme with a minimum of 12 parking spaces) under S.278 of the Highways Act with implementation prior to first occupation in line with Policy SDP4 of the City of Southampton Local Plan Review (March 2006) as supported by LDF Core Strategy policies CS18 and CS25;

 

v)  The funding of Traffic Regulation Orders (TRO) required for the above measures to enable the development to be implemented;

 

vi)  A financial contribution and/or the implementation and maintenance of an agreed series of strategic transport projects for highway network improvements, including the potential for a new/revised UNIlink bus route and bus stop serving the development with implementation prior to first occupation, in the wider area as set out in the Local Transport Plan and appropriate SPG/D;

 

vii)  The submission and implementation of a public parking management plan for those spaces along Parkville Road dedicated for public use;

 

viii)  A Student Car Ownership Restrictionas part of any student contract of tenancy shall be agreed and imposed.  No student shall be entitled to park on the land.  Upon the offer of the place a clear written statement shall be given to the students detailing the implications for their tenancy in the event that they are found to have a car.  All student contracts to include the agreed penalty clause wording to the effect that they shall not bring a car to Swaythling Ward whilst living at City Gateway and will be evicted if found to have done so.  This will be enforced by the landowner upon receipt of valid evidence.  In the event that evidence is provided by residents or the City Council that a resident has access to a car they will be given a warning followed by eviction in the event that the car is still available.  In the event that no enforcement is taken by the landowner (to either the evidence provided or the eviction notice) within agreed timescales a breach of planning will have occurred and a financial penalty (to be set and agreed) will be payable to the City Council by the landowner. Reception area to have an up-to-date telephone number with information about when and where breaches can be reported to the freeholder.

 

ix)  A mechanism for replacing the existing community uses (both during and following the construction phase) in accordance with LDF Core Strategy Policy CS3;

 

x)  Financial contributions towards the relevant elements of public open space required by the development in line with Policy CLT5 of the City of Southampton Local Plan Review (March 2006) as supported by LDF Core Strategy policies CS21 and CS25;

 

xi)  The submission, approval and implementation of public art – possibly to include an art fence - that is consistent with the Council’s Public Art ‘Art People Places’ Strategy;

 

xii)  Submission and implementation within a specified timescale of a Travel Plan, including the provision of UNIlink bus passes to all residents;

 

xiii)  Provision of on-site CCTV coverage and monitoring in line with Policy SDP10 of the City of Southampton Local Plan Review (March 2006) as supported by LDF Core Strategy policies CS13 and CS25;

 

xiv)  Submission and implementation of a TV Reception Study committing to a pre and post construction assessment with off-site mitigation where necessary;

 

xv)  Submission and implementation of a Training & Employment Management Plan committing to adopting local labour and employment initiatives (during and post construction) in line with LDF Core Strategy policies CS24 and CS25;

 

xvi)  A Site Waste Management Plan; and,

 

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

 

xviii)  Agreement of construction vehicle routing.

 

xix)  Developer shall be responsible for the cost of checking of drawings and construction.

 

In the event that such an undertaking is not forthcoming within 3 months from the date of this decision that delegated authority be given to the Planning and Development Manager to refuse the application for failing to secure an appropriate mechanism for dealing with the S.106 legal agreement mitigation measures listed above.

 

(b) the conditions in the report and the amended conditions below:

 

11  Noise Mitigation and Attenuation

 

The approved development shall be implemented and completed only in accordance with the recommendations as set out in the applicant’s Noise Assessment dated 28^th January 2011.  Any mechanical acoustic ventilation fro noise issues from Thomas Lewis Way shall be ventilated from the roof.  Notwithstanding these approved details, unless otherwise agreed in writing by the Local Planning Authority, windows and ventilation systems shall be provided to achieve the sound reduction levels of:

 

37dB(A) for living rooms overlooking Stoneham Way

42dB(A) for bedrooms overlooking Stoneham Way

37dB(A) for living rooms overlooking Thomas Lewis Way

43dB(A) for bedrooms overlooking Thomas Lewis Way

 

REASON:

To protect occupants of the student accommodation from traffic and railway noise and to ensure that the amenity of existing residents is not unduly compromised during the implementation phase.

 

17  Landscaping

 

Notwithstanding the information submitted with the application (and detailed on the Terrafirma plan 1070-101H) no development shall take place (excluding the demolition and site preparation phase) until full details of both hard and soft landscaping for both the roof terraces, landscape buffers, all car parking and the ground floor courtyard area have been submitted to and approved in writing by the Local Planning Authority.  The submitted details shall include:

i.  a detailed response to the Council’s landscape design comments dated 19^th April 2010;

ii.  proposed finished ground levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas, hard surfacing materials, structures and ancillary objects (refuse bins etc);

iii.  external lighting (to include type and luminance);

iv.  planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/planting densities where appropriate;

v.  a specification for the approved green/brown/biodiverse wall(s) and roof(s) forming the Thomas Lewis Way wing;

vi.  the provision of a 2 for 1 replacement of those trees to be lost (where practicable).  The replacement trees shall be of a heavy standard size (12 - 14cm girth) as a minimum and will be planted within the site or at a place agreed in writing with the Local Planning Authority;

vi. details of any proposed boundary treatment, including the “art fencing” to the south of the approved semi-public communal courtyard at ground floor level and the retained strip along the building’s Thomas Lewis Way frontage; and

vii. A landscaping management plan, including long term objectives, management responsibilities and maintenance schedules for the landscaped areas.

 

The hard and soft landscaping works shall be carried out in accordance with the details approved.  The works shall be carried out before any of the development is occupied or in accordance with a timescale which has been agreed in writing with the local planning authority prior to the commencement of development. 

 

If within a period of five years from the date of the planting of any tree or shrub, or any tree or shrub planted in replacement of it, it is removed, uprooted, destroyed, dies or becomes in any other way defective in the opinion of the local planning authority, another tree or shrub of the same species and size of that originally planted shall be planted at the same place, unless the local planning authority gives its written consent to any variation. 

 

REASON:

To improve the appearance of the site and enhance the character of the development in the interests of visual amenity, to ensure that the development makes a positive contribution to the local environment and, in accordance with the duty required of the Local Planning Authority by Section 197 of the Town and Country Planning Act 1990.

 

31  Bird Hazard Management Plan (BHMP) - BAA

 

Development shall not commence (excluding the demolition and site preparation phase) until a Bird Hazard Management Plan (BHMP) has been submitted to and approved in writing by the Local Planning Authority.  The submitted plan shall include details of the management of any flat or shallow pitched roof that may be attractive to nesting, roosting and loafing birds and include details for preventing birds from perching in the window reveals.  The BHMP shall comply with BAA's Advice Note 8.  The BHMP shall be implemented as approved upon completion of the roof and shall remain in force for the life of the development.  No subsequent alterations to the BHMP are to take place unless first submitted to and approved in writing by the Local Planning Authority.

 

REASON:

It is necessary to manage the roofs in order to minimise its attractiveness to birds which could otherwise endanger the safe movement of aircraft and the operation of Southampton Airport – BAA comments dated 8^th March 2011 refer.

 

REASONS FOR DECISION

 

The development is acceptable taking into account the policies and proposals of the Development Plan as set out below.  The proposed development has been revised to increase the level of on-site car parking and restrictions on student car ownership are deemed possible.  In light of these changes the impact of the development, in terms of visual and neighbour amenity, highway safety and parking are considered to be acceptable for the reasons detailed in the report to the Council’s Planning and Rights of Way Panel on 21^st June 2011.  Particular account has also been taken of the third party response to the scheme, the quality of the proposed redevelopment proposals, current market conditions and the overall viability of the scheme.  Other material considerations do not have sufficient weight to justify a refusal of the application. In accordance with Section 38 (6) of the Planning & Compulsory Purchase Act 2004, and application 11/00204/FUL should therefore be granted in accordance with the following policies:

 

City of Southampton Local Plan Review (March 2006) policies SDP1, SDP4, SDP5, SDP6, SDP7, SDP8, SDP9, SDP10, SDP11, SDP12, SDP13,, SDP14, SDP15, SDP16, SDP17, SDP19, SDP22, NE7, HE1, CLT5, CLT7, H1, H2, H3, H7, H13, REI6 and TI2 and City of Southampton Core Strategy (January 2010) policies CS4, CS5, CS6, CS10, CS11, CS13, CS14, CS15, CS16, CS18, CS19, CS20, CS22, CS24  and CS25 as supported by the relevant national planning guidance and the Council’s current supplementary planning guidance listed in the Panel report.

 

NOTE: Councillor Osmond declared an interest and withdrew from the meeting for the determination of this item.