Agenda and minutes

To approve and sign as a correct record the Minutes of the meetings held on 24 August 2021 and to deal with any matters arising.

RESOLVED: that the minutes for the Panel meeting on 24^th August 2021 be approved and signed as a correct record.

Report of the Interim Head of Planning and Economic Development recommending that the Panel refuse planning permission in respect of an application for a proposed development at the above address.

The Panel considered the report of the Head of Planning and Economic Development for an application to vary the planning obligation set out at The Second Schedule (Waterfront Access) of the Section 106 Agreement dated the 16th November 1998, allowing the Waterfront Access (the walkway) gates to remain locked outside of the following hours: 1st April - 31st October (Summer Period) 08:00 - 20:00, 1st November - 31st March (Winter Period) 08:00 - 16:00 (Revised submission to application 19/00719/FUL).

Ian Johnson (agent), Andrew Mitchell (applicant), and Councillor Mitchell (ward councillor) were present and with the consent of the Chair, addressed the meeting. In addition the Panel statements from Sarah Brightwell and the Southampton Commons and Parks Protection Society, (SCAPPS), were circulated to the Panel and posted online.

The Panel then considered the officer recommendation. Upon being put to the vote the recommendation was carried unanimously.

RESOLVED that the Panel:

(i)  Rejected the request to vary the previous decision (19/00719/FUL) of the Planning & Rights of Way Panel (July 2019) under S106A of the Town & Country Planning Act that the planning obligation shall continue to have effect without modification, as contrary to CLT10 – Public Waterfront and Hards and CS 12 – Accessible & Attractive Waterfront.

(ii)  Authorise the Head of Planning & Economic Development to enter into a s.106 Deed of Variation, at the applicant’s expense, in accordance with the following heads of terms:

a.  Amend the original planning obligation to provide a waterfront walkway/cycleway for recreational purposes at all times subject to the Management Plan.

b.  Submit a Management Plan for approval in writing by the Council within 1 month from the completion of the Deed of Variation. The Management Plan to ensure that the gate is unlocked in the morning and locked in the evening every day, in line with the hours approved, with an ongoing commitment to retaining waterfront access for wider public use and compliance with the approved Management Plan for the lifetime of the Development;

c.  The gates to remain open / closed as agreed in line with the hours set out below:

2nd April – 29th September   07.00 – 21.00

30th September – 1st April   07.00 – 18.00

with no further means of enclosure erected on the land without prior written approval

(iii)  Authorised the Head of Planning and Economic Development – Infrastructure, Planning and Development to take enforcement action in respect of any breach of the extant planning obligation if the Deed of Variation is not completed within 3 months from the date of this Panel meeting and/or the Management Plan hasn’t been agreed as required; and,

(iv)  Authorised the Head of Planning and Economic Development  – Infrastructure, Planning and Development to take enforcement action in respect of any breach of the revised hours, in line with the agreed amendment within 1 month from the written approval by the Council of the Management Plan.

Report of the Interim Head of Planning and Economic Development recommending that conditional approval be granted in respect of an application for a proposed development at the above address.

RESOLVEDThe Panel noted that this item had been withdrawn from consideration at this meeting.

Report of the Interim Head of Planning and Economic Development recommending that conditional approval be granted in respect of an application for a proposed development at the above address.

The Panel considered the report of the Head of Planning and Economic Development recommending that conditional planning permission be granted in respect of an application for a proposed development at the above address.

Change of use of premises to Offices (Class E (g)(i))

Duncan Bendermarcher (local resident objecting), Carl Patrick (agent), and Councillor Shields (ward councillors/objecting) were present and with the consent of the Chair, addressed the meeting. In addition a statement from Mr Brian True was circulated to the Panel and posted online.

The presenting officer reported that Condition 4 required amending and that an additional condition would be required for parking layout.  Members voted to add a further condition that detailed occupancy levels.  The additional conditions are set out below. 

The Panel then considered the recommendation to grant conditional planning permission (subject to the additional conditions set out below. Upon being put to the vote the recommendation was carried.

RECORDED VOTE to grant planning permission

FOR:  Councillors L Harris, Prior, Magee, Savage, Coombs and

Windle

AGAINST:  Councillor Savage

RESOLVED that planning permission be approved subject to the conditions set out within the report and any additional or amended conditions set out below:

ADDITIONAL AND AMENDED CONDITIONS

4. CYCLE PARKING (Performance Condition)

Before the development hereby approved first comes into occupation, the storage for bicycles shall be provided and made available for use in accordance with the plans hereby approved and the details contained in the applicant's correspondence dated 20/08/2021. The storage shall thereafter be retained as approved.

REASON: To encourage cycling as an alternative form of transport.

6. PARKING (PERFORMANCE)

The parking layout shall be provided in accordance with the plans hereby approved before the offices first comes into use and shall thereafter be retained as approved for the lifetime of the office use and the non-designated parking areas shall be kept clear at all time. 

REASON: To prevent obstruction to traffic in neighbouring roads and in the interests of highway safety.

7. OCCUPANCY LIMIT

The maximum number of staff employed on site at any one time shall not exceed 7 employees.

REASON: To protect the amenities of the occupiers of existing nearby residential properties and to manage parking behaviour.