Agenda item

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.

Erection of 2-storey, 1 x 4 and 1 x 3-bed, semi-detached houses with accommodation in the roof space, rear dormer windows, associated parking and refuse/cycle storage.

Mr Poswall (Applicant), Mrs Lisle (Local Resident) and Councillor Vassiliou (Ward Councillor) were present and with the consent of the Chair, addressed the meeting.

Officers recommended an amendment to condition no 11 and three additional conditions in respect of land contamination, detailed below:

Amend condition 11:

APPROVAL CONDITION – Refuse and Cycle Storage [performance condition]

The store for plot A for the refuse containers and cycles and the access to them shall be provided in accordance with the details hereby approved before the development first comes into occupation and thereafter retained as approved. Before the development hereby approved first comes into occupation, revised details of the bin and cycle storage for plot B shall be submitted to the Local Planning Authority for approval in writing. The storage shall be provided prior to first occupation and thereafter retained as approved.

Reason:

To secure a satisfactory form of development

Additional Conditions:

APPROVAL CONDITION- Land Contamination investigation and remediation [Pre-Commencement & Occupation Condition]

Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), a scheme to deal with the risks associated with contamination of the site shall be submitted to and approved by the Local Planning Authority.  That scheme shall include all of the following phases, unless identified as unnecessary by the preceding phase and approved in writing by the Local Planning Authority:

1.  A desk top study including;

·  historical and current sources of land contamination

·  results of a walk-over survey identifying any evidence of land contamination 

·  identification of the potential contaminants associated with the above

·  an initial conceptual site model of the site indicating sources, pathways and receptors

·  a qualitative assessment of the likely risks

·  any requirements for exploratory investigations.

2.  A report of the findings of an exploratory site investigation, characterising the site and allowing for potential risks (as identified in phase 1) to be assessed.

3.  A scheme of remediation detailing the remedial actions to be taken and how they will be implemented.

On completion of the works set out in (3) a verification report shall be submitted to the Local Planning Authority confirming the remediation actions that have been undertaken in accordance with the approved scene of remediation and setting out any measures for maintenance, further monitoring, reporting and arrangements for contingency action.  The verification report shall be approved by the Local Planning Authority prior to the occupation or operational use of any stage of the development.

Any changes to these agreed elements require the express consent of the local planning authority.

Reason:

To ensure land contamination risks associated with the site are appropriately investigated and assessed with respect to human health and the wider environment and where required remediation of the site is to an appropriate standard. 

APPROVAL CONDITION - Use of uncontaminated soils and fill [Pre-Commencement Condition]

Clean, uncontaminated soil, subsoil, rock, aggregate, brick rubble, crushed concrete and ceramic shall only be permitted for infilling and landscaping on the site. Any such materials imported on to the site must be accompanied by documentation to validate their quality and be submitted to the Local Planning Authority for approval prior to the occupancy of the site.

Reason:

To ensure imported materials are suitable and do not introduce any land contamination risks onto the development.

APPROVAL CONDITION- Unsuspected Contamination [Performance Condition]

The site shall be monitored for evidence of unsuspected contamination throughout construction. If potential contamination is encountered that has not previously been identified no further development shall be carried out unless otherwise agreed in writing by the Local Planning Authority. 

Works shall not recommence until an assessment of the risks presented by the contamination has been undertaken and the details of the findings and any remedial actions has been submitted to and approved by the Local Planning Authority. 

Any changes to the agreed remediation actions will require the express written consent of the Local Planning Authority.

Reason:

To ensure any land contamination not previously identified is assessed and remediated so as not to present any significant risks to human health or, the wider environment.

UPON BEING PUT TO THE VOTE THE OFFICER RECOMMENDATION TO GRANT CONDITIONAL PLANNING PERMISSION WAS LOST

RECORDED VOTE:

AGAINST:  Councillors Jones, Mrs Blatchford, Claisse, Cunio, L Harris and Thomas

ABSTAINED:  Councillor Osmond

A FURTHER MOTION PROPOSED BY COUNCILLOR MRS BLATCHFORDAND SECONDED BY COUNCILLOR JONES THAT THE APPLICATION BE REFUSED FOR THE FOLLOWING REASONS WAS CARRIED

REASONS FOR REFUSAL

Overdevelopment of the site

The proposal would represent an overdevelopment of the site by reason of the following design issues:

(i)  The separation distances between the proposed dwellings and the rear of the existing dwellings at 30-32 High Road and the properties in Rayners Gardens are less than those set out in the Residential Design Guide adopted Supplementary Planning Document (September 2006), meaning that the proposal would have an adverse impact on the amenities of the existing and future occupants of the neighbouring property (paragraphs 2.2.1 to 2.2.10 of the Residential Design Guide refers). The development would therefore, prove contrary to the provisions of policy CS13 (11) of the Southampton Local Development Framework Core Strategy Development Plan Document (January 2010) and saved policies SDP1 (i), SDP7 (v), SDP9 (v) and H2 (iii) of the City of Southampton Local Plan Review (March 2006).

(ii)  It has not been demonstrated that an acceptable width of vehicular access into the site can be achieved which could therefore have a detrimental impact on the safety and convenience of the future occupiers of the site and users of the adjacent highway. This proves contrary to saved policies SDP1 (i) and SDP4 of the Southampton Local Plan Review (September 2006).

(iii)  The storage for refuse and recycling is overly remote to the collection point on High Road which would create a poor residential environment for future occupants of the development and is likely to result in refuse containers being permanently left adjacent to the public highway to the detriment of the character of the area. This is not in accordance with policies SDP1 (i) and as supported by section 9.3 of the Residential Design Guide Supplementary Planning Document.

(iv)  The storage for cycles is not conveniently located in terms of taking cycles from the store to the public highway. The development would therefore fail to promote cycling as a sustainable alternative to the private car and would therefore, not be in accordance with policy CS19 of the Southampton Core Strategy (January 2010), saved policy SDP5 (iii) of the Local Plan Review and as supported by section 5.3 of the Residential Design Guide Supplementary Planning Document (September 2006); and,

(v)  The percentage site coverage of built form and hard surfaced areas at just under 68.9%, exceeds the guidance of paragraph 3.9.2 of the Residential Design Guide (September 2006).

RECORDED VOTE

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

ABSTAINED:  Councillor Osmond

RESOLVED that planning permission be refused for the reasons set out above.