Agenda item

Report of the Service Lead, Planning, Infrastructure 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.

Erection of a 7-storey building to provide 12 flats (4 x 1-bedroom, 8 x 2-bedroom) and two floors of offices with associated parking and landscaping.

Dene Seanor and Dave Jobbins (objecting), and Kerry Futter (agent) were present and with the consent of the Chair, addressed the meeting.

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

A further motion to refuse to delegate approval to the Service Lead: Planning, Infrastructure and Development for the reasons set out below was then proposed by Councillor Denness and seconded by Councillor Hecks.

RESOLVED to refuse planning permission for the reasons set out below:

Reasons for Refusal

1.  Overdevelopment and cramped appearance of the site

Due to the small footprint of the site and land level changes the proposal results in an overdevelopment of site with a cramped appearance, which leads to the development being located unacceptably close to the boundary with the adjacent industrial estate. Furthermore, the proximity to the industrial estate, and particularly an existing chimney on the site’sboundary provides harm to the outlook that the future occupiers would enjoy to the detriment of their amenity. As such the proposal is contrary to policies; SDP1, SDP7 and SDP9 of the City of Southampton Local Plan Review (Amended 2015), CS13 of the adopted Local Development Framework Core Strategy (2015) and paragraphs 2.2.1-2.2.2 of the approved Residential Design Guide Supplementary Planning Document (2006).

2.  Impact on noise due to proximity of development to adjacent industrial estate

Further to the above, the siting of the development adjacent to the industrial estate leads to a development that potentially harms future occupiers’ residential amenities in terms of noise, disturbance and potential harm from pollution, particularly if the chimney is repaired on a like for like basis and becomes operational once more. This is exacerbated further by the failure of the applicant to provide an acoustic report to enable officers to fully assess the impact of the development in term of noise. Additionally, the proposal may prejudice the current and future occupiers of the industrial units due to potential conflict with working hours, which could result in noise complaints, that could lead to calls to restrict the industrial units activities impacting on the local economy.  As such the proposal is contrary to policies SDP1, SDP7 and SDP16 of the City of Southampton Local Plan Review (Amended 2015), CS7 and CS13 of the adopted Local Development Framework Core Strategy (2015) and paragraph 123 – bullet point 3 of the National Planning Policy Framework (2012), which seeks to protect existing business and residential amenity.

3.  Failure to enter into S106 agreement

In the absence of a completed Section 106 Legal Agreement, the proposals fail to mitigate against their direct impacts and do not, therefore, satisfy the provisions of Policy CS25 of the adopted Local Development Framework Core Strategy (2015) as supported by the Council's Developer Contributions Supplementary Planning Document (2013) in the following ways:-

(i)  Site specific transport works for highway improvements in the vicinity of the site which are directly necessary to make the scheme acceptable in highway terms have not been secured in accordance with Policies CS18, CS19, and CS25 of the Southampton Core Strategy (2015) and the adopted Developer Contributions SPD (2013);

(ii)  As the scheme triggers the threshold for the provision of affordable housing, it is expected to deliver affordable housing to assist the City in meeting its current identified housing needs as required by Policy CS15 of the adopted Core Strategy (2015) and the adopted Developer Contributions SPD (2013);

(iii)  In the absence of a mechanism for securing a (pre and post construction) highway condition survey it is unlikely that the development will make appropriate repairs to the highway, caused during the construction phase, to the detriment of the visual appearance and usability of the local highway network;

(iv)  Restrictions to prevent future occupiers benefitting from parking permits in surrounding streets;

(v)  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);

(vi)  In the absence of either a scheme of works or a contribution to support the development, the application fails to mitigate against its wider direct impact with regards to the additional pressure that further residential development will place upon the Special Protection Areas of the Solent Coastline.  Failure to secure mitigation towards the 'Solent Disturbance Mitigation Project' in order to mitigate the adverse impact of new residential development (within 5.6km of the Solent coastline) on internationally protected birds and habitat is contrary to Policy CS22 of the Council's adopted LDF Core Strategy as supported by the Habitats Regulations; and

(vii)  Off site contributions to mitigate the loss of trees on 2 for 1 basis where it is considered necessary to provide off site replacements due to site constraints on available space for planting. This would be assessed following the submission of a tree replacement plan. These contributions are as required by saved policies SDP1, SDP12 of the Local Plan Review (2015) and CS22 of the Core Strategy (2015) as supported by the relevant paragraphs of section 4.8 of the Residential Design Guide SPD (2006).