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.

Demolition of the existing buildings and re-development to provide 30 houses (29 x 3 bedroom and 1x 4 bedroom) and 33 flats (7 x 1 bedroom and 26 x 2 bedroom) with associated parking and other works including diversion of an existing public footpath (affects a Public Right of Way).

Mr Priestly (Architect) was present and with the consent of the Chair addressed the meeting.

The Panel discussed a revised officer recommendation to grant conditional planning permission subject to receipt of a section 111 agreement between the Council and the applicant providing that the applicant will prior to or simultaneously with the completion of the land transfer enter into a Section 106 agreement / s with the Council as local planning authority for the whole of the application land or for each phase of the land to be transferred.

UPON BEING PUT TO THE VOTE THE REVISED OFFICER RECOMMENDATION TO GRANT CONDITIONAL PLANNING PERMISSION SUBJECT TO THE TERMS SET OUT BELOW WAS CARRIED UNANIMOUSLY

RESOLVED

(a)  that conditional planning approval be granted subject to:

(i)  the conditions in the report and amended conditions below:

(ii)  receipt of an agreement made pursuant to section 111 of the Local Government Act 1972 between the council as landowner and the applicant providing that the applicant will prior to or simultaneously with the completion of the land transfer or any part thereof either enter into with the Council as local planning authority:

·  a section 106 agreement(s) that covers either the whole of the application land; or,

·  section 106 agreements covering each phase of the land to be transferred containing the following Heads of Terms:

i)  A minimum on-site provision of 2 dwellings (ie.20% of the net gain) to be provided on-site as affordable housing in accordance with adopted LDF Core Strategy Policy CS15;

ii)  A financial contribution and/or the implementation and maintenance of an agreed series of site specific transport 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 adopted LDF Core Strategy policies CS18 and CS25;

iii)  A financial contribution and/or the implementation and maintenance of an agreed series of strategic transport projects for highway network improvements in the wider area as set out in the Local Transport Plan and appropriate SPG/D;

iv)  Financial contributions towards the relevant elements of public open space required by the development – including the replacement of the existing children’s play area - in line with Policy CLT5 of the City of Southampton Local Plan Review (March 2006) as supported by adopted LDF Core Strategy policies CS21 and CS25;

v)  Submission and implementation of a Training & Employment Management Plan committing to adopting local labour and employment initiatives (during and post construction) in line with adopted LDF Core Strategy policies CS24 and CS25;

vi)  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;

vii)  Agreement of construction vehicle routing; and,

viii)  The funding of Traffic Regulation Orders (TRO) required to enable the development to be implemented.

(b)  that the Planning and Development Manager be given delegated authority to add or vary any of the attached planning conditions or the terms of the Section 106 agreement; and

(c)  that approval is given by the Panel for the diversion and temporary stopping up of the existing Right of Way linking Laxton Close with Bramley Crescent as it is necessary to allow the development to proceed.

Amended conditions

13. APPROVAL CONDITION - Renewable Energy - Micro-Renewables

An assessment of the development’s total energy demand and a feasibility study for the inclusion of renewable energy technologies on the site, that will achieve a reduction in CO2 emissions assessed against the baseline of Part L of the Building Regulations [20% as required in core strategy policy CS20] must be conducted. Plans for the incorporation of renewable energy technologies to the scale that is demonstrated to be feasible by the study, and that will reduce the CO2 emissions of the development assessed against the baseline of Part L of the Building Regulations [20% as required in core strategy policy CS20] must be submitted and approved in writing by the Local Planning Authority prior to the commencement of the development (excluding the demolition and site preparation phase) hereby granted consent. Renewable technologies that meet the agreed specifications must be installed and rendered fully operational prior to the first occupation of the development hereby granted consent and retained thereafter.

REASON:

To reduce the impact of the development on climate change and finite energy resources and to comply with adopted policy CS20 of the Local Development Framework Core Strategy Development Plan Document Adopted Version (January 2010).

21. APPROVAL CONDITION – Right of Way (Laxton Close to Bramley Crescent)

Unless otherwise agreed in writing by the Local Planning Authority, details of how the existing right of way linking Laxton Close and Bramley Crescent can be retained during the demolition and construction phase, shall be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of any site clearance or demolition works taking place in association with this permission.  The right of way shall be made available, with safe footpaths for pedestrians, prior to the first occupation of the development or in accordance with another timescale that shall have been agreed in writing with the Local Planning Authority prior to the first occupation of the development.

REASON:

As the development potentially involves a temporary stopping up during the construction phase, and to ensure that the existing right of way is retained for safe access to local schools and is correctly reinstated.

REASONS FOR DECISION

The development is acceptable taking into account the policies and proposals of the Development Plan as set out below.  The impact of the proposed development, in terms of visual and neighbour amenity, highway safety and parking are considered to be acceptable for the reasons detailed in the report to the Council’s Planning and Rights of Way Panel on 22^nd November 2011.  Particular account has also been taken of the third party response to the scheme, the quality of the proposed redevelopment proposals, the associated regeneration benefits and improvements to local housing (including a high percentage of affordable and family housing), current market conditions and the overall viability of the scheme.  Other material considerations do not have sufficient weight to justify a refusal of the application. In accordance with Section 38 (6) of the Planning & Compulsory Purchase Act 2004, and application 11/01423/FUL should therefore be granted in accordance with the following policies:

City of Southampton Local Plan Review (March 2006) policies SDP1, SDP4, SDP5, SDP6, SDP7, SDP8, SDP9, SDP10, SDP11, SDP12, SDP13, SDP14, SDP15, SDP16, SDP17, SDP19, SDP22, NE7, HE6, CLT5, CLT6, CLT7, H1, H2, H3, H7 and TI2 and City of Southampton Core Strategy (January 2010) policies CS4, CS5, CS13, CS14, CS15, CS16, CS18, CS19, CS20, CS21, CS22, CS24and CS25 as supported by the relevant national planning guidance and the Council’s current supplementary planning guidance listed in the Panel report at Appendix 1.