Agenda and minutes

Planning and Rights of Way Panel (Prior to 13.05.2014) - Tuesday, 19th November, 2013 9.30 am

Venue: Conference Room 3 and 4 - Civic Centre. View directions

Contact: Sue Lawrence - Democratic Support Officer  023 8083 3569

Items
No. Item

66.

Apologies and Changes in Panel Membership (If Any)

To note any changes in membership of the Panel made in accordance with Council Procedure Rule 4.3.

 

Minutes:

The Panel noted that apologies had been received from Councillor Norris and that Councillor Inglis was in attendance as a nominated substitute in accordance with Procedure Role 4.3.

 

67.

Statement from the Chair

Minutes:

On behalf on the Panel the Chair expressed appreciation for the past service as Solicitor to the Panel given by Anne Greaves who was leaving the Authority.

68.

Minutes of the Previous Meeting (Including Matters Arising) pdf icon PDF 44 KB

To approve and sign as a correct record the Minutes of the meeting held on 15th October 2013 and to deal with any matters arising, attached.

 

Minutes:

RESOLVED that the minutes of the meeting held on 15th October 2013 be approved and signed as a correct record subject to an amendment to Minute 57:- title for “Miss Jameson (Portswood Residents’ Gardens / objecting)” to read “Mrs” Jameson.

 

 

69.

13/01204/FUL - 1 Colebrook Avenue pdf icon PDF 908 KB

Report of the Planning and Development Manager recommending conditional approval be granted in respect of an application for a proposed development at the above address, attached.

 

Minutes:

The Panel considered the report of the Planning and Development Manager recommending conditional approval be granted in respect of an application for a proposed development at the above address.  (Copy of the report circulated with the agenda and appended to the signed minutes).

 

Change of use from a dwelling house (Class C3) to either a HMO (Class C4) or a dwelling house (Class C3)

 

Miss Qaiyoom (applicant) and Mr Barlow (local resident / objecting) were present and with the consent of the Chair, addressed the meeting.

 

The presenting officer reported that an on-street parking survey had been submitted by the applicant since the report had been published indicating that the take up of available parking spaces had ranged between 55% and 83%.

 

RESOLVED that planning permission be granted subject to the conditions in the report and the additional condition below.

 

Additional Condition

 

APPROVAL CONDITION - Refuse storage and collection [Performance Condition]

Except for the day before collection day and collection day itself, refuse shall be stored to the rear of the property (as per the approved plans) and at no other time shall refuse associated with the residential property be stored to the front of the property.

 

REASON:

In the interest of visual amenity.

 

70.

13/01462/FUL - 52 - 54 Seagarth Lane pdf icon PDF 905 KB

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:

The Panel considered the 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.  (Copy of the report circulated with the agenda and appended to the signed minutes).

 

Internal and external alterations to facilitate conversion of building from a children's home to 8 x 2-bedroom flats, with associated parking and bin/cycle storage.

 

Mr Fulton (architect) Mr Holden (applicant) and Mrs Dewey (local resident / objecting) were present and with the consent of the Chair, addressed the meeting.

 

The presenting officer reported an amendment to the Heads of Term to the S106 agreement (deletion of clause iv regarding submission of a Carbon Management Plan) and the addition of a condition to secure a revised car parking layout.

 

RESOLVEDthat the Planning and Development Manager be given delegated powers togrant planning permission subject to the completion of an amended S106 legal agreement and the conditions in the report and the additional conditions set out below.

 

Additional Conditions

 

APPROVAL CONDITION - Sightlines specification [Pre-Commencement Condition]

Unless otherwise agreed in writing by the Local Planning Authority sight lines of 2m by 2m measured at the back of footway shall be provided before the use of any building hereby approved commences, and notwithstanding the provisions of the Town and Country Planning General Development Order 1988 no fences walls or other means of enclosure including hedges shrubs or other vertical structures shall be erected above a height of [0.6m / 0.75m] above carriageway level within the sight line splays.

 

REASON:

To provide safe access to the development and to prevent congestion on the highway.

 

APPROVAL CONDITION - Parking layout [pre-commencement condition]

Prior to the commencement of the development hereby approved, a revised car parking layout plan shall be submitted to and approved in writing by the Local Planning Authority. The revised plan shall re-orientate car parking space 2 and alter the access alignment at this point. The parking shall be implemented in accordance with the agreed details prior to the development first coming into occupation and thereafter retained as approved.

 

REASON:

To ensure that all the car parking spaces are fully accessible in the interest of highway safety and residential amenity.

 

 

 

APPROVAL CONDITION - Deliveries [performance condition]

Unless otherwise agreed in writing, during the construction of the development hereby approved, deliveries by heavy goods vehicles to the site shall take place outside of the hours of 07:30 to 08:30 in the mornings and 14:30 to 16:00 in the evenings, Mondays to Fridays, during school term times.

 

REASON:

To avoid conflict at school drop off and collection time in the interests of highway safety and residential amenity.

 

RECORDED VOTE to grant planning permission

 

FOR:  Councillors Mrs Blatchford, Claisse, Cunio, Lewzey, Lloyd and Norris

AGAINST:  Councillor Harris

 

71.

13/01384/FUL - Whitehaven Lodge, Buttermere Close pdf icon PDF 902 KB

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:

The Panel considered the 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.  (Copy of the report circulated with the agenda and appended to the signed minutes).

 

Redevelopment of the site to provide 28 dwellings (5 x one-bedroom, 15 x two-bedroom, 7 x three-bedroom and 1 x four-bedroom) in 2-storey and 3-storey buildings with associated car parking and highway works (affects a public right of way).

 

Mr Cronk (applicant) and Mr Priestley (agent / architect) were present and with the consent of the Chair, addressed the meeting.

 

The presenting officer reported an amendment to the Heads of Term to the S106 agreement (deletion of clause iv regarding submission of a Carbon Management Plan).

 

RESOLVED that the Planning and Development Manager be given delegated powers to grant planning permission subject to the completion of an amended S106 legal agreement and the conditions in the report.

 

72.

13/01484/FUL - 74 Belmont Road pdf icon PDF 766 KB

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.

 

Additional documents:

Minutes:

The Panel considered the 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.  (Copy of the report circulated with the agenda and appended to the signed minutes).

 

Redevelopment of the site. erection of a 3-storey building to provide 9 flats (1x 3-bed, 5x 2-bed and 3x 1-bed flats) with associated parking and cycle/refuse storage.

 

Mr Edmond (agent), Ms Hamilton-Wood and Ms Mortimore (local residents / objecting) and Councillor Vinson (ward councillor / objecting) were present and with the consent of the Chair, addressed the meeting.

 

The presenting officer reported an amendment to Condition 14 relating to the protection of wildlife habitat and an additional condition regarding soundproofing from external traffic noise.

 

RESOLVED that the Planning and Development Manager be given delegated powers to grant planning permission subject to the completion of an S106 legal agreement, the conditions in the report and the amended and additional conditions set out below.

 

Additional / Amended Conditions:

 

Amended Condition

 

14 - APPROVAL CONDITION - Protection of wildlife habitat [Pre-Commencement Condition]

 

The removal of parts of the existing building to facilitate the construction of the development hereby approved, such as facia boards, bargeboards, soffits, etc., shall be carried out by hand and checked to ensure no wildlife habitat of a protected species is present before being dropped to the ground or removed from site for suitable disposal.

 

REASON:

To ensure no harm is caused to any potential habitat of a protected wildlife species.

 

Additional condition:

 

APPROVAL CONDITION - Glazing - soundproofing from external traffic noise [Pre-Commencement Condition]

 

Works pursuant to this permission shall not be commenced until a scheme for protecting the proposed flats and houses from traffic noise from Thomas Lewis Way and St Denys Road has been submitted to and approved by the local planning authority in writing.  Unless otherwise agreed in writing, that scheme shall specify either:- 

Outer pane of glass - 10mm

Air gap between panes - 12mm

Inner pane of glass - 6 mm

or, with secondary glazing with a -

   Outer pane of glass - 6mm

Air gap between panes - 100mm

Inner pane of glass - 6.4 mm

There must be no trickle vents installed in any case.  For ventilation purposes in all cases, provision of acoustically treated 'BBA' approved mechanically powered ventilation should be the preferred option.  However, provision of acoustic trickle vents will be acceptable.  Once approved, that glazing shall be installed before any of the flats are first occupied and thereafter retained at all times.

 

REASON:

In order to protect occupiers of the flats from traffic noise.

 

RECORDED VOTE to grant planning permission:

 

FOR:  Councillors Mrs Blatchford, Inglis, Lewzey and Lloyd

AGAINST:  Councillors Cunio, Claisse and Harris

 

73.

13/01382/FUL - Land r/o 11 Ardnave Crescent pdf icon PDF 708 KB

Report of the Planning and Development Manager recommending conditional approval be granted in respect of an application for a proposed development at the above address, attached.

 

Additional documents:

Minutes:

The Panel considered the report of the Planning and Development Manager recommending conditional approval be granted in respect of an application for a proposed development at the above address.  (Copy of the report circulated with the agenda and appended to the signed minutes).

 

Erection of a 2-storey, 4-bedroom detached house with associated parking and cycle/refuse storage

 

Mr Wiles (agent) and Ms Riley (local residents / objecting) were present and with the consent of the Chair, addressed the meeting.

 

The presenting officer reported a late representation from Southern Water requesting the addition of an informative note to the applicant regarding connection to the public sewer.

 

RESOLVED that planning permission be granted subject to the conditions in the report and with the addition of the informative note to the applicant regarding connection to the public sewer.

 

RECORDED VOTE to grant planning permission:

 

FOR:  Councillors Mrs Blatchford, Cunio, Lewzey and Lloyd

AGAINST:  Councillor Claisse, Harris and Inglis

 

74.

13/00849/FUL - 11 Westwood Road pdf icon PDF 910 KB

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.

 

Additional documents:

Minutes:

The Panel considered the 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.  (Copy of the report circulated with the agenda and appended to the signed minutes).

 

Redevelopment of the site. Demolition of the existing building and erection of a part 4-storey and part 5-storey building to provide 13 flats (6 x one bedroom, 2 x two bedroom and 5 x three bedroom) with associated parking to the front and rear.

 

Mr Sayle and Julian Boswell (agents) and Councillor Vinson (ward councillor / objecting) were present and with the consent of the Chair, addressed the meeting.

 

The presenting officer reported the submission of a revised Ecological Mitigation Statement which had resulted in the Planning Ecologist withdrawing the objection to the application as set out in Paragraph 5.9 of the report and that Condition 15 needed to be amended to reflect this new information.

 

RESOLVED to delegate to the Planning and Development Manager to grant planning permission subject to the completion of an S106 legal agreement, the conditions listed in the report and the amended condition set out below. 

 

Amended Condition

 

15. APPROVAL CONDITION - Ecological Mitigation Statement [Performance Condition]

The development shall be carried out in accordance with the mitigation and enhancement measures outlined in Section 5.6 of the Ecological Appraisal Report dated November 2013 unless otherwise agreed in writing by the Local Planning Authority.

 

REASON:

To safeguard protected species under the Wildlife and Countryside Act 1981 (as amended) in the interests of preserving and enhancing biodiversity.

 

75.

13/01364/FUL - Inkerman Rd/Johns Rd pdf icon PDF 934 KB

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.

 

Additional documents:

Minutes:

The Panel considered the 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.  (Copy of the report circulated with the agenda and appended to the signed minutes).

 

Redevelopment to provide 11x 2-storey houses (7x 3-bedroom and 4x 2-bedroom) with associated car parking and the extinguishment of an existing public Right of Way.

 

RESOLVED

 

  (i)  that the Planning and Development Manager be given delegated powers to grant planning permission subject to the completion of a S106 legal agreement with an additional S106 clause set out below and the conditions in the report; and

  (ii)  that the extinguishment of the public Right of Way footpath across the site be authorised.

 

Additional S106 clause

 

  (v)  No resident shall be entitled to obtain additional parking permits to the Council’s Controlled Parking Zones.

 

76.

13/01306/FUL - 23 Bellevue Road pdf icon PDF 799 KB

Report of the Planning and Development Manager recommending refusal in respect of an application for a proposed development at the above address, attached.

 

Additional documents:

Minutes:

The Panel considered the report of the Planning and Development Manager recommending refusal in respect of an application for a proposed development at the above address.  (Copy of the report circulated with the agenda and appended to the signed minutes).

 

Change of use from dwelling house (C3) to a House of Multiple Occupation (C4) (retrospective) - resubmission of 13/00047/ful

 

Mr Beardsmore (applicant) was present and with the consent of the Chair, addressed the meeting.

 

RESOLVED to refuse planning application 13/00418/FUL for the reasons set out in the report.

 

RECORDED VOTE to refuse planning permission:

 

FOR:  Councillors Mrs Blatchford, Claisse, Inglis, Harris Lewsey

and Lloyd

ABSTAINED:  Councillor Cunio

 

77.

13/01496/FUL - Land r/o 207 Spring Rd pdf icon PDF 828 KB

Report of the Planning and Development Manager recommending conditional approval be granted in respect of an application for a proposed development at the above address, attached.

 

Additional documents:

Minutes:

The Panel considered the 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.  (Copy of the report circulated with the agenda and appended to the signed minutes).

 

Retention of a one bedroom single storey dwelling with rooms in the roof and Dormer Windows, not in accordance with Condition 3 of Planning Permission Ref 11/00720/Ful relating to Code For Sustainable Homes (Departure From The Local Plan)

 

RESOLVEDthat the Planning and Development Manager be given delegated powers togrant planning permission subject to the completion of a S106 legal agreement and the conditions in the report.

 

NOTE:  Councillor Inglis was absent for this item.

 

78.

Review of Information for the Validation of Planning Applications pdf icon PDF 52 KB

Report of the Planning and Development Manager regarding the proposed changes that will be made to the requirements for validating planning applications, attached.

Additional documents:

Minutes:

The Panel considered the report of the Planning and Development Manager regarding the proposed changes that will be made to the requirements for validating planning applications in order to make the planning application validation process less onerous on both the LPA and the applicant.  (Copy of the report circulated with the agenda and appended to the signed minutes).

 

RESOLVED

 

  (i)  that the draft Validation Checklists (attached as Appendix 1) be approved for public consultation;

  (ii)  that authority be delegated to the Planning and Development Manager to revise (where necessary) and adopt the validation criteria following the public consultation period; and

 (iii)  that the validation requirements be updated and notified to the Planning Portal.

79.

Objection to the Implementation of the Southampton (Bassett Green Rd) Tree Preservation Order 2013 pdf icon PDF 35 KB

Report of the Head of City Services regarding an objection to the implementation of a tree preservation order (Bassett Green Rd), attached.

 

Additional documents:

Minutes:

The Panel considered the report of the Head of City Services regarding the objection to The Southampton City Council (Bassett Green Road – Stoneham Lane) Tree Preservation Order 2013 (Number 594) 2013. (Copy of the report circulated with the agenda and appended to the signed minutes).

 

RESOLVED that the Southampton City Council (Bassett Green Road – Stoneham Lane) Tree Preservation Order 2013 (Number 594) 2013 be confirmed with modifications as set out in the report.

 

NOTE:  Councillor Inglis was absent for this item.

 

80.

Objection to the Implementation of the Southampton (Hill Cottage Gardens) Tree Preservation Order 2013 pdf icon PDF 32 KB

Report of the Head of City Services regarding an objection to the implementation of a tree preservation order (Hill Cottage Gardens), attached.

 

Additional documents:

Minutes:

The Panel considered the report of the Head of City Services regarding an objection to the implementation of a tree preservation order (Hill Cottage Gardens).  (Copy of the report circulated with the agenda and appended to the signed minutes).

 

RESOLVED that the objection to The Southampton (Hill Cottage Gardens) Tree Preservation Order number 597 of 2013

be confirmed without modifications.

 

NOTE:  Councillor Inglis was absent for this item.