Agenda item

Report of the Service Lead, Infrastructure, Planning 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.

Development of the site to provide a single storey food store (use class A1) with 158 car parking spaces to be accessed from Frogmore Lane via a new spur road and associated landscaping (departure from development plan).

Samuel Judd (local residents/ objecting), Simon Reynier (City of Southampton Society) and James Mitchell (applicant), were present and with the consent of the Chair, addressed the meeting.

The presenting officer reported a number of updates to the report.  It was noted that the number of parking space had been amend from 158 to 130.  In addition it was explained the wording of the 106 requirements under section (i)b(1) need to be amended, as set out below. 

It was noted that report had inaccurately stated in paragraph 2.1 and condition 7 stated that the net sales area explained that this required to be amended to 1,325 sq.m from 1,352 sq.m.

The officer explained that the condition relating to site access would need to be amended, as set below. 

The Panel then considered the recommendation to delegate authority to the Service Lead: Infrastructure, Planning and Development to grant planning permission. Upon being put to the vote the recommendation was carried.

RECORDED VOTE:  to refuse planning permission.

FOR:  Councillors Savage, Mitchell, Coombs, Harris and Windle

ABSTAINED:  Councillor Galton

RESOLVED that the Panel:

  (i)  Delegated approval to the Service Lead –Infrastructure, Planning and Development Manager to grant planning permission subject to

a.  The conditions set out in the report and any amendments set out below; and

b.  the completion of a S.106 Legal Agreement to secure:

  1.  Either a s.278 Agreement to undertake agreed works to the Brownhill Way/Frogmore Lane junction prior to the store first opening or, a financial contribution to cover the full cost of the Brownhill Way/Frogmore Lane junction works, in line with Policy SDP4 of the City of Southampton Local Plan Review (as amended 2015), policies CS18 and CS25 of the adopted LDF Core Strategy (as amended 2015) and the adopted SPD relating to Planning Obligations (September 2013). 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.

  2.  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.

  3.  Submission, approval and implementation of a Travel Plan.

  4.  Submission, approval and implementation of a Servicing Management Plan including the routing of HGVs that service the store.

  5.  Submission, approval and implementation of a Site Waste Management Plan

  6.  The submission, approval and implementation of a Carbon Management Plan setting out how the carbon neutrality will be achieved and/or how remaining carbon emissions from the development will be mitigated in accordance with policy CS20 of the Core Strategy and the Planning Obligations SPD (September 2013).

  (ii)  That the Service Lead – Infrastructure, Planning & Development be given delegated powers to add, vary and /or delete relevant parts of the Section 106 agreement and/or conditions as necessary. In the event that an acceptable junction design cannot be agreed or the legal agreement is not completed within a reasonable period following the Panel meeting, the Service Lead-Infrastructure, Planning & Development be authorised to refuse permission on the ground of failure to secure the provisions of the Section 106 Legal Agreement.

  (iii)  In the event that the scheme’s viability is tested prior to planning permission being issued and, following an independent assessment of the figures, it is no longer viable to provide the full package of measures set out above then a report will be brought back to the Planning and Rights of Way Panel for further consideration of the planning application.

Amended Conditions

Condition 2 (Access to Site) to as follows:

Before the store hereby approved first comes into use, the access to the site shall be provided in accordance with the plans and information approved as part of planning application planning application reference 17/01600/FULLS).

REASON: To secure a satisfactory means of access to the site in the interests of the character, amenity and safety of the area.

5.  Landscaping scheme (Pre-Commencement Condition)

Notwithstanding the submitted details, before the commencement of any site works a detailed landscaping scheme and implementation timetable shall be submitted to and approved by the Local Planning Authority in writing, which includes:

i.  Planting plans; written specifications; schedules of plants, noting species, plant sizes and proposed numbers/planting densities where appropriate and to include a diverse planting scheme for the area demarcated on the submitted plans as “remain as existing grass land”;

ii.  A specification of the trees to be planted providing native trees and an increase in broadleaf tree planting across the site including within the area demarcated on the submitted plans as “remain as existing grass land”;

iii.  Any trees to be lost shall be replaced on a favourable basis (a two-for one basis unless circumstances dictate otherwise and agreed in advance);

iv.  Details of all hardstanding;

v.  details of any proposed boundary treatment, including retaining walls and;

vi.  a landscape management scheme including an automated irrigation scheme or similar to maintain the vegetation on site.

The approved hard and soft landscaping scheme (including parking) for the whole site shall be carried out prior to occupation of the building or during the first planting season following the full completion of building works, whichever is sooner. The approved scheme implemented shall be maintained for a minimum period of 10 years following its complete provision.

Any trees, shrubs, seeded or turfed areas which die, fail to establish, are removed or become damaged or diseased, within a period of 10 years from the date of planting shall be replaced by the Developer in the next planting season with others of a similar size and species unless the Local Planning Authority gives written consent to any variation. The Developer shall be responsible for any replacements for a period of 10 years from the date of planting.

REASON: To improve the appearance of the site and enhance the character of the development in the interests of visual amenity, to ensure that the development makes a positive contribution to the local environment and, in accordance with the duty required of the Local Planning Authority by Section 197 of the Town and Country Planning Act 1990