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 three buildings of 9 - storeys, 16 - storeys and 26 - storeys to provide 299 flats (37 x 1-bedroom, 225 x 2-bedroom and 37 x 3 - bedroom) and 2764 square metres of commercial floor space comprising retail (Class A1) and/or cafes/restaurants (Class A3) and/or drinking establishments (Class A4) with associated storage and parking.
The presenting officer advised that English Heritage had withdrawn their objection and that the city ecologist was satisfied with the ecological report.
Mr Beck (Agent), Mr Clark (supporting) and Mrs Cooper (objecting) (Local Residents) were present and with the consent of the Chair, addressed the meeting.
UPON BEING PUT TO THE VOTE THE OFFICER RECOMMENDATION TO DELEGATE AUTHORITY TO THE PLANNING AND DEVELOPMENT MANAGER TO GRANT CONDITIONAL PLANNING PERMISSION SUBJECT TO THE APPLICANT ENTERING INTO A SECTION 106 LEGAL AGREEMENT WAS CARRIED UNANIMOUSLY
RESOLVED that
1. Authority be delegated to the Planning and Development Manager to grant conditional planning approval subject to:-
(a) the completion of a S.106 Legal Agreement to secure the following heads of terms:
i. Financial contributions towards site specific transport contributions for highway improvements in the vicinity of the site 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 polices 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 CS15.
v. A financial contribution towards public realm improvements in accordance with the adopted SPG relating to Planning Obligations (August 2005 as amended).
vi. 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.
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 Obligations to ensure the permanent provision of public access to the promenade, raised terraces and public square.
ix Submission, approval and implementation of a Waste Management Plan.
x. Submission and implementation of a Travel Plan.
xi. Obligations to prevent residential occupiers of the development using the public car parking spaces on a permanent basis.
xiii. Submission and implementation of a Flood Management Plan.
(b) the conditions in the report and the amended and additional conditions set out below:
2. Delegated powers being given to the Planning and Development Manager 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.
3. If details of materials to be submitted pursuant to condition 2. are the same as those presented to Panel, then power is delegated to the Planning and Development Manager to discharge the requirements of Condition 2 (Details of Building Materials).
4. If there is a significant change to the details of materials from that presented to the Panel then the discharge of condition 2. should be determined by the Planning and Rights of Way Panel.
5. The Planning and Development Manager shall consult the Chair of the Planning and Rights of Way Panel to determine whether any change to materials submitted to condition 2. is significant.
Amended Condition
24 Hours of Use – Food/drink establishments
The food and drink uses / drinking establishments hereby permitted shall not operate (meaning that customers shall not be present on the premises, no sale or delivery of food or drink for consumption on or off the premises) outside the hours of 0730 to midnight on any day.
Reason:
To protect the amenities of the occupiers of existing nearby residential properties.
Additional Conditions
37. APPROVAL CONDITION - Ecological Mitigation Statement [Pre-Commencement Condition]
Prior to development commencing, including site clearance, the developer shall submit a programme of habitat and species mitigation and enhancement measures, [as set out in the submitted Ecological Appraisal Report from Aluco Ecology dated December 2011 with the application] which unless otherwise agreed in writing by the Local Planning Authority shall be implemented in accordance with the programme before any demolition work or site clearance takes place.
REASON
To safeguard protected species under the Wildlife and Countryside Act 1981 (as amended) in the interests of preserving and enhancing biodiversity.
38. APPROVAL CONDITION - Doors within basement car park (Performance Condition)
Notwithstanding what is shown on approved drawing number 10.001.130, and before the basement car park is brought into use, the doors to the cycle stores shall be designed so as not to open outwards onto the manoeuvring areas for vehicles.
REASON
In the interests of public safety.
39. APPROVAL CONDITION - Traffic lights to car park (Pre-Occupation Condition)
The basement car park to Buildings 1 and 2 shall not be brought into use until traffic light controls on vehicle entry and exit has been installed in accordance with details which have first been submitted to and approved in writing by the Local Planning Authority. The approved traffic light controls shall subsequently be retained unless otherwise agreed in writing by the Local Planning Authority.
REASON
In the interests of highway safety and to prevent congestion in the access road.
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 application site on the waterfront is an appropriate location for tall buildings and that the detailed design treatment is satisfactory. Furthermore the LPA is satisfied that the proposed development would not have a detrimental impact on the setting of listed buildings nearby or on the character and appearance of the adjoining Canute Road Conservation Area. 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 thus planning permission should be granted.
Policies - SDP1, SDP6, SDP7, SDP9, SDP10, SDP13, HE1, HE3, HE6, CLT5, CLT6, CLT11, CLT14, H1, H2, H7, REI7 and MSA1 of the City of Southampton Local Plan Review (March 2006) and Policies CS1, CS3, CS4, CS6, CS12, CS13, CS14, CS15, CS16, CS19, CS20, CS23, CS24 and CS25 of the Local Development Framework Core Strategy Development Plan Document (January 2010).
Supporting documents: