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 all the existing buildings and redevelopment to provide 35 houses (25 x 3 bedroom and 10 x 4 bedroom), 90 flats (14 x 1 bedroom, 75 x 2 bedroom, 1 x 3 bedroom) and new retail/office/food and drink use on the former Exford Arms site (Classes A1/A2/A3/A4/A5) with associated parking and other works including diversion/extinguishment/creation of rights of way.

Mr Priestley (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)  the 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 phases of the land to be transferred containing the heads of terms set out in the report to the planning and rights of way panel and the additional heads of terms detailed below:

i)  A minimum on-site provision of 11 dwellings (ie.35% 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 playarea - 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;

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

ix)  The submission, approval and implementation of public art that is consistent with the Council’s Public Art ‘Art People Places’ Strategy and in accordance with Policies CS13 & CS25 of the Local Development Framework Core Strategy Development Plan Document - Adopted Version (January 2010) and the adopted SPG relating to Planning Obligations (August 2005 as amended); and

x)  The stopping up and diversion of the existing roads and footpaths as indicated within the planning application submission.

(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 stopping up of the existing roads and footpath as indicated in the planning application as it is necessary to allow the development to proceed.

Amended conditions

24. APPROVAL CONDITION - Hours of use commercial establishments [Performance Condition]

The commercial uses in block k hereby permitted shall not operate (meaning that customers shall not be present on the premises, no preparation, sale or delivery of food or drink for consumption on or off the premises) outside the following hours:

07:30 hours to 23.00 hours

Unless otherwise agreed in writing by the Local Planning Authority.  A notice to this effect shall be displayed at all times on the premises so as to be visible from the outside.

Reason:

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

32. APPROVAL CONDITION - Renewable Energy - Micro-Renewables (Pre-Commencement Condition)

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 [as detailed 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 [as required in core strategy policy CS20] over part L of the Building Regulations must be submitted and approved in writing by the Local Planning Authority prior to the commencement of the development 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).

REASONS FOR DECISIONS

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 22.11.11 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 2010) and PPG13 (Transport 2011) are also relevant to the determination of this planning application.