Agenda item

Land between 136-166 Above Bar Street 11/01074/FUL

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:

Erection of two buildings, one of which would be up to 10-storeys in height, to provide an arts complex incorporating two auditoria, gallery space etc; ground floor retail/restaurant/cafe/drinking establishments (Classes A1/A3/A4) and 29 flats (7 x one-bedroom, 15 x two-bedroom and 7 x three-bedroom) with underground parking of 33 spaces. The development proposes stopping up an existing right of way, stopping up an area of public highway on Above Bar Street and the formation of a new street between Above Bar Street and Park Walk incorporating a replacement public right of way.

 

Mr O’Brien was present and with the consent of the Chair, addressed the meeting.

 

UPON BEING PUT TO THE VOTE THE AMENDED OFFICER RECOMMENDATION TO GRANT CONDITIONAL PLANNING PERMISSION SUBJECT TO THE RECEIPT OF AN UNDERTAKING FROM THE HEAD OF PROPERTY AND PROCUREMENT TO IMPOSE A CONDITION IN THE LAND SALE AGREEMENT THAT THE APPLICANT ENTER INTO A SECTION 106 LEGAL AGREEMENT PRIOR TO THE COMPLETION OF THE LAND SALE WAS CARRIED UNANIMOUSLY

 

RESOLVED

 

(i)

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

 

a)

the conditions in the report and additional condition below;

 

b)

confirmation in writing from the applicant prior to the grant of planning permission that the attached draft Heads of Terms are acceptable to the applicant;

 

c)

the receipt of an undertaking from the Head of Property and Procurement that the contract for the sale of Council owned land, the subject of this application will be conditional on the applicant or any other person with an interest in the land entering into a Section 106 legal agreement with the Council prior to completion of the land transfer to provide the following planning obligations:

 

 

 

i.   Financial contributions towards site specific transport contributions for highway improvements in the vicinity of the site, including paying for the necessary Traffic Regulation Order, 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 improvements in the wider area as set out in the Local Transport Plan and appropriate SPG/D.

 

iii.   Financial contributions towards open space improvements required by the development in line with Policies 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).

 

iv.  Provision of affordable housing in accordance with Core Strategy Policy CS 15.

 

v.   Submission and implementation of a Training and Employment Management Plan committing to adopting local labour and employment initiatives in line with Core Strategy Policies CS24 and CS25.

 

vi.  Submission, approval and implementation of Public Art in accordance with the Council's Public Art Strategy.

 

vii.  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.

 

viii  Submission, approval and implementation of a Waste Management Plan.

 

ix  Financial contribution or works of improvement to the public realm in accordance with policy and the relevant SPG.

 

That the Planning and Development Manager be given delegated powers to vary relevant parts of the Section 106 agreement and to vary or add conditions as necessary as a result of further negotiations with the applicant and analysis of the viability appraisal.

 

(ii)  Authority is given for the making of a diversion order to divert the public right of way and to stop up the area of footway as it is necessary for the development to proceed.

 

Additional Condition

 

29 Delivery Times

 

No deliveries to the commercial premises or the arts facilities hereby approved shall take place outside the hours of 0700 to midnight on any day.

 

REASON:

To safeguard the amenities of future occupiers of the residential accommodation

 

REASONS FOR DECISION

 

The development is acceptable taking into account the policies and proposals of the Development Plan as set out below. The Local Planning Authority is satisfied that the proposed buildings would not have a detrimental impact on the setting of adjoining listed buildings or the adjoining park of historic interest.  Other material considerations have been considered and are not judged to have sufficient weight to justify a refusal of the application, and where applicable conditions have been applied in order to satisfy these matters. The scheme is therefore judged to be in accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004 and planning permission should therefore be granted.

 

Policies - SDP1, SDP5, SDP7, SDP8, SDP9, SDP10, SDP11, SDP13, HE3, HE5, HE6, CLT1, CLT5, CLT6, H1, H2, H7, REI7 and MSA5  of the City of Southampton Local Plan Review (March 2006) and CS1, CS3, CS4, CS5, CS6, CS13, CS14, CS15, CS16, CS18, CS19, CS21 and CS25 of the Local Development Framework Core Strategy Development Plan Document (January 2010).

Supporting documents: