The site was the subject of a
Site Briefing by the Site Viewing Working Party.
Proposal: Erection of 16 new
dwellings with associated access, parking and open
space.
Reason for Committee
consideration: The application was contrary to the provisions of
the adopted development plan.
The Committee considered the
written report and recommendation from the Head of Planning to
grant permission.
The Committee received the
supplementary information, circulated prior to the meeting
which:
i.
included the minutes of the Committee meeting held
on 29 October 2020;
ii.
included the minutes of the Site Briefing held on 5
November 2020;
iii.
included the deputations submitted by members of the
public over 48 hours in advance of the meeting;
iv.
provided an update paper with two additional
conditions and one amended condition with reasons for these
changes; and
v.
an amendment to the officer report to reflect the
change to the number of the stand-alone housing policy in the
emerging Local Plan.
All members confirmed that they
had read the above supplementary papers prior to the
meeting.
The members received a
presentation from the officers outlining the report and answering
questions raised in the Site Briefing and individual members of the
Committee since the agenda was published.
There had been 2 requests to
make verbal deputations by members of the public. The speaker
opposing the application was Pat Brooks (Friends of the Earth) and
the speaker supporting the application was Alistair Harris (Metis
Homes). These were received by the Committee. These verbal
deputations were a summary of the written deputations supplied and
published on the council’s website. The audio recording of
these deputations is found within the recording of the meeting
itself, beginning at 28.00. This is published on the
council’s website.
Following the deputations, the
officers commented that:
1)
the ecology team had found no significant findings
with regards to the bat population of the proposal site;
2)
the arboricultural
officers were satisfied with the root protection measures
demonstrated by the proposal, as they were secured by conditions 17
and 18 regarding trees;
3)
the area of SINC allocation was 30% of the current
SINC, but the 30% area would be managed and maintained in
perpetuity far better than the site currently was; and
4)
the proposal was an energy efficient low carbon
design, and additional condition 24 would guarantee
this.
In response to questions by
Members of the Committee the officers advised that:
a)
in order to comply with the condition concerning
sustainability the developer would reuse existing materials on the
site for construction, the proposal integrated solar gain into its
design, and the proposal minimised greenhouse gas emissions. Any
other details such as how the dwellings are heated would be dealt
with once the condition was complied with, and the details of this
would be submitted for approval prior to their integration into the
development;
b)
enough space between the dwellings and the trees was
proposed in order to provide space for amenity;
c)
whoever’s land the trees were on would be
responsible for the management of the tree, and those whose trees
had TPO’s on would have to come through the council for
approval before they could cut them back or remove them;
d)
whilst gardens with larger trees would not receive
as much sunlight during the day, notable green specimens and views
of nature have been shown to improve mental health, and the
arboricultural officers were fully
satisfied with this proposal;
e)
there had been no discussion with the owners of the
road running adjacent to the access road of this development, as to
whether the roads could be combined to form a larger
access;
f)
the SINC would be managed and maintained by a third
party which whilst not being explicitly identified, did not need to
be at this stage in the planning application process;
g)
policy E12 in the emerging Local Plan looked at
measures to achieve sustainable development, and it was found that
bolt on measures such as solar panels were compensatory, so if a
developer had a robust design which provided its own mitigation
such as using solar gain, then solar panels would not be so heavily
relied upon to perform the same job;
h)
the western boundary to the site would provide an
opportunity for a wildlife corridor as there was further planting
proposed along this edge of the SINC, which could in turn improve
the ecology of the SINC as a whole. The landscaping condition could
be amended to make this requirement explicit;
i)
the proposed dwellings lay within Flood Zone 1
whereas the open space/SINC was in Flood Zone 3;
j)
at Full Council on 9 September 2020 it was agreed
that this site come forward on its own separately from the
Southleigh development, and the 30%
retention and management of the SINC on site, coupled with the
compensatory land off-site, would benefit the SINC further than
leaving the 100% as it was without any support; and
k)
the lack of a public footpath onto the development
was deemed acceptable following a Highways Safety audit, as the
development was smaller in nature (16 dwellings) and so should not
require a footpath.
The Committee discussed
the application in detail together with the views raised in the
deputations received.
It was RESOLVED that the
Head of Planning be authorised to grant permission for application
APP/19/00768 subject to:
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(A)
a Section 106 Agreement as set out in paragraph 7.90
above; and
(B)
the following conditions (subject to such changes
and/or additions that the Head of Planning considers necessary to
impose prior to the issuing of the decision):
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1
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The development must be begun not later than three
years beginning with the date of this permission.
Reason: To
comply with the requirements of Section 91 of the Town and Country
Planning Act 1990 as amended by Section 51 of the Planning and
Compulsory Purchase Act 2004.
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2
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The development
hereby permitted shall be carried out in accordance with the
following approved plans and documents:
Architectural plans
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Location Plan 101A
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1862
101A
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Proposed Site
Plan
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1862 No.02 I
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Proposed Site
Sections
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1774 14B
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Plot 1 –
Proposed Floor Plans and Elevations
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1862 03 REV
A
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Plot 2 & 3 - Proposed Floor Plan and
Elevations
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1862
1862
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Plot 4 & 5 -
Proposed Floor Plan and Elevations
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1862 05 REV
A
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Plot 6 - Proposed Floor Plan and
Elevations
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1862 06 REV
A
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Plot 7 & 8 - Proposed Floor Plan and
Elevations
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1862 07 REV
A
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Plot 9 - Proposed Floor Plan and
Elevations
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1862 08 REV
A
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Plot 10 - Proposed Floor Plan and
Elevations
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1862 09 REV
C
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Plot 11 - Proposed Floor Plan and
Elevations
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1862 10 REV
B
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Plot 12 & 13 - Proposed Floor Plan
and Elevations
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1862 1862 11 REV
A
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Plot 14 & 15 - Proposed Floor
Plan and Elevations
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1862 12 REV
A
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Plot 16 - Proposed Floor Plan and
Elevations
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1862 13 REV
A
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Topographic Survey
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112552-SU-O1 REV A
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Proposed Street Scene – Plots 7 -
16
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1774 15
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Plan 1 – Compensation Area –
Site Area 0.59ha.
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Engineering drawings
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Highways Location
Plan
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M.096/1
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Refuse Vehicle
Turning Plan
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M.096/6A
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Statements
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Planning, Design & Access Statement,
incorporating Affordable Housing Statement
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July 2019
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Ground
Appraisal Report
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July 2019
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Acoustics
Design Statement (Stage 2)
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July 2019
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Air Quality
Assessment
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June 2019
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Archaeology
Statement
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July 2019
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Statement of Conformity with Pre-Submission Havant
Borough Local Plan 2036
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August 2019
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Letter from Metis Homes
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July 2019
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Ecological Assessment
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July 2019
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Ecology HRA
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July 2019
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Warwickshire, Coventry & Solihull – Habitat
Impact Assessment Calculator
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January 2020
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Biometric Tool Calculator
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January 2020
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Flood Risk Assessment and Drainage
Strategy
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July 2019
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Southern Water Foul Sewer Capacity Check
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July 2019
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Highways Transport Statement
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July 2019
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DM Mason Engineering Consultants Ltd
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September 2019
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Stage 1 Safety Audit Designers Response
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July 2019
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Traffic Count
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September 2019
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Landscape Maintenance Plan
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July 2019
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Arboricultural Impact Assessment and Method Statement
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September 2020
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Lighting Strategy
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June 2019
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Statement of Community Involvement
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July 2019
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Utility Infrastructure Report
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April 2018
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Ecology Solutions Briefing Note: Guiding
Principles for Lowland Meadow Restoration (MG5
Community)
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February 2020
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Briefing Note: Summary of Compensation Approach
Agreed with Hampshire County Council Ecology Team
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Undated
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ECO Urban Ltd Arboricultural Implications Assessment and Method
Statement
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September 2020
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Biodiversity Metric Calculation
Tool
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January 2020
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Habitat Impact Assessment
Calculator
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January 2020
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Updated Nutrient Budget
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September 2020
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Updated European site Avoidance and
Mitigation Checklist
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September 2020
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Arboricultural
Implications Assessment and Method
Statement
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September 2020
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Reason:
- To ensure provision of a satisfactory
development.
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3
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Archaeological
No development
shall take place until the applicant has secured the implementation
of a programme of archaeological assessment in accordance with a
Written Scheme of Investigation (WSI) that has been submitted to
and approved in writing by the Local Planning Authority in order to
recognise, characterise and record any archaeological features and
deposits that may exist here. The assessment should initially take
the form of trial trenches that are located across the
site.
Reason: To
assess the extent, nature and date of any archaeological deposits
that might be present and the impact of the development upon these
heritage assets having due regard to policies
CS11 and CS16 of the Havant Borough Local Plan (Core Strategy) 2011
and the National Planning Policy Framework.
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4
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No development
shall take place until the applicant has secured the implementation
of a programme of archaeological mitigation of impact, based on the
results of the trial trenching, in accordance with a Written Scheme
of Investigation that has been submitted to and approved in writing
by the Local Planning Authority.
Reason: To
mitigate the effect of the works associated with the development
upon any heritage assets and to ensure that information regarding
these heritage assets is preserved by record for future
generation having due regard to policies CS11
and CS16 of the Havant Borough Local Plan (Core Strategy) 2011 and
the National Planning Policy Framework.
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5
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Following
completion of archaeological fieldwork a report shall be produced
in accordance with an approved programme submitted by the developer
and approved in writing by the Local Planning Authority setting out
and securing appropriate post-excavation assessment, specialist
analysis and reports, publication and public engagement.
Reason: To
contribute to our knowledge and understanding of our past by
ensuring that opportunities are taken to capture evidence from the
historic environment and to make this publicly available
having due regard to policies CS11 and CS16 of the
Havant Borough Local Plan (Core Strategy) 2011 and the National
Planning Policy Framework.
Materials and Landscape
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6
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Notwithstanding any
description of materials in the application no above ground
construction works shall take place until samples and / or a full
specification of the materials to be used externally on the
building(s) have been submitted to and approved in writing by the
Local Planning Authority. Such details shall include the type,
colour and texture of the materials. Only the materials so approved
shall be used, in accordance with any terms of such
approval.
Reason: To ensure the appearance of
the development is satisfactory and having due regard to policies
CS11 and CS16 of the Havant Borough Local Plan (Core Strategy) 2011
and the National Planning Policy Framework.
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7
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Notwithstanding any description of landscaping
shown on the Landscape Strategy Plan no above ground construction
works shall take place until a soft landscape scheme including
submission of fully annotated plans at sufficient scale to identify
species of individually planted trees, shrubs, hedges, marginal,
bulbs and any areas of turfing has been submitted to and
approved in writing by the Local Planning Authority. This shall
incorporate the planting of new trees along the western boundary of
the retained SINC to create a wildlife corridor. Planting areas
should show the locations of different single species groups in
relation to one another, and the locations of any individual
specimen shrubs and plant specification schedules, comprising plant
size, number and density.
The
information shall also include:
Hard landscape details requiring submission of fully annotated
plans at sufficient scale that comprise the proposed range of
coloured and textured surfacing treatments, which identify:
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hard surfacing material type / product reference and colour
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laying bond
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edging or kerb detail / type
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Boundary details requiring submission of fully annotated plans at
sufficient scale showing the locations of existing, retained and
proposed new boundary treatments, with scaled elevation drawings to
show height, design, materials, type and colour of proposed
new.
The
approved landscaping scheme shall be carried out in accordance with
the approved details and in accordance with any timing / phasing
arrangements approved or within the first planting season following
first occupation of the development hereby permitted, whichever is
the sooner. Any trees or shrubs planted or retained in accordance
with this condition which are removed, uprooted, destroyed, die or
become severely damaged or become seriously diseased within 5 years
of planting shall be replaced within the next planting season by
trees or shrubs of similar size and species to those originally
required to be planted.
Reason: To ensure the appearance of the development is
satisfactory and having due regard to policies CS11, CS16, DM8 and
DM9 of the Havant Borough Local Plan (Core Strategy) 2011 and the
National Planning Policy Framework
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8
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Highways
Prior to development
commencing the visibility splays shown on the approved plan of
2.4m. x 59m. shall be provided and the area shall be maintained as
such thereafter.
Reason: In the interests of highway
safety and having due regard to policies CS16 and CS20 of the
Havant Borough Local Plan (Core Strategy) 2011 and the National
Planning Policy Framework.
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9
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Prior to the first
occupation of the development at least the first 6 metres of the
access measured from the nearside edge of the carriageway of the
adjacent highway (Horndean Road) shall
be surfaced in non-migratory material. This area shall be
maintained in this condition thereafter.
Reason: In the interests of highway
safety and having due regard to policies CS16 and CS20 of the
Havant Borough Local Plan (Core Strategy) 2011 and the National
Planning Policy Framework.
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10
11
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No above ground
construction works shall be carried out until a programme/timetable
for the provision of roads, footpaths/cycleways and visitor car
parking have been submitted to and approved, in writing by the
Local Planning Authority. The development shall thereafter be
carried out in accordance with the approved programme/timetable and
theroads, footpaths/cycleways and visitor car
parking shall be retained thereafter for their intended purpose
unless agreed in writing by the Local Planning
Authority.
Reason: In the interests of highway
safety and having due regard to policy DM13 of the Havant Borough
Local Plan (Core Strategy) 2011 and the National Planning Policy
Framework.
No dwelling hereby
permitted shall be first occupied anywhere on the site until the
road(s) serving that dwelling have been laid to at least base
course.
Reason: To avoid excess soil being
deposited on the existing roads and having due regard to policy
DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the
National Planning Policy Framework.
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12
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Drainage
and Flood Risk
No development hereby
permitted shall commence until plans and particulars specifying the
layout, depth and capacity of all foul and surface water drains and
sewers proposed to serve the same, and details of any other
proposed ancillary drainage works/plant (e.g. pumping stations)
have been submitted to and approved in writing by the Local
Planning Authority. Unless agreed
otherwise in writing by the Local Planning Authority, the
development hereby permitted shall not be brought into use prior to
the completion of the implementation of all such drainage provision
in full accordance with such plans and particulars as are thus
approved by the Authority.
As to the surface water
drainage scheme for the site, which should be based on sustainable
drainage principles, an assessment of the hydrological and hydro
geological context of the development, shall be submitted to and
approved in writing by the local planning authority. The scheme
shall subsequently be implemented in accordance with the approved
details before the development is commenced. Surface water run-off
should be controlled as near to its source as possible through a
sustainable drainage approach to surface water management
(SUDS).
The drainage scheme shall
also provide the following;
Evidence that Urban Creep
has been considered in the application and that a 10% increase in
impermeable area has been used in calculations to account for this;
and
Evidence that Exceedance
flows and runoff in excess of design criteria have been considered.
Calculations and plans to show where above ground flooding might
occur and where this would pool and flow for exceedance flows.
Exceedance flows are considered in the event of the pipe being
non-operational.
Reason: To safeguard the amenities of
the locality and ensure that all such drainage provision is
constructed to an appropriate standard and quality and having due
regard to policies and proposals CS16 and DM10 of the Havant
Borough Local Plan (Core Strategy) 2011 and the National Planning
Policy Framework.
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13
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No dwellings shall be
occupied until the following drainage details have been submitted
to and approved in writing by the Local Planning Authority: Details
of consent from the Sewerage Authority for a connection to the
public sewer for the development. The development shall be
implemented in accordance with the approved details
Reason: Without the provision of an
appropriate drainage connection point the development cannot be
occupied having due regard to policies CS16 and DM10 of the Havant
Borough Local Plan (Core Strategy) 2011 and the National Planning
Policy Framework.
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14
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Electric
Charging Points
Prior to the occupation
of the development full details of the Electrical Vehicle Charging
points, as shown on approved plan 1862 02 I shall be submitted to
and approved in writing by the Local Planning Authority. The
details shall include samples, location and / or a full
specification of the materials to be used externally on the
buildings. Only the materials so approved shall be used, in
accordance with any terms of such approval, unless otherwise agreed
in writing by the Local Planning Authority. The Charging Points
shall be installed prior to the occupation of each individual
dwelling and retained at all times thereafter.
Reason: To ensure the appearance of
the development is satisfactory and having due regard to policies
CS11 and CS16 of the Havant Borough Local Plan (Core Strategy) 2011
and Policy IN3 of the Pre-Submission Havant Borough Local Plan and
the National Planning Policy Framework.
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15
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Lighting
No above ground
construction works shall take place until a full specification of
the external lighting scheme has been submitted to and approved in
writing by the Local Planning Authority. The approved scheme shall
be installed in accordance with any terms of such approval and in
full accordance with the Proposed Residential Development Lighting
Assessment produced by WYG, dated June 2019 unless otherwise agreed
in writing by the Local Planning Authority.
Reason: To ensure the residential
amenity of the locality is not impacted upon by external lighting
levels and having due regard to policy DM10 of the Havant Borough
Local Plan (Core Strategy) 2011 and the National Planning Policy
Framework.
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16
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Ecology
and Trees
Development shall proceed
in strict accordance with the ecological mitigation, compensation
and enhancement measures detailed within the approved Ecological
Assessment dated July 2019 5927.EcoAss.vf produced by Ecology Solutions, Briefing Note:
Guiding Principles for Lowland Meadow Restoration (MG5 Community)
and Briefing Note: Summary of Compensation Approach Agreed with
Hampshire County Council Ecology Team unless agreed in writing by
the Local Planning Authority. Any such measures shall be
implemented in accordance with the agreed details and secured in
perpetuity, unless otherwise agreed in writing by the Local
Planning Authority. Details of the implementation of all ecological
mitigation, compensation and enhancement features shall be reported
to the Local Planning Authority in writing within one month of
their completion.
Reason: To provide ecological
protection and enhancement in accordance with the Conservation
Regulations 2017, Wildlife & Countryside Act 1981, National
Planning Policy Framework, NERC Act 2006 and Policy CS 11 of the
Havant Borough Local Plan (Core Strategy) 2011.
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17
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Prior to commencement of
development a full engineering/construction method for the no dig
cellular surfacing shall be submitted to, and approved in writing
by the Local Planning Authority. The development shall be carried
out strictly in accordance with the approved details.
Reason: To safeguard the continued
health and presence of such existing vegetation and protect the
amenities of the locality and having due regard to policies CS11
and CS16 of the Havant Borough Local Plan (Core Strategy) 2011 and
the National Planning Policy Framework.
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18
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Prior to any demolition,
construction or groundwork commencing on the site the approved tree
protective measures, including fencing and ground protection, as
shown on the approved Arboricultural
Impact Assessment and Method Statement dated September 2020 and
Tree Protection Plan, shall be installed and agreed at a
pre-commencement meeting with the Council’s Arboricultural Officer and
within the fenced area(s), there shall be no excavations, storage
of materials or machinery, parking of vehicles or fires. The
development shall be carried out strictly in accordance with the
submitted details.
Reason: To ensure the enhancement of
the development by the retention of existing trees and natural
features during the construction phase in accordance with the
objectives of the National Planning Policy Framework and Policy
CS16 of the Havant Borough Local Plan (Core Strategy)
2011.
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19
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Prior to the first
occupation of the development hereby approved, details of bat and
bird boxes to be installed on all of the plots shall be submitted
to, and approved in writing by the Local Planning Authority. The
approved bat and bird boxes shall be installed in full accordance
with the approved details before the occupation of any dwelling and
retained thereafter, unless otherwise agreed in writing by the
Local Planning Authority.
Reason:
In the interests of nature conservation and
biodiversity net gain, and having due regard to Policy CS11 of the
Havant Borough Local Plan (Core Strategy) 2011 and the National
Planning Policy Framework.
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20
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Water
Efficiency/sustainability
The development hereby
permitted shall not be occupied until:
(a) A water efficiency
calculation in accordance with the Government's National
Calculation Methodology for assessing water efficiency in new
dwellings has been undertaken which demonstrates that no more than
110 litres of water per person per day shall be consumed within the
development, and this calculation has been submitted to, and
approved in writing by, the Local Planning Authority;
and
(b) All measures
necessary to meet the approved water efficiency calculation have
been installed.
Reason: There is existing evidence of
high levels of nitrogen and phosphorus in the water environment
with evidence of eutrophication at some European designated nature
conservation sites in the Solent catchment. The PUSH Integrated
Water Management Strategy has identified that there is uncertainty
as to whether new housing development can be accommodated without
having a detrimental impact on the designated sites within the
Solent. Further detail regarding this can be found in the
appropriate assessment that was carried out regarding this planning
application. To ensure that the proposal may proceed as sustainable
development, there is a duty upon the local planning authority to
ensure that sufficient mitigation is provided against any impacts
which might arise upon the designated sites. In coming to this
decision, the Council have had regard to Regulation 63 of the
Conservation of Habitats and Species Regulations 2017, Policy CS11
of the Havant Borough Local Plan (Core Strategy) 2011, and Policy
E14, EX1 and E12 of the Pre-Submission Havant Borough Local
Plan.
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At all times following
occupation of the development hereby approved, all measures
necessary to meet the approved water efficiency calculation shall
be maintained so as to ensure that no more than 110 litres per
person per day shall be consumed in the development in
perpetuity.
Reason: There is existing
evidence of high levels of nitrogen and phosphorus in the water
environment with evidence of eutrophication at some European
designated nature conservation sites in the Solent catchment. The
PUSH Integrated Water Management Strategy has identified that there
is uncertainty as to whether new housing development can be
accommodated without having a detrimental impact on the designated
sites within the Solent. Further detail regarding this can be found
in the appropriate assessment that was carried out regarding this
planning application. To ensure that the proposal may proceed as
sustainable development, there is a duty upon the local planning
authority to ensure that necessary avoidance measures are provided
against any impacts which might arise upon the designated sites. In
coming to this decision, the Council have had regard to Regulation
63 of the Conservation of Habitats and Species Regulations 2017,
Policy CS11 of the Havant Borough Local Plan (Core Strategy) 2011
and Policy E14 EX1 and E12 of the Pre-Submission Havant Borough
Local Plan.
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22
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Other
Notwithstanding the
provisions of the Town and Country Planning (General Permitted
Development) (England) Order 2015 (or any Order revoking and
re-enacting that Order with or without modification) no development
permitted by Classes A, B and E Schedule 2, Part 1 of the Order
shall be carried out on plots 1 to 16; and Class A, of Schedule 2,
Part 2 on plots 10 and 11, as shown on the approved plan 1862 02 I
without the prior written consent of the Local Planning
Authority.
Reason: In the interests of the trees
along the boundaries, three of which are protected, to maintain
natural surveillance of the pedestrian/cyclepath and open space and parking provision
having due regard to policies CS16 and DM13 of the Havant Borough
Local Plan (Core Strategy) 2011 and the National Planning Policy
Framework.
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23 Not to commence development until there is a binding provision with the landowner for the
ecological compensation provision on land edged red on Plan No. 1,
which shall be submitted in writing to the Local Planning
Authority.
Reason: In the interests of nature
conservation and biodiversity net gain, and having due regard to
Policy CS11 of the Havant Borough Local Plan (Core Strategy) 2011
and the National Planning Policy Framework.
24 No above
ground construction works shall take place unless and until details
specifying the Energy Efficiency of the residential development in
accordance with Policy E12 of the Pre-Submission Havant Borough
Local Plan 2036 have been submitted to and approved in writing by
the Local Planning Authority. The development shall thereafter be
carried out in accordance with the approved
specification.
Reason: To ensure the energy
efficiency of the residential development in accordance with Policy
CS14 of the Havant Borough Local Plan (Core Strategy) and Policy
E12 of the Pre-Submission Havant Borough Local Plan 2036 and the
National Planning Policy Framework.
Committee Member
Chairman of Planning Committee
Vice-Chairman