Agenda item

Report of the Service Lead, Planning, Infrastructure and Development in regard to a request to vary the planning obligation set out at The Second Schedule (Waterfront Access) of the Section 106 Agreement dated the 16th November 1998in respect of an application for a proposed development at the above address.

The Panel considered the report of the Service Lead, Infrastructure, Planning and Development in regard to a request to vary the planning obligation set out at The Second Schedule (Waterfront Access) of the Section 106 Agreement dated the 16th November 1998 in respect of an application for a proposed development at the above address.

Proposed development: Closure of waterside walkway for public use:- Request 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 thus removing the ability for the general public to access the walkway for recreational purposes at all times.

Jason Bluemel (local residents/ objecting), R Tutton (agent) A Mitchell, C Coles and Z Orton (supporter) and Councillor Savage (Ward Councillor objecting) were present and with the consent of the Chair, addressed the meeting.

The presenting officer reported that further correspondence from the Police

and that the recommendations should refer to gates.  Panel Members suggested that that the timings used within the recommendation be updated to timings in line with restrictions that had been granted at Ocean Village.  The Panel, following a vote, amended the officer recommendation to set the timings of the opening of the gates to the same as Ocean Village.  The Panel also requested that the recommendation be amended to take into consideration, the Panel’s request, to ensure that there was a mechanism to monitor and review the effects of the closure of the gates. 

The Panel then considered the amended recommendation to vary the section 106 arrangement permission. Upon being put to the vote the amended recommendation was carried unanimously.

RESOLVED that the Panel

(i)  rejected the request to vary the planning obligation as contrary to CLT10 – Public Waterfront and Hards and CS 12 – Accessible & Attractive Waterfront;

(ii)  delegated authority to the Service Lead – Infrastructure, Planning and Development to enter into a s.106 Deed of Variation (DoV), at the applicant’s expense, in accordance with the following heads of terms:

a.  Amend the obligation to provide a waterfront walkway/cycleway for recreational purposes at all times subject to the Management Plan, which should include the agreed review timeframe and mechanism;

b.  Submit a Management Plan detailing the retaining waterfront access for wider public use ensuring compliance with the approved Management Plan for the lifetime of the Development; for approval in writing by the Council within 1 month from the completion of the DoV; ensuring that the gates are unlocked in line with the 16/01971/FUL planning consent at Land adjacent to 2 Andes  Close and 1 Calshot Court, with requirements set out below;

  i.  That the gates hereby approved shall not be closed between the following hours:

·  0700 hours and 2100 hours on any day between 02 April - 29 September;

·  0700 hours and 1800 hours on any day between 30 September - 01 April 

  ii.  That in order to ensure public access to the waterfront during day time hours in accordance with policy CS12 of the City of Southampton Core Strategy and policy AP35 of the City Centre Action Plan;

  iii.  The gates to remain unlocked as per hours set out in (ii) b. above and no further means of enclosure erected on the land without prior written approval;

(iii)  delegated authority to the Service Lead – Infrastructure, Planning and Development to take enforcement action in respect of any breach of the extant planning obligation if the DoV is not completed within 3 months from the date of this Panel meeting (18^th October 2019) and/or the Management Plan hasn’t been agreed as required; and

(iv)  delegated authority to the Service Lead – Infrastructure, Planning and Development to take enforcement action in respect of any breach of the proposed planning obligation if the gates is not unlocked in line with the agreed amendment within 1 month from the written approval by the Council of the Management Plan (22^nd November 2019.)