Report of the Service Lead, Planning, Infrastructure and Development recommending that the Panel delegate approval in respect of an application for a proposed development at the above address.
The Panel considered the report of the Service Lead, Planning, Infrastructure and Development recommending delegated authority be granted in respect of an application for a proposed development at the above address.
Change of use of land from open space and landscaping into operational railway use and construction of new railway sidings, with associated works and proposed change of use of Network Rail land to public open space (resubmission 15/00306/FUL) - Amended submission following initial consultation.
Mr D Alexander, Val Howard, Dave Smith and Peter Beech (local residents/ objecting), Mr Bates (applicant), Mr Farthing (supporter) and Councillor McEwing (ward councillor objecting) were present and with the consent of the Chair, addressed the meeting.
The presenting officer reported that had been a Habitats Regulation Assessment presented and advised Members that the Panel were required to confirm it along with the recommendation. The presenting officer noted that there had been further correspondence and updates since the publication of the report. It was explained that the City Council’s Ecologist had now responded and that there was no objection to application subject to the amendment of Condition 7 as set out below.
It was reported that Southampton Commons and Park Protection Society had requested more certainty about the delivery of the open space and future consultation by the Council and confirmed that it was content that amendments proposed by officers addressed the organisations concerns.
In their absence the reporting officer detailed additional correspondence from Councillors Pope and Whitbread outlining their concerns. Councillor Pope confirmed his objection to the scheme explaining that Network Rail had not: listened to residents; that the scheme did not mitigate the impacts of the application; and that the alternatives had not been given due consideration. Councillor Whitbread’s concerns requested that: the scheme should remove an existing portacabin; Planting around retained compound was insufficient and that fencing should be replaced; that Network Rail should wash and treat the existing bridge; and that Lighting and CCTV needed for the pocket park.
The Panel were informed that Network Rail confirmed that lighting and CCTV will be costed and provided for the pocket park and confirmed that Network Rail will undertake works to the Station Square. It was noted the offer of CCTV and lighting had satisfied the Hampshire Constabulary holding objection.
The Panel also noted that conditions relating to hours of work required amendment to reduce the total number of working hours.
Upon being put to the vote the Panel confirmed the Habitats Regulation Assessment.
The Panel expressed a concern that residents should be fully consulted on the design of the new open space, which could be secured if delivered by the council rather than the applicant. A motion to delegate authority to the Service Lead: Planning, Infrastructure and Development to grant planning permission subject to the planning conditions and completion of a S.106 Agreement to secure a financial contribution for the delivery of the open space by the Council (rather than by the applicant) together with all other obligations recommended by officers was then proposed by Councillor Coombs and seconded by Councillor Murphy. . Upon being put to the vote the motion was carried.
RECORDED VOTE to delegate planning permission
FOR: Councillors Savage, Coombs, Mitchell and Murphy
AGAINST: Councillors Claisse, L Harris and Wilkinson
RESOLVED that the Panel:
(i) Approved the Habitats Regulations Assessment that confirms that the impacts of the development on protected European sites can be satisfactorily mitigated.
(ii) Delegate to the Service Lead – Infrastructure, Planning and Development to grant planning permission subject to the planning conditions recommended at the end of this report and the completion of a S.106 Legal Agreement to secure:
a. Financial contributions (including a commuted maintenance sum) to enable the delivery by the Council of a fully designed pocket park to the north of the railway linefollowing further public consultation and transfer of the required land to the City Council; in line with the current submission as shown on the submitted Landscape Mitigation Planting Scheme Plan. The contribution shall include provision for lighting and CCTV, at least 2:1 tree loss commitment across the scheme (minimum 190 trees) with a commitment for the delivery of a replacement tree belt to Wharf Park’s northern boundary, improved signage to the Park(s), the re-provision of the cycle track and the submission of a phasing plan linking the (re)provision of the open space, and its transfer to the Council, to the delivery of the approved Sidings as required by LDF Core Strategy policies CS21 and CS25
(iii) In the event that the legal agreement is not completed within three months of the decision of the Planning and Rights of Way Panel, the Service Lead - Infrastructure, Planning and Development be authorised to refuse permission on the ground of failure to secure the provisions of the Section 106 Legal Agreement.
(iv) That the Service Lead - Infrastructure, Planning and Development be given delegated powers to add, vary and /or delete relevant parts of the Section 106 agreement and/or conditions as necessary.
7.Ecological Mitigation Plan & Construction Environment Management Plan (CEMP)
The development shall be carried out in accordance with the recommendations of the AECOM Ecological Appraisal (April 2018). Notwithstanding the AECOM Appraisal prior to the commencement of development a revised Construction and Environmental Management Plan (CEMP) and Biodiversity Mitigation and Enhancement Plan (BMEP) as required by Natural England shall be submitted to and agreed in writing by the Local Planning Authority. The CEMP and BMEP shall include details of how the mitigation required by the Habitats Regulations Assessment will be secured and detail how lighting will be designed (at both the construction and development phases) to mitigate direct impacts. The development will proceed in accordance with the agreed CEMP and BMEP
REASON: To protect the European sites and their supporting habitat and to ensure that the construction phase adequately mitigates its direct impacts upon local ecology
13.Hours of work for Demolition / Clearance / Construction (Performance)
All works relating to the demolition, clearance and construction of the development hereby granted shall only take place between the hours of:
Monday to Friday 08:00 to 18:00 hours
Saturdays 09:00 to 13:00 hours
And at no time on Sundays and recognised public holidays.
Any works outside the permitted hours shall be confined to a maximum of 12 occasions only where working between 16:00 on Saturday and 02:00 on Sunday (ie. Saturday night and early Sunday working) are permitted following notification by the applicant to the Council’s Planning Department, Redbridge Ward Cllrs and residents living within 100 metres of the application site.
REASON: To protect the amenities of the occupiers of existing nearby residential properties and to enable works to take place outside of peak passenger times in the interests of continuous rail provision and health and safety.
NB. Represents a reduction from 261 to 120 hours with Sunday working greatly reduced