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.

Erection of two residential blocks, part three-storey's, part four-storey's in height to provide 47 dwellings (17 x one-bedroom 12 x two-bedroom and 18 x three-bedroom) with associated parking (30 spaces as amended including 2 for the disabled), access and landscaping.

Mr Reay (Agent), Mr O’Brien (Applicant) and Mr Mullins (Local resident) were present and with the consent of the Chair, addressed the meeting.

UPON BEING PUT TO THE VOTE THE OFFICER RECOMMENDATION TO GRANT PLANNING PERMISSION WAS CARRIED UNANIMIOUSLY

RESOLVED that authority be delegated to the Planning and Development Manager to grant conditional planning approval subject to:-

(a)  The completion of a S.106 Legal Agreement to secure the following heads of terms:

i.   Financial contributions towards site specific transport contributions for highway improvements in the vicinity of the site in accordance with polices CS18, CS19 & CS25 of the Local Development Framework Core Strategy Development Plan Document - Adopted Version (January 2010) and the adopted SPG relating to Planning Obligations (August 2005 as amended);

ii.  A financial contribution towards strategic transport projects for highway network improvements in the wider area in accordance with policies  CS18 & CS25 of the Local Development Framework Core Strategy Development Plan Document - Adopted Version (January 2010) and the adopted SPG relating to Planning Obligations (August 2005 as amended);

iii.   Financial contributions towards the relevant elements of public open space required by the development in line with polices CLT5, CLT6 of the City of Southampton Local Plan Review (March 2006), Policy CS25 of the adopted LDF Core Strategy (2010) and the adopted SPG relating to Planning Obligations (August 2005 as amended) regard to

·  Amenity Open Space (“open space”);

·  Play Space and;

·  Playing Field.

iv.  Provision of affordable housing in accordance with Policies CS15, CS16 & CS25 of the Local Development Framework Core Strategy Development Plan Document - Adopted Version (January 2010) and the adopted SPG relating to Planning Obligations (August 2005 as amended);

v.  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 and;

vi.  The provision of an expressly dedicated public right of way route between the western and eastern site boundaries.

vii.  A training and employment plan.

In the event that the legal agreement is not completed within two months the Planning and Development Manager be authorised to refuse permission on the ground of failure to secure the provisions of the Section 106 Legal Agreement.

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

Delete condition 10.

3 Landscaping, lighting and means of enclosure detailed plan

The details set out in drawing 3310-101 Rev A shall be fully implanted as part of the development hereby approved.  Further details relating to the following matters shall be submitted before the commencement of any site works, including:

i.  means of enclosure including alterations and making good of existing boundary walls to be retained and measures to be installed at either end of the  east – west cycle/pedestrian route between the approved northern and southern blocks to prevent motor-cyclists using that route, but still allow a person pushing a pram/child buggy to traverse that route;

ii.  hard surfacing materials, structures and ancillary objects (refuse bins, lighting columns etc.); and,

iii.  defensible planting to the ground floor private amenity space areas.

Any trees, shrubs, seeded or turfed areas which die, fail to establish, are removed or become damaged or diseased, within a period of 5 years from the date of planting shall be replaced by the Developer in the next planting season with others of a similar size and species unless the Local Planning Authority gives written consent to any variation. The Developer shall be responsible for any replacements for a period of 5 years from the date of planting.

The approved hard and soft landscaping scheme (including parking and any approved details for items i-iii above) for the whole site shall be carried out prior to occupation of the building or during the first planting season following the full completion of building works, whichever is sooner. The approved scheme implemented shall be maintained for a minimum period of 5 years following its complete provision.

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.

5 Code for Sustainable Homes Residential Development

Written documentary evidence demonstrating that the development will achieve at minimum Level 3 of the Code for Sustainable Homes, including at least 15% in category Ene1 and at least 1 credit in Wat1 - (informed by the commitment to greywater recycling measures, of surface water run-off from the building and hard surfaced areas within the site - set out in the applicant's design and access statement), 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. The evidence shall take the form of a post construction assessment and certificate as issued by a legitimate Code for Sustainable Homes certification body.

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) also having regard to the commitment to greywater recycling given in the applicant's design and access statement.

17 Amenity Space Access

The communal garden areas shown on the site plan, and pedestrian access to it, shall be made available as amenity space prior to the first occupation of the flats hereby permitted and shall be retained with access to it at all times for the use of all occupiers of the development.  The private garden areas, balconies and roof terraces shown on the approved plans shall be provided before the first occupation of each relevant associated dwelling and thereafter retained at all times thereafter.

REASON:

To ensure the provision of adequate amenity space in association with the approved dwellings.

(N.B. re-numbered as 17 owing to deletion of Condition 10 set out in recommendation to the report – amend numbering to run concurrently).

REASONS FOR DECISION

The development is acceptable taking into account the policies and proposals of the Development Plan and other guidance as set on the attached sheet. Other material considerations such as those listed in the report to the Planning and Rights of Way Panel on the 21.06.11 do not have sufficient weight to justify a refusal of the application. The proposal has addressed the previous reasons for refusal and where appropriate planning conditions have been imposed to mitigate any harm identified.  In accordance with Section 38 (6) of the Planning & Compulsory Purchase Act 2004, Planning Permission should therefore be granted having account of the following planning policies:

“Saved” Policies – SDP1, SDP4, SDP5, SDP7, SDP9, SDP10, SDP11, SDP12, SDP13,  H1, H2, and H7 of the City of Southampton Local Plan Review - Adopted March 2006 as supported by the adopted LDF Core Strategy (2010) policies CS4, CS5, CS13, CS19, and CS20 and the Council’s current adopted Supplementary Planning Guidance.  National Planning Guidance contained within PPS1 (Delivering Sustainable Development), PPS3 (Housing 2010) and PPG13 (Transport 2011) are also relevant to the determination of this planning application.