Agenda item

Report of the Interim Head of Planning and Economic 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 Head of Planning and Economic Development recommending delegated authority be granted in respect of an application for a proposed development at the above address.

 

Redevelopment of the former Bargate Shopping Centre and multi-storey car park, 77-101 Queensway, 25 East Street, 30-32 Hanover Buildings, 1-16 East Bargate and 1-4 High Street, excluding frontage) for mixed use development comprising 519 new homes (use class C3) and commercial uses (use class E) and drinking establishment/bar uses (Sui Generis), in new buildings ranging in height from 4-storeys to 13-storeys, with associated parking and servicing, landscaping and public realm (Environmental Impact Assessment Development affects a public right of way and the setting of the listed Town Walls).

 

Simon Reynier (local residents/ objecting), Amy Jones (agent), Paul Hughes

(architect), Giles Semper (Go Southampton) and Councillors Bogle and Paffey (Ward Councillors) were present and with the consent of the Chair, addressed the meeting.

 

The presenting officer reported a number of changes would be required to 9 of the conditions, set out below.  Additionally, it was noted that a further clause to recommendation 2 was required to be added to the delegation for refuse lorries servicing Block E, as set out below. It was also noted that the Habitats Regulation Assessment had be received and distributed to the Panel in advance of the meeting. 

 

Following a questioning from the Panel officers agreed to add a further addition clause to recommendation 2 that would seek to secure additional cycle parking across the site, as set out below. 

 

Upon being put to the vote the Panel confirmed the Habitats Regulation Assessment unanimously.

 

The Panel then considered the recommendation to delegate authority to the Head of Planning and Economic Development to grant planning permission. Upon being put to the vote the recommendation was carried unanimously.

 

 

RESOLVED that the Panel:

 

1.  confirmed the Habitats Regulation Assessment set out in Appendix 1 of the report.

2.  That the Panel delegated authority to the Head of Planning and Economic Development to grant conditional planning permission subject to receipt of satisfactory amended plans showing:

a.  an agreed landscaping plan around Polymond Tower;

b.  further details and agreement with the Council’s Ecologist in respect of ecological surveys/conditions,

c.  a further tracking plan for refuse vehicles servicing Block E;

d.  secure additional cycle parking across the site; and

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

  i.  In accordance 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), financial contributions and/or works through s.278 approvals towards site specific transport improvements in the vicinity of the site.

  ii.  Submission, approval and implementation of a site-relevant Town Walls Management Strategy (including litter, maintenance and security and Public Art Strategy in accordance with the Council's Public Art Strategy, and the adopted SPD relating to ‘Developer Contributions’ (September 2013).

  iii.  Submission, approval and implementation of a Training and Employment Management Plan committing to adopting local labour and employment initiatives for both the construction and operational phases in line with LDF Core Strategy policies CS24 and CS25 and the adopted SPD relating to ‘Developer Contributions’ (September 2013);

  iv.  Submission, approval and implementation of a highway condition survey to ensure any damage to the adjacent highway network attributable to the build process is repaired to a similar standard as the ‘existing’ carriageway and footpath by the developer at their own cost as required by the adopted SPD relating to ‘Developer Contributions’ (September 2013);

  v.  Submission, approval and implementation of a Travel Plan for the commercial uses in accordance with Policy SDP4 of the City of Southampton Local Plan Review and policies CS18 and CS25 of the adopted LDF Core Strategy;

  vi.  Submission, approval and implementation of a Car Park Management Plan and a restriction of residential parking permits for the development.

  vii.  Submission, approval and implementation of a CCTV network that can be linked into and/or accessed by the Council and its partners, with contributions towards community safety associated with the needs of the late night commercial uses;

  viii.  Submission, approval and implementation of a Construction Traffic Management Plan indicating off-site routes to be used by associated construction traffic;

  ix.  Either a scheme of measures or a financial contribution to mitigate against the pressure on European designated nature conservation sites in accordance with the Conservation of Habitats and Species Regulations 2010 (as amended), saved policy SDP12 of the City of Southampton Local Plan Review (as amended 2015), CS22 of the Core Strategy (as amended 2015) and the Planning Obligations SPD (September 2013) as set out in the Habitats Regulations Assessment

  x.  The submission, approval and implementation of a Carbon Management Plan setting out how 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);

  xi.  The creation of a ‘permitted route’ through the development for use by pedestrians and cyclists between the Bargate frontage of the development and Queensway.

  xii.  Submission and agreement of a Waste Management Plan.

  xiii.  Either the provision of 35% affordable housing in accordance with LDF Core Strategy Policy CS15 or a mechanism for ensuring that development is completed in accordance with the agreed viability assessment (without any affordable housing) and that a review is undertaken should circumstances change and the development delay;

3.  That authority be delegated to the Head of Planning and Economic Development to add, vary and /or delete relevant parts of the Section 106 agreement and/or conditions as necessary. In the event that the legal agreement is not completed within a reasonable period following the Panel meeting, the Head of Planning and Economic Development be authorised to refuse permission on the ground of failure to secure the provisions of the Section 106 Legal Agreement.

 

Amended Conditions

 

Condition 3 - Phasing

None of the buildings hereby approved, with the exception of Site A, shall be occupied or otherwise brought into operational use until the approved works for the following are completed:

a.  Off-site works to the Queensway including the new access point into the it site;

b.  Amended off-site works to The Strand;

c.  The associated service yard and turning space;

d.  The car parking contained beneath Block B;

e.  The pedestrian link from East Bargate to Queensway; and

f.  Any works to finish the exposed side elevations to those buildings on Queensway affected by the above works and retained thereafter ahead of the next phase have been substantially completed as specified in this permission,

unless otherwise agreed in writing by the Local Planning Authority.

 

REASON: To ensure the development is carried out comprehensively in accordance with the application, to ensure that demolition works do not result in harm to the visual character of the Old Town North Conservation Area and to ensure a high quality public realm and pedestrian environment is created in accordance with the City Centre Action Plan Policy AP28.

 

Condition 18 - Building Heights

There shall be no alterations to or deviations from the finished floor levels and finished building heights as detailed on the approved plans.

REASON: To ensure that the impact of the development in relation to the natural features and historic context of the site and nearby buildings is as demonstrated and in the interests of visual and neighbour amenity and to protect the setting of the Bargate monument.

 

Condition 19 - Roof Plant

Notwithstanding the information submitted with the amended plans details of all roof plant, and the measures to be taken to soundproof such equipment and/or enclosure shall be submitted to and approved by the Local Planning Authority prior to either its installation or the occupation of each of the buildings to which the plant relates (whichever is sooner).  The development shall be implemented in accordance with the approved details and findings before the development first comes into occupation.

With the exception of what is shown on the approved plans there shall be no additional roof plant added above the height of the approved parapet level for Block A.  The development shall be implemented in accordance with the agreed details.  The machinery and plant shall not be used until the approved soundproofing measures have been implemented in accordance with the agreed details

REASON: To ensure that the impact of the development in relation to the natural features and historic context of the site and nearby buildings is as demonstrated and in the interests of visual and neighbour amenity and to protect the setting of the Bargate monument.

 

Condition 28 - Lighting

Prior to first occupation of the development hereby approved, a scheme for external lighting associated with this development shall be submitted to and agreed in writing by the Local Planning Authority, the lighting installation shall be maintained in accordance with the agreed written scheme.

Furthermore, the development is close to the aerodrome and/or aircraft taking off from or landing at the aerodrome.  Lighting schemes required during construction and on the completed development shall be of a flat glass, full cut off design, mounted horizontally, and shall ensure that there is no light spill above the horizontal.

REASON: To protect the amenities of the occupiers of existing nearby residential properties, to assist with safety and security and the setting of the Town Walls and to avoid endangering the safe operation of aircraft through confusion with aeronautical ground lights or glare.

 

Condition 32 - BREEAM Standards - Pre-Commencement

Before the development commences, written documentary evidence demonstrating that the non residential units will achieve at minimum Very Good against the BREEAM UK New Construction 2018 technical standard, in the form of a design stage assessment, shall be submitted to the Local Planning Authority for its approval, unless an otherwise agreed timeframe is agreed in writing by the LPA.

REASON: To ensure the development minimises its overall demand for resources and to demonstrate compliance with policy CS20 of the Local Development Framework Core Strategy Development Plan Document Adopted Version (January 2010).

 

Condition 33 - BREEAM Standards – Certification

Within 6 months of any part of the hotel and retail units first becoming occupied, written documentary evidence proving that the residential and retail units have achieved at minimum Very Good against the BREEAM UK New Construction 2018 technical standard in the form of post construction report and certificate as issued by a legitimate BREEAM certification body shall be submitted to the Local Planning Authority for its approval.

REASON: To ensure the development has minimised its overall demand for resources and to demonstrate compliance with policy CS20 of the Local Development Framework Core Strategy Development Plan Document Adopted Version (January 2010).

 

Condition 42 - The Provision of Lifts

The platform lift serving development Block B, hereby approved, shall be installed prior to the first occupation of the development Block, and shall thereafter be maintained in good working order during the lifetime of the development.

REASON: In the interests of providing full access to the development.

 

Condition 43 - Safety and Security

No development shall take place within such part of the site to which a phase relates, (excluding any demolition, site clearance, site enabling works or associated investigative works that may take place prior to the further submission of these details) until a scheme of safety and security measures for that phase/building including:

a.  CCTV coverage to all areas including the parking, service yards and post rooms;

b.  concierge arrangements with 24 hour on-site management;

c.  door types of the storage areas;

d.  outer communal doorsets and the flat access doorsets;

e.  ground floor windows;

f.  Electronic access control through the communal access doors;

g.  security of the car parking areas and postroom; and

h.  a lighting plan.

has been submitted to and approved in writing by the Local Planning Authority.  The approved measures shall be implemented before first occupation of each building to which the agreed works relate and shall be retained thereafter unless otherwise agreed in writing by the Local Planning Authority.

REASON: In the interests of safety and security of all users of the development and as the basement provides access to residents and the public.

 

Condition 47 - Operational Management Plan

Prior to the first occupation of each building (Sites A-G) a management plan relating to how the buildings and their associated spaces will be managed, including the resident’s amenity areas and associated roof terraces, main pedestrian routes and the under croft car park, shall have been submitted to and approved in writing by the Local Planning Authority. 

The management plan(s) shall include details of outdoor seating, any rooftop amenity space furniture and associated facilities including litter bins and management, the management of special events and the policing of anti-social behaviour alongside the day to day operational requirements of the building.

All occupiers of the residential accommodation shall be given secure, unfettered, free access to the resident’s amenity areas and associated roof terrace during the lifetime of the development.  The use of the development shall be carried out in accordance with this agreed management plan unless otherwise agreed in writing by the Local Planning Authority.

REASON: To ensure control over the management and operation of the development in the interests of the amenities of the area and the residents of the scheme.