Agenda item

(i)

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

a)

the conditions in the report;

b)

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

c)

the 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 upon Bouygues Development and any other person with an interest in the land 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 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.  Details to include additional explanatory signage to be erected in Parkville Road at the applicant’s expense;

viii)   A Student Car Ownership Restriction Mechanism as part of any student contract of tenancy shall be agreed and imposed. No student shall be entitled to park on the land or to obtain parking permits to the Council’s Controlled Parking Zones.  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 wording to the effect that they shall not bring a car to Swaythling Ward whilst living at City Gateway and may be evicted if found to have done so. 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 leading to possible eviction. This will be at the discretion of the University of Southampton and/or any designated operator and/or the landowner upon receipt of valid evidence.  Reception area to have an up-to-date telephone number with information about when and where breaches can be reported.Without prejudice to the above paragraph, the mechanism will be agreed between the University/operator and Southampton City Council prior to first occupation of the building;

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;

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;

xx)  Market Buildings Car Parking Improvement Scheme (MBCPIS) – Prior to implementation to have approved in writing by the Council a scheme of works for the MBCPIS - to include consultation with Market Building’s residents and business owners, a minimum of 37 parking spaces, tree protection measures during construction, and enhancements to the area’s appearance including the associated Herbert Collin’s Memorial Garden.  The MBCPIS shall be provided prior to the first occupation of the development in accordance with an agreed S.278 and TRO for any additional parking restrictions; and,

xxi)  Details of additional explanatory signage to be erected in Ethelbert Avenue at the applicant’s expense.

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.