Agenda item

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.

Erection of single storey nursery building with associated landscaping, a turning head within the school playing field, and new footway fronting the south-west side of Viceroy Road (Departure from Development Plan).

Jenny Fenwick (local resident/ objecting), was present and with the consent of the Chair, addressed the meeting.

The presenting officer reported that the S106 needed to be adjusted to incorporate a school transport plan.  In addition it was noted that there needed to adjustments for the conditions relating to the turning head, the usage and hours of use of the proposed new facility and the archaeological conditions.  It was also noted that an additional condition would be required for construction hours. 

RECORDED VOTE to grant planning permission

FOR:  Councillors Coombs, Denness and L Harris

AGAINST:  Councillor Hecks

ABSTAINED:  Councillor Mintoff

RESOLVED

  (i)  to delegate to the Planning and Development Manager to grant planning permission subject to the completion of a S106 Legal Agreement, the conditions listed in the report, and the amendment to the S106 and amended conditions, set out below.

  (ii)  In the event that the legal agreement is not completed or progressing within a reasonable timeframe after the Planning and Rights of Way Panel, the Planning and Development Manager will be authorised to refuse permission on the ground of failure to secure the provisions of the Section 106 Legal Agreement, unless an extension of time agreement has been entered into;

  (iii)  that the Planning and Development Manager be given delegated powers to add, vary and /or delete relevant parts of the Section 106 agreement and/or conditions as necessary.

AMENDED SECTION 106 WORDING

(i)  Financial contributions towards site specific transport contributions for highway improvements in the vicinity of the site and towards the School Travel Plan 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);

AMENDED CONDITIONS

06. Archaeological watching brief investigation

No development shall take place within the site until the implementation of a programme of archaeological work has been secured in accordance with a written scheme of investigation which has been submitted to and approved by the Local Planning Authority.

REASON: To ensure that the archaeological investigation is initiated at an appropriate point in development procedure.

07. Archaeological watching brief work programme

The developer will secure the completion of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved by the Local Planning Authority.

REASON: To ensure that the archaeological investigation is completed.

11. Turning head

The access to the nursery school from Viceroy Road shall only be used once the turning head area and footpath has been provided and made publicly accessible in accordance with the approved plans. The turning head area and footpath shall be thereafter maintained and retained for public access.

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

15. Hours of Use

The nursery use hereby approved (in accordance with the use restrictions under condition 12) shall not operate outside the following hours:

Monday to Friday - 08:45 to 15:15 hours

REASON: To protect the amenities of the occupiers of existing nearby residential properties.

Additional Condition

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 the internal preparations of the buildings without audible noise from outside the building, unless otherwise agreed in writing by the Local Planning Authority.

REASON: To protect the amenities of the occupiers of existing nearby residential properties.

NOTE: Councillor Barnes-Andrews declared an interest and withdrew from the meeting