Agenda item

Report of the Director of Transport and Planning 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 Director of Transport and Planning in respect of an application for planning permission for the proposed development at the above address recommending that the application be delegated to the Director of Transport and Planning to grant planning permission subject to the criteria listed in the report.

 

Redevelopment of the site. Mixed-use redevelopment of Town Quay including:

• The erection of a 9-storey building on the existing pier comprising a hotel with 128 bedrooms and 18 serviced apartments, spa, restaurants, bars and conferencing facilities and two floors of parking below and helipad on roof;
• New red-jet passenger terminal and cafe at ground floor with associated new ferry berths, following pier strengthening works to include additional piling;
• Reclamation of around 12,000 sq.m of land below mean high water springs to enable the construction of 4 new residential towers (3 x 25 storeys and 1 x 7 storeys) accommodating 460 apartments above commercial space comprising food and drink uses (Class E(b)); up to 750m2 of retail uses (Class E(a)) and hot food takeaway/public house (Sui Generis) with car parking at ground and first floors and new boardwalks at ground level (to include new seawall and piling);
• Part demolition of existing office building on Town Quay to create new pedestrian thoroughfare leading to new boardwalks fronting marina along with new public realm and open spaces; reconfiguration and extension of existing marina with new wave screens and additional pontoons to increase number of berths to 300 (to include piling); construction of wave screens/breakwaters to existing pier below mean high water springs (to include piling); installation of new and upgrading of existing services and utilities to serve the development; replacement of existing navigational beacon; improved access to/from the A33;
• Hard and soft landscaping together with ecological mitigation works;
• Temporary construction compounds and all other temporary works associated with development.

 

Diana Callaghan (local resident objecting), Nicolas Roach (applicant), Alastair Welch, Lucy Richmon, David Jobbins, Simon Reynier, and Graham Linecar  (supporters) were present and with the consent of the Chair, addressed the meeting. In addition the Panel noted that statements had been received, circulated, read and posted online from Carl Pickard, Ros Cassey and Any Gravell.

 

The presenting officer reported that Councillor Bogle had expressed her support for the scheme and that a letter had been received from the Southampton Itchen MP detailing a number of positive aspects that the proposal could bring, including the boost to the City’s visitor economy. 

 

In addition it was noted that paragraph 6.1 should have referred to the NHS Hampshire and Isle of Wight Integrated Care Board (ICB) and noted that they Highways consultation response queries the detail for the pedestrian routes in It was noted that the report refers permissive routes rather that adopted public highway.  It was also explained that the SCC Highways consultation response queries the detail for the pedestrian routes in front of the hotel. The presenting officer explained that the applicant had provided a drawing showing how pedestrian access to the hotel and boardwalk could work in practice. The Council’s Highway Team have advised that the details provided show how the public realm and routes for the visually impaired could work but the final details would need to be secured by planning condition.

 

In addition there were also amendments and changes to the reports conditions, as set out below 

 

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

 

The Panel then considered the remaining recommendations that the application be delegated to the Director of Transport and Planning to grant planning permission subject to criteria listed in the report (as amended). Upon being put to the vote the recommendations were carried.

 

RECORDED VOTE

 

FOR:  Councillors Windle, Beaurain, Blatchford, Cox and

Evemy

ABSTAINED:  Councillor G Lambert

 

 

RESOLVED

 

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

2.  Authority be delegated to the Director of Transport and Planning to grant planning permission subject to the planning conditions recommended at the end of this report and:

A)  The submission of a revised Drainage Strategy to include the following information:

·  Information on any constraints of the site that may impact provision of SuDS;

·  Layout drawings showing location of SuDS features, and location of discharge points;

·  Storage calculations to demonstrate the attenuation storage is appropriately sized to manage surface water at times of tide locking; and,

·  Methods to used to ensure sufficient treatment of water to protect the receiving waterbody of water quality measures.

 

B)  The completion of a S.106 Legal Agreement to secure:

 

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 including:

·  Works to the junction of Town Quay and the High Street, with improved active travel and bus interchange facilities, including bus stop upgrades on Town Quay, to mitigate junction capacity issues;

·  Contribution towards the provision of Solent Transport’s BREEZE Travel App for residential occupants of the development to encourage sustainable transport use and minimise the impact of the development on the adjacent junction;

·  Updating Legible Cities to reflect the development and;

·  Provision of a Micromobility hub, including bike, scooter and car club docks

ii)  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.

iii)  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 fixed early and late-stage viability reviews are undertaken should circumstances change and the development delay.

iv)  Submission of a Training & Employment Management Plan committing to adopting local labour and employment initiatives for both the construction and operational phase of the development, in accordance with Policies CS24 & CS25 of the Local Development Framework Core Strategy Development Plan Document - Adopted Version (as amended 2015) and the adopted SPD relating to Planning Obligations (September 2013).

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)  Provision, retention, management and maintenance of the public open space and public routes within the development, including securing the phasing of provision and public access to public routes and spaces including the proposed boardwalk for the lifetime of the development, in accordance with Policy CS12 of the Core Strategy.

vii)  The provision of play space in accordance with Policy CLT6 of the Local Plan Review.

viii)  The provision of a financial contribution towards late night Community Safety Initiatives within the City Centre, having regard to the late night uses within the application proposal and in accordance with policy AP8 of the City Centre Action Plan.

ix)  Provision of on-site CCTV coverage and monitoring in line with Policy SDP10 of the City of Southampton Local Plan Review (March 2006) as supported by LDF Core Strategy policies CS13 and CS25.

x)  Provision of public art in accordance with the Council's Public Art Strategy and the Council’s Developer Contributions Supplementary Planning Document.

xi)  Either a scheme of measures or a financial contribution to mitigate against the pressure on European designated nature conservation sites in accordance with Policy CS22 of the Core Strategy and the Conservation of Habitats and Species Regulations 2010.

3.   That the Directorof Transport and Planning 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 the legal agreement is not completed within six months of the Panel meeting, the Head of Transport and Planning be authorised to refuse permission on the ground of failure to secure the provisions of the Section 106 Legal Agreement alongside the following agreed amendment:

 

·  4 year commencement providing the s.106 is completed within 4 months from the date of Panel;

·  In the event that the s.106 is not completed within 4 months the permission reverts to a 3 year commencement as currently drafted;

·  Delegation will be given to refuse the scheme if the s.106 is not completed within 6 months

 

Changes to Conditions:

 

01.Full Permission Timing Condition (Performance)

 

The development works hereby permitted shall begin no later than four years from the date on which this planning permission was granted.

 

REASON: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended).

 

03. Phasing Plan (Pre-Commencement)

 

Prior to the commencement of the development hereby approved, a detailed phasing plan for the development programme shall be submitted to and agreed in writing by the Local Planning Authority. The Phasing Plan shall detail the following:

 

·  The phasing of the different uses and building;

·  Arrangements to ensure the continuous ferry service provision from Town Quay during the construction process;

·  The phasing of the delivery of the flood defences to ensure the provision of defences in advance of the first use or occupation of the blocks A, B, C & D

·  The phasing of the implementation of then permissive public realm and boardwalk;

·  The phasing of the implementation of the habitat mitigation measures.

 

The Phasing Plan shall thereafter be adhered to for the duration of development of the site unless an alternative phasing programme is agreed in writing by the Local Planning Authority.

 

For the avoidance of doubt, the pier stabilisation and repair works shall not constitute commencement of development for CIL purposes.

 

REASON: To ensure that development takes place in an ordered and agreed methodology to provide a safe development and a good quality environment for users and occupiers.

 

 

04. Flood Defence (Pre-Commencement)

 

The development of the superstructure of Blocks A, B, C or D hereby approved shall not commence (except for the pier stabilisation/repair works) until the final design of the flood defences have been submitted to and agreed in writing by the Local Planning Authority. The submission shall demonstrate the standard of defence and include details of how the defence will tie into surrounding buildings and high ground together with arrangements for maintenance. The minimum crest height should be set no lower than 4.43mAOD. The scheme shall be implemented in accordance with the agreed details before Blocks A, B, C or D first comes into use or occupation and shall thereafter retained and maintained for the lifetime of the development as approved unless alternative measures are approved in writing by the Local Planning Authority.

 

REASON: To reduce the risk of flooding to the proposed development and future occupants and to ensure the structural integrity of the proposed flood defences thereby reducing the risk of flooding.

 

06. Site Flood Plan (Pre-Occupation)

 

Before each building hereby approved first comes into use or occupation, a Flood Plan shall be submitted to and approved by the Local Planning Authority in writing for the relevant building. This should include information on flood alerts and warnings, the flood mitigation measures in place to manage flood risk and clearly identify the safe access and egress routes during a flood event and locations of safe refuge within the site. A copy of the Flood Plan shall thereafter be distributed to all residential occupants of the development hereby approved and made available to operators of all non-residential units. The Flood Plan shall be updated by the owner/(s) of the site (or appointed management company) at least every three years to account for changes in flood risk and to ensure that new occupants are aware of procedures. A copy of the updated Flood Plan shall be submitted to the Local Planning Authority.

 

REASON: To demonstrate that the site users are aware of and provided up to date information on the hazard presented by flooding and understand the measures and procedures in place to avoid harm.

 

07. Flood Resilience Measures (pre-commencement)

 

Prior to the commencement of the development of the superstructure of each building hereby approved (except for the pier stabilisation/repair works), full details of flood resilience measures for the relevant building shall be submitted to the Local Planning Authority and approved in writing. The measures shall include details of construction materials, which should be designed to be resistant to water where possible, demonstrate how flood damage of the development could be minimised by including measures such as airbrick covers, flood resilient fitting, non-return valves and the raising of electrical and gas supplies. The measures shall be implemented as agreed before the development first comes into use and thereafter retained as approved for the lifetime of the development.

 

REASON: To improve the resistance of the development to a flood event.

 

10. Landscaping & means of enclosure detailed plan (Pre-Commencement)

 

Notwithstanding the submitted details before the commencement of works on the superstructure of each building hereby approved, a detailed landscaping scheme and implementation timetable for the relevant building, shall be submitted to and approved in writing by the Local Planning Authority, which includes:

I.  proposed public realm and shared space including finished ground levels or contours; means of enclosure; car parking layouts; other vehicle pedestrian access and circulations areas, hard surfacing materials, structures and ancillary objects (refuse bins etc.);

II.  planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/planting densities where appropriate;

III.  an accurate plot of all trees to be retained and to be lost. Any trees to be lost shall be replaced on a favourable basis (a two-for one basis unless circumstances dictate otherwise);

IV.  details of any proposed boundary treatment;

V.  a landscape management scheme

VI.  the Greenspace Factor Tool. 

 

The approved hard and soft landscaping scheme (including parking) for the relevant building shall be carried out prior to occupation of that phase or building or during the first planting season following the full completion of building works for that building, whichever is sooner. The approved scheme implemented shall be maintained for a minimum period of 5 years following its complete provision, with the exception of the approved boundary treatment, approved tree planting which shall be retained as approved for the lifetime of the development.  Any approved trees which die, fail to establish, are removed or become damaged or diseased following their planting shall be replaced by the Developer (or their successor) in the next planting season with others of a similar size and species.

 

Any approved shrubs, seeded or turfed areas which die, fail to establish, are removed or become damaged or diseased, within a period of 5 years from the date of planting shall be replaced by the Developer (or their successor) 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 (or their successor) shall be responsible for any replacements for a period of 5 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.

 

11. Wind Mitigation Measures (Pre-Commencement)

 

Prior to the commencement of the development on the superstructure of each building hereby approved, wind mitigation measures for the relevant building and associated public realm area shall be provided in accordance with details to be first submitted to and approved in writing by the Local Planning Authority. The relevant building shall be constructed fully in accordance with any recommended mitigation measures, which shall thereafter be retained as approved.

 

REASON: In the interest of residential amenity and the safety and comfort of users of the development.

 

12. Road Construction (Pre-Occupation/Use)

 

With the exception of the pier stabilisation or repair works, prior to the development hereby approved first coming into use or occupation roads, cycleways and footpaths for the relevant building or phase shall be provided in accordance with details to be first submitted to and approved in writing by the Local Planning Authority. The details shall include the following:

 

·  A specification of the type of construction proposed for the roads, cycleways and footpaths including all relevant horizontal cross-sections and longitudinal sections showing existing and proposed levels together with details of street lighting, signing, white lining and the method of disposing of surface water.

·  Details of traffic calming measures to include speed ramps, rather than build-outs to the main residential access.

·  Details of controlled vehicular access arrangements to the hotel reception, which shall be for checking-in purposes only.

·  Details of the crossing and ramp for the area at the northern end of Town Quay.

·  A programme for the making up of the roads and footpaths to an adoptable standard.

 

The relevant road, cycleway and footpath shall be constructed to the base course before the use of building to which they relate first come into occupation or use and measures listed above shall be fully implemented as approved prior to final occupation or first use of the relevant building and shall thereafter be retained as approved for the lifetime of the relevant building.

 

REASON: To ensure that the roads and footpaths are constructed in accordance with standards required by the Highway Authority.

 

13. Car parking and Access (Pre-Occupation/Use)

 

The buildings hereby approved shall not be first occupied or come into use until the relevant car parking and access for that building have been provided and made available for use in accordance with the plans hereby approved.

 

Within the hotel, a maximum of 116 car parking spaces on the ground floor shall be made available for non-hotel use and a maximum of 128 spaces shall be provided for the hotel within the first floor car park. with no less than 15 spaces for disabled users overall within the hotel car park.

 

Within the residential car park, the disabled car parking spaces for the relevant building shall be provided before that building first comes into occupation and a minimum of 23 disabled user car parking spaces shall be provided once the development is fully complete.

 

A minimum of 15% parking spaces for each respective phase or building within the development shall be fitted and retained with a fast-charging electric car charging point for use by residents and their visitors, prior to the relevant building or phase first coming into use or occupation. Provision for future ‘passive’ infrastructure shall be provided for each respective phase or building within the development, prior to the relevant building or phase first coming into use or occupation. 

 

The approved car parking and access shall thereafter be retained whilst the buildings are used for the consented purposes unless otherwise approved in writing by the Local Planning Authority. 

 

REASON: To ensure appropriate provision of car parking, cycle parking and refuse provision and in the interests of visual amenity, the amenities of future occupiers of the development and the amenities of occupiers of nearby properties and in the interest of reducing emissions from private vehicles and improving the city's air quality.

 

15. Cycle Storage (Pre-occupation/Use)

 

Before the respective flats and commercial floorspace first comes into use, the cycle storage for the relevant building shall be provided in accordance with final design details to be first submitted to and agreed in writing by the Local Planning Authority. The details shall include details of shower and changing facilities for staff of the commercial units, together with lighting and locking systems for the cycle stores.  Where possible, double door-sets to the cycle store should be replaced by single door-sets. The storage shall thereafter be retained as approved and made available for that purpose for the lifetime of the relevant building.

 

REASON: To encourage cycling as a sustainable mode of transport.

 

16. Servicing and Delivery Management Plan (Pre-Use)

 

Prior to each commercial unit or the hotel coming into use, a servicing and delivery management plan shall be submitted to and approved in writing by the Local Planning Authority for the relevant unit/hotel. This management plan shall incorporate measures for mitigating noise and disturbance to residents, include hours for different types of deliveries and include the provision and retention thereafter of a height restriction barrier to the down ramp of the residential car park prior to the residential car park first coming into use.  Deliveries and servicing to the non-residential uses shall subsequently be carried out in accordance with the approved plan.

 

REASON: In the interests of residential amenity and highway safety.

 

17.  Ferry Service Management Plan (Pre-Use)

 

Prior to the commencement of use of the relocated ferry services, a Management Plan for the queuing arrangements for those relocated ferry services shall be submitted to and approved in writing by the Local Planning Authority. This shall include details of any physical barriers and covers needed for the queue which shall be provided and thereafter retained in accordance with the agreed details before the re-located use commences. The Management Plan shall thereafter be adhered to whilst the use is in operation.

 

REASON: In the interests of the safety and convenience of user of the development and to ensure a satisfactory quality of the public realm. 

 

19. Travel Plan (Pre-occupation/Use)

 

Before each non-residential unit is first comes into use a Travel Plan for the relevant unit shall be submitted to and approved in writing by the Local Planning Authority. The Travel Plan(s) shall aim to reduce the reliance on the use of the private car by occupants of the development and encourage positively the use by occupants and user of alternative modes of transport which have a less adverse impact on the environment. The plan(s) shall include:

§  the means whereby the effectiveness of the Travel Plan can be monitored and recorded;

§  aspirational targets for a modal split as between those using the private car and those using alternative modes of transport; and

§  the means whereby the achievement of the aspirational targets of the Travel Plan can be reviewed and (if necessary) the objectives updated.

 

The agreed measures shall be thereafter adhered to as agreed for the lifetime of the relevant building.

 

REASON: To promote sustainable modes of transport.

 

20. Public Water Infrastructure Protection (Pre-commencement)

 

With the exception of the pier stabilisation and repair works, prior to the commencement of development for each respective building or phase, details of the measures for the relevant building to protect the public water infrastructure from damage during the demolition and construction shall be submitted to and approved by the Local Planning Authority in writing. The measures shall be implemented as approved for the duration of demolition and construction works of the relevant building.

 

REASON: To safeguard the public water infrastructure.

 

21. Surface/Foul Water Drainage (Pre-commencement)

 

Except for the pier stabilisation/repair works, development of a building hereby approved shall not commence until a scheme for the disposal of foul water and surface water drainage for that building has been submitted to and approved in writing by the Local Planning Authority. The scheme shall address how the development will be phased to align with Southern Water network reinforcement programming. The development shall proceed in accordance with the agreed details and be retained as approved.

 

REASON: To ensure satisfactory drainage provision for the area.

 

22. Sustainable Drainage Systems (Pre-Commencement)

 

With the exception of the pier stabilisation/repair works, prior to the commencement of development of the respective buildings or landscape/public realm phases, a specification for the proposed sustainable drainage system (including green roofs) relevant for that building or phase shall be submitted to and approved in writing by the Local Planning Authority. A sustainable drainage system to the approved specification must be installed and rendered fully operational prior to the first occupation of the relevant building or phase and retained thereafter. In the development hereby granted consent, peak run-off rates and annual volumes of run-off shall be no greater than the previous conditions for the site.

 

REASON: To conserve valuable water resources, in compliance with and to demonstrate compliance with policy CS20 of the Local Development Framework Core Strategy Development Plan Document Adopted Version (January 2010) and to prevent an increase in surface run-off and reduce flood risk.

 

23. Vibration Monitoring (Pre-Commencement)

 

No ground disturbance shall take place within each building hereby approved until vibration monitoring for the relevant building has been installed on the scheduled monuments in the vicinity (Gods House Tower / Gods House Gate, Watergate) in accordance with a scheme to be first submitted to and approved in writing by the Local Planning Authority. The measures shall thereafter be retained as approved during the construction period.

 

REASON: To protect the scheduled monuments during construction works.

 

Informative: A maximum vibration of 3mm/sec Peak Particle Velocity is permitted in the vicinity of scheduled monuments, measured by a device fixed to the monument itself.

 

24. Archaeological damage-assessment (Pre-Commencement)

 

No ground disturbance (apart from site investigation works and archaeological evaluation) shall take place within each phase of the development until the type and dimensions of all proposed groundworks for the relevant phase have been submitted to and agreed by the Local planning Authority. The developer will restrict groundworks accordingly unless a variation is agreed in writing by the Local Planning Authority.

 

REASON: To inform and update the assessment of the threat to the archaeological deposits.

 

25. Archaeological structure-recording (Pre-Commencement)

 

Except for the pier stabilisation/repair works, no alteration or demolition to the Town Quay pier shall take place until the implementation of a programme of recording 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 recording of a non-designated heritage asset is initiated at an appropriate point in development procedure.

 

26. Archaeological evaluation/watching brief investigation (Pre-Commencement)

 

Except for the pier stabilisation/repair works, no ground disturbance shall take place within each building of the development hereby approved until the implementation of a programme of archaeological work for the relevant building 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.

 

27. Archaeological evaluation/watching brief work programme (Performance)

 

The developer will secure the completion of a programme of archaeological work in relation to each phase of the development in accordance with a written scheme of investigation for that scheme which has been submitted to and approved by the Local planning Authority.

 

REASON: To ensure that the archaeological investigation is completed.

 

30. Construction Management Plan (Pre-Commencement)

 

No development shall commence until a Construction Management Plan for the relevant phase or building has been submitted to and approved in writing by the Local Planning Authority which shall include details of:

(a) parking of vehicles of site personnel, operatives and visitors;

(b) the timing and routeing of HGVs arrivals and departures to avoid peak times;

(c) loading and unloading of plant and materials;

(d) details of cranes and other tall construction equipment (including the details of obstacle lighting)

(e) details of temporary lighting

(f) storage of plant and materials, including cement mixing and washings, used in constructing the development;

(g) treatment of all relevant pedestrian routes and highways within and around the site throughout the course of construction and their reinstatement where necessary;

(h) measures to be used for the suppression of dust and dirt throughout the course of construction;

(i) details of the method of piling addressing vibration impact;

(j) details of construction vehicles wheel cleaning; and,

(k) details of how noise emanating from the site during construction will be mitigated.

 

The approved Construction Management Plan shall be adhered to throughout the development process of the relevant building unless a variation is approved in writing by the Local Planning Authority.

 

REASON: In the interest of health and safety, protecting the amenity of local land uses, neighbouring residents, and the character of the area and highway safety.

 

31. Habitat Mitigation Measures (Performance)

 

The Habitat Mitigations Measures shall be provided in accordance with the submitted Environmental Assessment Addendum (April 2024) and the phasing plan pursuant to condition 3, above. The mitigation measures shall be thereafter retained as agreed unless variations are approved in writing by the Local Planning Authority.

 

REASON: In the interests of ecology and biodiversity.

 

32. External Lighting (Pre-Occupation/Use)

 

Before each building first comes into use or occupation, the external lighting for the relevant building shall be provided in accordance with the final design to be first submitted to and approved in writing by the Local Planning Authority. The lighting design shall incorporate the recommendations of the submitted Lighting Assessment and include night-time CGI’s to illustrate the visual impact of the scheme. The external lighting shall thereafter be implemented in accordance with the agreed details unless a variation is approved in writing by the Local Planning Authority.

 

REASON: In the interest of residential amenity, to reduce opportunities for crime and anti-social behaviour and to minimise disturbance to ecology.

 

34. Soundproofing Measures (Pre-occupation)

 

Details of acoustic screening to balconies for the residential flats withineach building shall be submitted to and approved in writing before the residential flats within the relevant building first come into occupation. The screens together with the soundproofing measures to the residential flats shall be provided, in full, in accordance with the submitted Noise and Vibration Assessment (Appendix 10.1 of the Environmental Statement) prior to the flats first coming into occupation. The measures shall be thereafter retained as approved for the lifetime of the building.

 

REASON: To secure a satisfactory residential environment.

 

37. BREEAM Standards (Performance)

 

Within 6 months of any a relevant part of a building at the development first becoming occupied, written documentary evidence proving that the relevant part of a building has achieved (or will once fully occupied) at minimum an overall score of Excellent in the form of post construction assessment as issued by a legitimate BREEAM certification body shall be submitted to and approved in writing by the Local Planning Authority.

 

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).

 

38. Zero or Low Carbon Energy Sources (Pre-Commencement)

 

Confirmation of the energy strategy, including zero or low carbon energy technologies that will aspire to achieve net zero emissions in accordance with Southampton City Council Energy Guidance for New Developments 2021-2025 and achieve a minimum reduction in CO2 emissions of at least 15% above building regulation requirements must be submitted and approved in writing by the Local Planning Authority prior to the commencement of the development hereby granted consent, with the exception of pier stabilisation and repair works.  This includes demonstrating the development has incorporated means for future connection to the district heating system. This shall include plans showing the pipework specifications and the location within the building.  Detailed design to demonstrate cooling hierarchy to reduce overheating risk. The relevant technologies that meet the agreed specifications must be installed and rendered fully operational prior to the first occupation of the development hereby granted consent and retained thereafter.

 

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).

 

40. Quantum of Development (Performance)

 

The quantum of the new development, excluding the hotel, hereby approved shall not exceed the following maximum levels:

 

·  Up to 750sq.m of retail falling within Use Class E of the Use Classes Order 1987, as amended.

·  Up to 2,567sq.m of drinking establishments (Sui Generis) and hot food takeaways (Sui Generis) at any one time.

 

unless otherwise approved in writing by the Local Planning Authority.

 

REASON: In the interests of residential amenity, the character of the area and in the interests of the viability and vitality of the primary and secondary retail frontages within the city centre.

 

41. Hours of Use Restriction (Performance Condition)

 

The commercial units hereby approved shall not operate outside the hours of 07:00 to 00:00 on a daily basis and

 

The hotel shall not be open to non-hotel guests outside of the hours of 07:00 to 03:00 on a daily basis except New Years Eve.  No live music shall take place outside of the hours of 07:00 to 00:00.

 

REASON: In order to control the use in the interests of amenity.

 

43. Land Contamination investigation and remediation (Pre-Commencement)

 

Except for the pier stabilisation/repair works, prior to the commencement of an individual building within the development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), a scheme to deal with the risks associated with contamination of the relevant building shall be submitted to and approved by the Local Planning Authority.  That scheme shall include all of the following phases, unless identified as unnecessary by the preceding phase and approved in writing by the Local Planning Authority:

 

1.  A report of the findings of an exploratory site investigation, characterising the site and allowing for potential risks (as identified in the Clancy Consulting Phase 1 Geo-Environmental Appraisal Report, Ref: 10/1402/001) to be assessed.

2.  A scheme of remediation detailing the remedial actions to be taken and how they will be implemented.

 

REASON: To ensure land contamination risks associated with the site are appropriately investigated and assessed with respect to human health and the wider environment and where required remediation of the site is to an appropriate standard.

 

44. Remediation of Land Contamination (Pre-Occupation)

 

Any scheme of remediation undertaken to address land contamination risks must be approved by the Local planning authority and on completion, a verification report shall be submitted to the Local Planning Authority confirming the remediation actions that have been undertaken in accordance with the approved scheme of remediation and setting out any measures for maintenance, further monitoring, reporting and arrangements for contingency action.  The verification report shall be approved by the Local Planning Authority prior to the occupation or operational use of any stage of the development. Any changes to these agreed elements require the express consent of the local planning authority. For the avoidance of doubt, this condition may be discharged on a phase-by-phase or building-by-building basis.

 

REASON: To ensure land contamination risks associated with the site are appropriately investigated and assessed with respect to human health and the wider environment and where required remediation of the site is to an appropriate standard.

 

49. Boundary Treatment Restriction (Performance)

 

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 as amended or any Order amending, revoking or re-enacting that Order, no further boundary treatment shall be erected to the external permissive public walkways and spaces without the prior written consent of the Local Planning Authority.

 

REASON: In order that the Local Planning Authority may exercise further control in this locality given the specific circumstances of the application site and in the interests of the comprehensive development with regard to the amenities of the surrounding area.

 

50. External Telecommunication Equipment Restriction (Performance)

 

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) no external telecommunications equipment shall be submitted without first being formally approved in writing by the Local Planning Authority – note that this shall not apply to any communications equipment required by the Harbour Master and/or Statutory Port Authority.

 

REASON: In the interests of visual amenity.

 

51. Nitrate Mitigation (Pre-Occupation)

 

Each building within the development hereby permitted shall not be occupied unless a Nitrate Mitigation Vesting Certificate for the particular building confirming the purchase of sufficient nitrates credits from Eastleigh Borough Council Nutrient Offset Scheme (or other Nutrient Offset scheme serving the River Itchen basin catchment) for the development has been submitted to the council.

 

REASON:  To demonstrate that suitable mitigation has been secured in relation to the effect that nitrates from the development has on the Protected Sites around The Solent.