Agenda item

2 Nightingale Grove and 34 Nightingale Road 11/00443/TIME

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.

Minutes:

Extension of time to implement planning permission 07/01656/FUL. (Erection of 9 x three-bedroom dwellings within 2 part two/part three-storey terraced blocks with associated parking and amenity space).

 

Mr Chalke, Mr Haskell, Ms Lloyd, Mr Rabbetts (Local Residents) and Councillor Moulton (Ward Councillor) 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 and Osmond

AGAINST:  Councillors Cunio, L Harris and Thomas

 

RESOLVED

 

 (i)

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

 

 

 

 

 

 

(a)

the applicant entering into a Section 106 Legal Agreement to secure:

 

 

 

 

i.   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 (March 2006), policies CS18 and CS25 of the adopted LDF Core Strategy (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 as set out in the Local Transport Plan and appropriate SPG/D;

 

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);

 

Amenity Open Space (“open space”)

Playing Field;

 

iv.  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.

 

v.  An undertaking to ensure that the development is completed to shell and core within 24 months of the date of the planning permission. A re-evaluation to take place in the event that this is not achieved with any uplift up to an agreed sum payable to meet Section 106 mitigation measures.

vi.  Submission and implementation within a specified timescale of a Council approved Waste Management Plan.

vii.  In the event of a Residents’ Parking Scheme being introduced within Nightingale Grove or Nightingale Road that residents of the development not be eligible for parking permits.

 

In the event that the legal agreement is not completed within two months of the date of the meeting that 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, the amended and additional conditions below; 

 

 

Amended Conditions

 

3 Boundary Treatment

 

No further development shall take place until details of retaining walls to be constructed are submitted to and approved by the Local Planning Authority in writing. Before the development hereby approved first comes into occupation, the approved boundary treatment shall be provided in accordance with the details approved and in accordance with drawing number 1908/WD01 Rev D received by the Local Planning Authority on the 3rd March 2011.The boundary treatment shall thereafter be retained as agreed.

 

REASON:

In the interests of the privacy of the neighbouring properties and to secure a satisfactory residential environment.

 

17 Construction Environment Management Plan

 

Prior to the commencement of any further development a written construction environment management plan shall be submitted to and approved by the LPA.  The plan shall contain method statements and site specific plans to prevent or minimise impacts from noise, vibration, dust and odour for all operations, as well as proposals to monitor these measures at the site boundary to ensure emissions are minimised beyond the site boundary.  The plan shall also include details of (a) parking of vehicles of site personnel, operatives and visitors; (b) loading and unloading of plant and materials; (c) storage of plant and materials, including cement mixing and washings, used in constructing the development; (d) treatment of all relevant pedestrian routes and highways within and around the site throughout the course of construction and their reinstatement where necessary and (e) wheel cleaning facilities for construction traffic. All specified measures shall be available and implemented during any processes for which those measures are required. For the avoidance of doubt, no bonfires are to be allowed on site during the period of demolition, clearance and construction and no vehicles associated with the construction and demolition of the development shall access the site from Nightingale Grove.

 

REASON:

To protect the amenities of the occupiers of existing nearby properties.

 

Additional Conditions

 

20 Refuse and Recycling Collection Point

 

With the exception of refuse and recycling collection days, no refuse containers shall be left at the collection point in the access from Nightingale Grove, unless otherwise agreed in writing by the Local Planning Authority.

 

REASON:

In the interests of the amenities of the neighbouring occupiers.

 

REASONS FOR DECISION

 

The development is acceptable taking into account the policies and proposals of the Development Plan and other guidance as set out on the attached sheet. Other material considerations such as those listed in the report to the Planning and Rights of Way Panel on 16.08.11 do not have sufficient weight to justify a refusal of the application. The proposal would be in keeping with the site and surrounding properties and would not have a harmful impact on the amenities of the neighbouring properties. 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 taking 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, CS16, CS19, and CS20 and the Council’s current adopted Supplementary Planning Guidance.  National Planning Guidance contained within PPS1 (Delivering Sustainable Development), PPS3 (Housing 2011) and PPG13 (Transport 2011) are also relevant to the determination of this planning application.

Supporting documents: