Havant Borough Council
Councillors:
36
Wards:
17
Committees:
35
Meetings (2025):
89
Meetings (2024):
96
Meeting
Planning Committee - Havant
Meeting Times
Scheduled Time
Start:
Thursday, 20th February 2025
5:30 PM
Thursday, 20th February 2025
5:30 PM
End:
Thursday, 20th February 2025
9:30 PM
Thursday, 20th February 2025
9:30 PM
Meeting Status
Status:
Confirmed
Confirmed
Date:
20 Feb 2025
20 Feb 2025
Location:
Hurstwood Room, Public Service Plaza, Civic Centre Road, Havant, Hampshire PO9 2AX
Hurstwood Room, Public Service Plaza, Civic Centre Road, Havant, Hampshire PO9 2AX
Meeting Attendees
Committee Member
Deputy Mayor of the Council and Vice Chairman of Licensing Committee
Secretary
Democratic Services Officer
Mark Gregory
Expected
Secretary
Democratic Services Officer
Ernest Lam
Expected
Vice-Chairman
Vice Chairman of Planning Committee
Committee Member
Chairman of Overview and Scrutiny Committee
Public
Public Copies (Council and Cabinet)
Expected
Committee Member
Chairman of Licensing Committee
Standing Deputy
Armed Forces Champion
Secretary
Democratic Services Officer
Lauren Maidens
Expected
Public
Spare Copies
Expected
Standing Deputy
Chairman of Governance Committee
Chairman
Cabinet Lead for Planning and Environment and Chairman of Planning Committee
Deputee
Leader of the Reform UK Party
Standing Deputy
Cabinet Lead for Climate Emergency, Environment & Water Quality (Climate Change Champion)
Deputee
Deputy Leader of the Council and Cabinet Lead for Finance, Leader of Liberal Democratic Party
Agenda
1
Apologies for Absence
To receive and record any apologies for absence.
Minutes
Apologies for absence were received from Councillor Shimbart.
2
Minutes
To approve the minutes of the Planning Committee held on 30 January 2025 and the minutes of the Site Viewing Working Party held on 13 February 2025.
Attachments:
- Document Minutes of the Site Viewing Working Party 11 Feb 2025
- Document Minutes Public Pack, 30/01/2025 Planning Committee 11 Feb 2025
Minutes
RESOLVED that the minutes of the Planning Committee held on 30 January 2025 and the minutes of the Site Viewing Working Party held on 13 February 2025 be approved as a true record and signed by the Chairman.
3
Declarations of Interests
To receive and record any declarations of interests from Members present.
Minutes
There were no declarations of interests relating to matters on the agenda.
Councillor Horton declared that he was the relevant ward councillor in relation to item 4(b), and that he had been approached by his ward’s residents with questions regarding the planning application.
Councillor Horton declared that he was the relevant ward councillor in relation to item 4(b), and that he had been approached by his ward’s residents with questions regarding the planning application.
4
Applications for Development
Attachments:
- Document Apps for Dev Report 11 Feb 2025
4
APP/23/00996 - McCormack House, 56A East Street, Havant, PO9 1BS (Withdrawn)
The item has been withdrawn.
Attachments:
- Document Final Report McCormack House 11 Feb 2025
- Document APPENDIX A - Location Plan 11 Feb 2025
- Document APPENDIX B - Site Plan 11 Feb 2025
- Document APPENDIX C - Proposed Elevations 11 Feb 2025
- Document APPENDIX D1 - Pick up Drop Off Arrangements 11 Feb 2025
- Document APPENDIX D2 - Pick up Drop Off Arrangements & Car Park Ramp 11 Feb 2025
- Document Written Submission by Mr Garrod 11 Feb 2025
- Document Written Submission by Mrs Martin 11 Feb 2025
- Document Written Submission by Councillor Berwick 11 Feb 2025
- Document Written Submission by Councillor Collings 11 Feb 2025
- Document McCormack House Application Withdrawal 11 Feb 2025
Minutes
(The site was viewed by the Site Viewing Working Party)
The item was not considered at the meeting as the applicants withdrew the application prior to the meeting.
The item was not considered at the meeting as the applicants withdrew the application prior to the meeting.
4
APP/24/00606 - 8 Downley Road, Havant, PO9 2JD
Proposal: Demolition of existing buildings and redevelopment of the industrial site comprising of a single industrial building, split into three units having a flexible set of mixed industrial uses. This includes use classes E(g) (iii), B2 and B8 along with ancillary offices, car parking, yard areas, soft landscaping and associated infrastructure.
Additional Documents
Additional Documents
Attachments:
- Document Final report - 8 Downley Rd 11 Feb 2025
- Document APPENDIX A - Site Location Plan 11 Feb 2025
- Document APPENDIX B - Existing Elevations 11 Feb 2025
- Document APPENDIX C - Site Photos Prior to Demolition 11 Feb 2025
- Document APPENDIX D - Proposed Layout Plan 11 Feb 2025
- Document APPENDIX E - Proposed Floor Plan 11 Feb 2025
- Document APPENDIX F - Proposed Elevations 11 Feb 2025
- Document Written Submission by Mr Comlay 11 Feb 2025
- Document Written Submission by Councillor Collings 11 Feb 2025
- Document Update sheet 11 Feb 2025
- Document 8 Downley Road - Deputation in Support on Behalf of Royal London 11 Feb 2025
Minutes
(The site was viewed by the Site Viewing Working Party)
Proposal: Demolition of existing buildings and redevelopment of the industrial site comprising of a single industrial building, split into three units having a flexible set of mixed industrial uses. This includes use classes E(g) (iii), B2 and B8 along with ancillary offices, car parking, yard areas, soft landscaping and associated infrastructure.
The Committee considered the written report and recommendation from the Head of Planning to grant permission.
The Committee received supplementary information, circulated prior to the
meeting, which included:
1. Written submissions submitted by Mr Comlay, Councillor Collings and the applicant’s agents.
2. an update sheet which included revised recommendations, a letter of representation, responses to statutory and non statutory consultations, and answers to further requests for information made at the Site Viewing Working Party.
The Committee was addressed by:
1. Mr Comlay, who reiterated the issues set out in the written deputation submitted.
In response to questions from Members of the Committee, Mr Comlay stated that:
· A document on the state of the estate’s traffic signage and request for traffic monitoring was passed to Hampshire County Council last July.
· No detailed responses had been received from Hampshire County Council or Hampshire County Councillors regarding this document on the state of the estate’s traffic signage and request for traffic monitoring.
· He had no professional qualification in relation to transport or the items presented in his written statement.
· The traffic issues generated by the Amazon warehouse in the area would be exacerbated by this application.
2. Councillor Collings, who reiterated the issues set out in the written deputation submitted.
In response to questions from Members of the Committee, Councillor Collings stated that:
a. The lack of enforcement over heavy goods vehicles not following assigned routes should justify the use of automatic number plate recognition cameras.
3. Ms Fellows and Mr Eyton, the applicant’s agents, who reiterated the issues set out in the written deputation submitted.
In response to questions from Members of the Committee, Ms Fellows and Mr Eyton stated that:
· The proposal for the site would offer flexible uses in order to attract a broad range of businesses.
· This application would be of a different scale and nature to that of an Amazon distribution centre.
· A lot of the demolition work on the original site has been completed.
· Construction materials generated by the demolition of the original site would be reused.
· Hampshire County Council had worked with the applicants on the site’s construction management plan.
· Construction vehicles associated with the site would be carefully managed.
· There would be enhancements to the accesses of the site.
· A planning condition was proposed to secure ‘Excellent’ level Building Research Establishment Environmental Assessment Methodology (BREEAM) rating for the proposal.
· They were committed to delivering 20% of solar power on the site’s roofs, which would provide 20% of the anticipated energy demand.
· There would be room for more solar panels if needed in future depending on the end user(s).
· 20% of the parking spaces would be secured as electric vehicles charging provision.
· It would be difficult to provide electric vehicles charging provisions for each parking space on site as the site did not have enough power output.
· More solar panels were not provided as the current energy provisions on site were sufficient.
The officers commented on the issues raised by public speakers and in the written submissions as follows:
· There would be a planning condition requiring an Operational Management Plan to mitigate the conflict between different occupiers in terms of vehicle movements.
· The officers were satisfied that the TRICS data provided in support of the application was a fair representation of the traffic movements that could have been generated by the current lawful use of the site.
· It would be unreasonable for the Council to impose a condition on this development requiring the provision of automatic number plate recognition cameras around the site on this application
In response to questions from members of the Committee, officers stated that:
1. Prior approval was granted for the demolition of the existing building on the site.
2. Full consultation responses were received from Hampshire County Traffic Authority.
3. Hampshire County Council’s traffic management team were reviewing the document on the state of the estate’s traffic signage and request for traffic monitoring referred to in Mr Comlay’s written statement.
4. The officers could not estimate the completion time of off-site signage reviews.
5. It would be unreasonable for the Committee to impose planning conditions that would be outside of the of the control of the applicant, and also the jurisdiction of the local planning authority.
6. The Council would not have the right to recall or rescind determined planning applications.
7. Liaison panels between residents, councillors and the developers could be formed if there were issues arising from developments.
8. Modifications to the highway network would be in the remit of the Hampshire County Council.
9. Hampshire County Council were content with the traffic arrangements of the proposal.
10. Motions to defer this application would require a sound planning reason to justify.
11. The officers would not know the timescale of the provision of off-site signage as this would be within the remit of Hampshire County Council’s Traffic Management Team.
12. The Council could not propose planning recommendations that would be outside of the Council’s remit as it would not be resolved in a meaningful manner.
13. If the Committee would be minded to defer the application, the Committee would require a proposer and seconder to move that motion.
14. The Committee would not require a proposer or a seconder for the original motion.
15. It was advised that the Committee would be unreasonable to defer or refuse permission of this application based on traffic factors that would be outside of the Council’s and applicant’s control.
16. If the application were to be deferred, this would offer the applicants the opportunity to appeal against non-determination.
17. There could be a claim of costs towards the Council if the planning inspector determined that the Committee acted unreasonably in failing to determine an application within the statutory timescale.
18. Hampshire County Council were satisfied that planning permission could be granted for this application, subject to a number of planning conditions and Section 106 planning obligations.
The Committee discussed the application in detail together with the views raised by deputes.
The Committee considered the impact of the application on local traffic, the businesses that might occupy the site, employment opportunities, in particular youth employment opportunities created by the proposal, the Council’s lack of jurisdiction over traffic issues in the Borough, the current traffic issues in the area, the potential traffic issues brought on by this application, the scale of the application, the use of renewable energy onsite and the landscaping of the proposal.
RESOLVED that application APP/24/00606 be granted permission subject to:
(A)The completion of a Section 106 Agreement to the satisfaction of the Solicitor of the Council to secure the following;
Employment and Skills Plan BNG monitoring fees HBC Monitoring fees A financial contribution of £50,544 with respect to sustainable transport improvements to be secured towards the following (in no priority order):
- Bus stop improvements along Bartons Road
- Wayfinding provision
- Pedestrian and cycle improvements within the vicinity of the Crossland Drive/Petersfield Road junction
- Crossing improvements at New Lane/Eastern Road junction
- Provision of tactile paving at Littlegreen Avenue junction
A S278 highways agreement with respect to the northern and southern site access works along Downley Road A full travel plan HCC fees in respect to approval and monitoring of the full travel plan Bond or cash deposit of £11,000 with respect to costed measures within the travel plan ; 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)
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.
The development hereby permitted shall be carried out in accordance with the following approved plans and documents:
Application Form - Original Submission -08.07.24
CIL Form - Original Submission -08.07.24
Employment & Skills Plan Downley Rd (November 2024 update) Fellows Planning - Revised Submission -22.01.25
Statement of Community Involvement 060724 Fellows Planning - Original Submission -08.07.24
23076 Design & Access Statement dated rev00 08.07.24 Hale Architecture - Original Submission -08.07.24
23076-PL001A-Site Location Plan Rev A Hale Architecture - Revised Submission -13.12.24
23076-PL002B-Existing Site Plan Rev B Hale Architecture - Revised Submission -13.12.24
23076-PL003-Site Block Plan Hale Architecture - Original Submission -08.07.24
23076-PL004J-Proposed Site Plan Rev N Hale Architecture - Revised Submission -13.12.24
23076-PL005A-Extg_Prop Outline Plan Rev A Hale Architecture - Original Submission -08.07.24
23076-PL010-Existing Site Sections Hale Architecture - Original Submission -08.07.24
23076-PL011D-Proposed Site Sections Hale Architecture - Original Submission -08.07.24
23076-PL015D-Unit GA Plan Hale Architecture - Original Submission -08.07.24
23076-PL016D-Proposed GA Elevations Hale Architecture - Original Submission -08.07.24
23076-PL018-Proposed Roof Plan Hale Architecture - Original Submission -08.07.24
2442 Arboricultural Impact Assessment - Dunham Bush Site, Downley Road, Havant BEA Landscaping Landscaping Package - Original Submission -08.07.24
24-042-01-P01 A0 Tree Survey Plan BEA Landscaping - Original Submission -08.07.24
24-042-02-P01 A0 Tree Constraints Plan BEA Landscaping - Original Submission -08.07.24
24-042-03-P02 A0 Arboricultural Impact Plan BEA Landscaping - Original Submission -08.07.24
24-042-04-P01 A0 Tree Retention & Removal Plan BEA Landscaping - Original Submission -08.07.24
24-042-05-P04 A0 Tree Protection Plan BEA Landscaping - Revised Submission -17.10.24
24-042-06-P07 A0 Planting Plan BEA Landscaping - Submission -08.01.25
2442 Arboricultural Impact Assessment - Dunham Bush Site, Downley Road, Havant BEA Landscaping - Original Submission -08.07.24
2442 Arboricultural Method Statement - Dunham Bush Site, Downley Road, Havant BEA Landscaping - Original Submission -08.07.24
Flood Risk Assessment and Drainage Strategy - Original Submission -08.07.24
Tier 1 Ground Investigation Report TRC - Original Submission -08.07.24
Tier 2 Ground Investigation Report TRC - Original Submission -08.07.24
Hoare Lea Air Quality Assessment - Original Submission -08.07.24
Hoare Lea Acoustic Assessment - Original Submission -08.07.24
Transport Assessment SLR (Vectos) -Original Submission -08.07.24
Travel Plan Revision 04 (October 2024) SLR (Vectos) - Revised Submission -17.10.24
FPCR Ecological Appraisal (January 2025 update) - Revised Submission -17.01.25
BNG Metric 4.0 - 05.07.24 FPCR - Revised Submission -17.01.25
Landscape & Ecological Specification & Management Plan 08.07.24 FPCR - Original Submission -08.07.24
12241 BNG Report (Rev C January 2025) - Revised Submission -17.01.25
Lighting Report 0465-ESC-00-ZZ-RP-Z-0016 P2 ESC - Original Submission -08.07.24
Lighting plan 0000-ESC-00-ZZ-DR-E-2100 P2 ESC - Revised Submission -22.01.25
Sustainability Statement Rev 3 ESC - Original Submission -08.07.24
BREEAM Pre-Assessment V6 ESC - Original Submission -08.07.24
Planning Energy Statement ESC - Original Submission -08.07.24
SO1 Revision T1 Proposed Foundation Design T&L Constructing Ltd - Submission -22.01.25
425.065366.00001 AT SK04 REVISION D - Proposed Site and Egress Plan SLR (Vectos) - Submission -22.01.25
Downley Road Speed Survey Results - 15th January 2025 SLR (Vectos) - Submission -17.01.25
Parking Survey Results/Photos Highway Technical Note (SLR) 24.12.24 SLR (Vectos) - Submission -24.12.24
Construction Management Plan (CMP) and Associated Appendices and pre-condition survey Metro - Revised Submission -30.10.24
Walking and Cycling Assessment Rev 04 (October 2024) SLR (Vectos) - Submission -16.10.24
SK0050 PO1 Unprotected Area North & South Elevations Hale Architecture Response to Building Control question - Submission -17.09.24
SK0050 PO2 Unprotected Area North & South Elevations Site Plan Hale Architecture Response to Building Control question - Submission -17.09.24
Reason: - To ensure provision of a satisfactory development.
Development shall proceed in accordance with the ecological avoidance, mitigation, and enhancement measures as detailed in the Ecological Appraisal (FPCR, July 2024) unless otherwise agreed in writing by the Local Planning Authority.
Reason: to provide ecological protection and enhancement in accordance with the Environment Act 2021, Conservation Regulations 2017, Wildlife & Countryside Act 1981, NPPF, NERC Act 2006 and Policy CS11 of the Havant Borough Local Plan (Core Strategy) 2011.
The Biodiversity Gain Plan shall be prepared in accordance with the Ecological Appraisal (FPCR, January 2025), BNG report (FPCR, January 2025) and BNG Statutory Metric (FPCR, January 2025), unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interest of securing biodiversity net gain (BNG) and having regard to the BNG hierarchy and policies CS11, CS16 and DM8 of the Havant Borough Local Plan (Core Strategy) 2011, the National Planning Policy Framework and Schedule 7A of the Town and Country Planning Act 1990. This decision is subject to a deemed pre-commencement BNG condition requiring a Biodiversity Gain Plan as required by legislation.
No development above slab level shall commence until a Habitat Management and Monitoring Plan (the HMMP), prepared in accordance with the approved Biodiversity Gain Plan and including:
(a) a non-technical summary;
(b) the roles and responsibilities of the people or organisation(s) delivering the HMMP;
(c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;
(d) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and
(e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority, has been submitted to, and approved in writing by, the local planning authority, unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interest of securing biodiversity net gain (BNG) and policies CS11, CS16 and DM8 of the Havant Borough Local Plan (Core Strategy) 2011, the National Planning Policy Framework and Schedule 7A of the Town and Country Planning Act 1990. This is a pre-commencement condition as it relates to the deemed BNG condition requiring a Biodiversity Gain Plan as required by legislation and therefore goes to the heart of the permission.
Notice in writing shall be given to the Council when the:
(a) HMMP has been implemented; and
(b) habitat creation and enhancement works as set out in the HMMP have been completed.
Reason: In the interest of securing and monitoring biodiversity net gain (BNG) and policies CS11, CS16 and DM8 of the Havant Borough Local Plan (Core Strategy) 2011, the National Planning Policy Framework and Schedule 7A of the Town and Country Planning Act 1990.
a) Where the approved HMMP under Condition 5 proposes offsite habitat creation and/or offsite habitat enhancement works, the retail unit hereby permitted shall not be occupied until evidence that such works have been secured and/or delivered in accordance with the HMMP has been submitted to, and approved in writing by the Local Planning Authority.
(b) Where the approved HMMP under Condition 5 proposes onsite habitat creation and/or onsite habitat enhancement works, these works shall be carried out in full accordance with the approved details either prior to the first occupation of the retail unit hereby permitted or within the first planting season thereafter. Evidence of the completed onsite habitat works shall be submitted to the Local Planning Authority within 1 month of the completion of these works. In order to discharge this condition, the evidence must be approved in writing by the Local Planning Authority.
Reason: In the interest of securing and monitoring biodiversity net gain (BNG) and policies CS11, CS16 and DM8 of the Havant Borough Local Plan (Core Strategy) 2011, the National Planning Policy Framework and Schedule 7A of the Town and Country Planning Act 1990.
The created and/or enhanced habitat specified in the approved HMMP shall be managed and maintained in accordance with the approved HMMP.
Reason: In the interest of securing biodiversity net gain (BNG) and policies CS11, CS16 and DM8 of the Havant Borough Local Plan (Core Strategy) 2011, the National Planning Policy Framework and Schedule 7A of the Town and Country Planning Act 1990.
Monitoring reports shall be submitted to local planning authority in writing in accordance with the methodology and frequency specified in the approved HMMP
Reason: In the interest of securing and monitoring biodiversity net gain (BNG) and policies CS11, CS16 and DM8 of the Havant Borough Local Plan (Core Strategy) 2011, the National Planning Policy Framework and Schedule 7A of the Town and Country Planning Act 1990.
Within 6 months of any part of the development first becoming occupied (unless an alternative timescale has been agreed in writing by the Local Planning Authority), written documentary evidence proving that the development has achieved at minimum 'Excellent' against the BREEAM Standard in the form of post construction assessment 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 contributes to sustainable construction in accordance with Policy CS4 of the Havant Borough Local Plan (Core Strategy) 2011.
Prior to the first occupation of each industrial unit, an acoustic assessment to show that the rating level of any plant and equipment, as part of their unit, will meet the ‘Noise Rating Level at nearest dwelling LAeq’ as stipulated in the Hoare Lea Noise impact assessment Rev01 date July 2024 under Table 7 (A further correction would be applicable if the plant contains distinguishing features, as per BS4142:2014 guidance), shall be submitted to and approved in writing by the Local Planning Authority. The assessment must be carried out by a suitably qualified acoustic consultant / engineer and be in accordance with BS4142: 2014 Methods for rating and assessing industrial and commercial sound. Background levels have already been established in the forementioned assessment. Thereafter, there shall be no additional plant installed without prior agreement in writing by the Local Planning Authority.
Reason: To ensure the amenities of nearby residential properties are not impacted upon by any external noise levels and having due regard to policies CS16 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework
Prior to the first occupation of each industrial unit, the building envelope shall meet the requirements of the Hoare Lea Noise Assessment with regard to the stipulated minimum sound insulation performance and therefore sound insulation measures shall be retained in accordance with these requirements.
Reason: To ensure the amenities of nearby residential properties are not impacted upon by any external noise levels and having due regard to policies CS16 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework
There shall be no piling carried out on site unless a detailed methodology has been submitted to and approved in writing by the Local Planning Authority. The methodology should seek the least intrusive noise and vibration method of piling and shall detail proposed mitigation methods to be employed, to ensure minimal impact on the nearest residential receptors and minimise the risks to groundwater quality.
Reason: To safeguard the amenities of the locality and in the interests of safeguarding ground water quality and having due regard to policy DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.
There shall be no external lighting installed on site other than that on the approved documents Lighting Report 0465-ESC-00-ZZ-RP-Z-0016 P2 ESC - Original Submission -08.07.24 and Lighting plan 0000-ESC-00-ZZ-DR-E-2100 P2 ESC - Revised Submission -22.01.25, unless otherwise agreed in writing by the Local Planning Authority.
Reason: To protect the occupants of nearby residential properties, from any light disturbance / nuisance, and having due regard to policies CS16 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.
Prior to each occupation of each of the units, a full Operational Management Plan (OMP) shall be submitted to and approved in writing by Local Planning Authority in consultation with the County Highway Authority. This should set out the peak hour HGV trip generation for each associated unit and the associated HGV routeing. The OMP shall also provide a commitment to allow the formal variation of the OMP for each industrial unit should the operational needs vary from the operation and use of the units that have previously been assessed and secured.
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.
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 buildings and for hard landscaping 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.
The soft landscaping scheme shall be carried out in full accordance with the approved plans 24-042-06-P07 A0 Planting Plan BEA Landscaping - Submission -08.01.25 and Landscape & Ecological Specification & Management Plan 08.07.24 by FPCR, prior to the first occupation of the development or within the first available planting season following the first occupation of the development. Thereafter the soft landscaping shall be maintained in accordance with Landscape & Ecological Specification & Management Plan 08.07.24 by FPCR unless otherwise agreed in writing by the Local Planning Authority. Any tree or shrub planted or retained as part of such approved landscaping scheme which dies or is otherwise removed within the first 5 years shall be replaced with another of the same species and size in the same position during the first available planting season, unless agreed in writing by the Local Planning Authority.
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.
Prior to any construction or groundwork commencing on the site the approved tree protective measures, including fencing and ground protection, as shown within the Tree Retention & Removal Plan and Tree Protection Plan prepared by BEA Landscaping. No arboricultural works shall be carried out to trees other than those specified and in accordance with the submitted Arboricultural Method Statement prepared by BEA Landscaping. Within the fenced area(s), there shall be no excavations, storage of materials or machinery, parking of vehicles or fires.
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.
Reasonable vigilance for the presence of contamination and soil hazards shall be maintained during all groundwork. In the event that any or any significant buried waste material or suspected contamination is encountered (e.g. significant made soils, or any obviously contaminated, stained, discoloured or odourous soil/groundwater); works in affected areas of the site shall cease until the Local Planning Authority has been notified of the discovery and a scheme to deal with the risks associated with the suspected contamination has been submitted to and approved in writing by the Local Planning Authority.
The scheme may take a proportionate approach to the degree of formality adopted and may comprise separate results / reports / statements as appropriate, but unless specifically excluded by agreement shall include;
1) Investigation in the vicinity of the suspect material, sufficient to characterise it’s nature, likely extent & mobility,
2) An appropriate assessment of the risks to all receptors that may be affected, based upon 1), and;
3) Where potentially unacceptable risks are identified by 2), a Remediation / Risk Management Strategy that includes appropriately considered remedial objectives and clearly defined proposals for achieving these, having due regard to sustainability
All investigation, assessments & other actions required by 1)-3) above (and B, below) shall be undertaken & documented by competent persons, and the findings presented in a written format. The scheme shall be implemented as approved.
Prior to the occupation of any relevant part of the permitted development, EITHER of the following shall be submitted to the Local Planning Authority;
A) A written statement confirming that no suspected contamination was identified during development, OR;
B) Documentation in accordance with 1) & 2) above; together with a Verification Report (where appropriate) which demonstrates that the agreed remediation objectives (3)) have been met.
Reason: Site investigation has concluded that there remains a risk that discrete deposits of contaminating material / contaminated soils which have not been intercepted by the initial intrusive works could still be present at the site, and that such deposits could potentially pose a risk to future occupiers of the site or to the local water environment. This is in line with Policy DM10 of the Havant Borough Local Plan (Core Strategy) 2011, DM17 of the Havant Borough Local Plan (Allocations) [2014], and the National Planning Policy Framework.
The approved lines of site splays on 425.065366.00001_AT_SK02 Rev
C and 425.065366.00001_AT_SK04 Rev D shall be provided prior to the first occupation of the site and shall be kept free of any obstruction exceeding 0.6m in height above the adjacent carriageway thereafter.
Reason: In the interest 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.
The development shall be carried out in strict accordance with the submitted Construction Management Plan (CMP) and Associated Appendices prepared by Metro (submitted 30.10.24) and the agreed Framework Construction Traffic Management Plan (ref DPP_1592_R0) dated 08 October 2024, unless otherwise agreed in writing by the Local Planning Authority. Should at anytime the appointed principal contractor change, the Local Planning Authority and Council’s Environmental Health Team shall be notified in writing prior to a new principal contractor starting on site and shall be provided with the relevant contact details.
Reason: To safeguard the amenities of the locality and in the interests of traffic safety and having due regard to policies CS16 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework
Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended) and the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or in any other statutory instrument amending, revoking and re-enacting that Order, the building hereby permitted shall be used for Use Classes E(g) (iii), B2 and B8 along with ancillary offices and for no other purpose. The floor areas of the ancillary offices shall not be increased without prior agreement of the Local Planning Authority in writing.
Reason: To safeguard the amenities of the locality and in the interests of ensuring sufficient parking provision and having due regard to policies CS16 and DM14 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.
(C) And the following additional conditions following receipt of the LLFA consultation response (subject to such changes and/or additions that the Head of Planning considers necessary to impose prior to the issuing of the decision):
23 No development shall (other than demolition) shall begin until a detailed surface water drainage scheme for the site, based on the principles within the Flood Risk Assessment, has been submitted and approved in writing by the Local Planning Authority. The submitted details should include:
a. A technical summary highlighting any changes to the design from that within the Flood Risk Assessment.
b. Infiltration test results undertaken in accordance with BRE365 and providing a representative assessment of those locations where infiltration features are proposed and demonstrating the 1m unsaturated zone.
c. Detailed drainage plans to include type, layout and dimensions of drainage features including references to link to the drainage calculations.
d. Detailed drainage calculations to demonstrate existing runoff rates are not exceeded and there is sufficient attenuation for storm events up to and including 1:100 + climate change.
e. Confirmation that sufficient water quality measures have been included to satisfy the methodology in the Ciria SuDS Manual C753.
f. Exceedance plans demonstrating the flow paths and areas of ponding in the event of blockages or storms exceeding design criteria.
Reason: To ensure that the site is adequately drained and having due regard to policy CS15 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework. This is a pre-commencement condition as it goes to the heart of the permission.
24 Details for the long term maintenance arrangements for the surface water drainage system shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of any of the Units. The submitted details shall include;
a. Maintenance schedules for each drainage feature type and ownership
b. Details of protection measures
Reason: To ensure that the site is adequately drained and having due regard to policy CS15 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.
Proposal: Demolition of existing buildings and redevelopment of the industrial site comprising of a single industrial building, split into three units having a flexible set of mixed industrial uses. This includes use classes E(g) (iii), B2 and B8 along with ancillary offices, car parking, yard areas, soft landscaping and associated infrastructure.
The Committee considered the written report and recommendation from the Head of Planning to grant permission.
The Committee received supplementary information, circulated prior to the
meeting, which included:
1. Written submissions submitted by Mr Comlay, Councillor Collings and the applicant’s agents.
2. an update sheet which included revised recommendations, a letter of representation, responses to statutory and non statutory consultations, and answers to further requests for information made at the Site Viewing Working Party.
The Committee was addressed by:
1. Mr Comlay, who reiterated the issues set out in the written deputation submitted.
In response to questions from Members of the Committee, Mr Comlay stated that:
· A document on the state of the estate’s traffic signage and request for traffic monitoring was passed to Hampshire County Council last July.
· No detailed responses had been received from Hampshire County Council or Hampshire County Councillors regarding this document on the state of the estate’s traffic signage and request for traffic monitoring.
· He had no professional qualification in relation to transport or the items presented in his written statement.
· The traffic issues generated by the Amazon warehouse in the area would be exacerbated by this application.
2. Councillor Collings, who reiterated the issues set out in the written deputation submitted.
In response to questions from Members of the Committee, Councillor Collings stated that:
a. The lack of enforcement over heavy goods vehicles not following assigned routes should justify the use of automatic number plate recognition cameras.
3. Ms Fellows and Mr Eyton, the applicant’s agents, who reiterated the issues set out in the written deputation submitted.
In response to questions from Members of the Committee, Ms Fellows and Mr Eyton stated that:
· The proposal for the site would offer flexible uses in order to attract a broad range of businesses.
· This application would be of a different scale and nature to that of an Amazon distribution centre.
· A lot of the demolition work on the original site has been completed.
· Construction materials generated by the demolition of the original site would be reused.
· Hampshire County Council had worked with the applicants on the site’s construction management plan.
· Construction vehicles associated with the site would be carefully managed.
· There would be enhancements to the accesses of the site.
· A planning condition was proposed to secure ‘Excellent’ level Building Research Establishment Environmental Assessment Methodology (BREEAM) rating for the proposal.
· They were committed to delivering 20% of solar power on the site’s roofs, which would provide 20% of the anticipated energy demand.
· There would be room for more solar panels if needed in future depending on the end user(s).
· 20% of the parking spaces would be secured as electric vehicles charging provision.
· It would be difficult to provide electric vehicles charging provisions for each parking space on site as the site did not have enough power output.
· More solar panels were not provided as the current energy provisions on site were sufficient.
The officers commented on the issues raised by public speakers and in the written submissions as follows:
· There would be a planning condition requiring an Operational Management Plan to mitigate the conflict between different occupiers in terms of vehicle movements.
· The officers were satisfied that the TRICS data provided in support of the application was a fair representation of the traffic movements that could have been generated by the current lawful use of the site.
· It would be unreasonable for the Council to impose a condition on this development requiring the provision of automatic number plate recognition cameras around the site on this application
In response to questions from members of the Committee, officers stated that:
1. Prior approval was granted for the demolition of the existing building on the site.
2. Full consultation responses were received from Hampshire County Traffic Authority.
3. Hampshire County Council’s traffic management team were reviewing the document on the state of the estate’s traffic signage and request for traffic monitoring referred to in Mr Comlay’s written statement.
4. The officers could not estimate the completion time of off-site signage reviews.
5. It would be unreasonable for the Committee to impose planning conditions that would be outside of the of the control of the applicant, and also the jurisdiction of the local planning authority.
6. The Council would not have the right to recall or rescind determined planning applications.
7. Liaison panels between residents, councillors and the developers could be formed if there were issues arising from developments.
8. Modifications to the highway network would be in the remit of the Hampshire County Council.
9. Hampshire County Council were content with the traffic arrangements of the proposal.
10. Motions to defer this application would require a sound planning reason to justify.
11. The officers would not know the timescale of the provision of off-site signage as this would be within the remit of Hampshire County Council’s Traffic Management Team.
12. The Council could not propose planning recommendations that would be outside of the Council’s remit as it would not be resolved in a meaningful manner.
13. If the Committee would be minded to defer the application, the Committee would require a proposer and seconder to move that motion.
14. The Committee would not require a proposer or a seconder for the original motion.
15. It was advised that the Committee would be unreasonable to defer or refuse permission of this application based on traffic factors that would be outside of the Council’s and applicant’s control.
16. If the application were to be deferred, this would offer the applicants the opportunity to appeal against non-determination.
17. There could be a claim of costs towards the Council if the planning inspector determined that the Committee acted unreasonably in failing to determine an application within the statutory timescale.
18. Hampshire County Council were satisfied that planning permission could be granted for this application, subject to a number of planning conditions and Section 106 planning obligations.
The Committee discussed the application in detail together with the views raised by deputes.
The Committee considered the impact of the application on local traffic, the businesses that might occupy the site, employment opportunities, in particular youth employment opportunities created by the proposal, the Council’s lack of jurisdiction over traffic issues in the Borough, the current traffic issues in the area, the potential traffic issues brought on by this application, the scale of the application, the use of renewable energy onsite and the landscaping of the proposal.
RESOLVED that application APP/24/00606 be granted permission subject to:
(A)The completion of a Section 106 Agreement to the satisfaction of the Solicitor of the Council to secure the following;
Employment and Skills Plan BNG monitoring fees HBC Monitoring fees A financial contribution of £50,544 with respect to sustainable transport improvements to be secured towards the following (in no priority order):
- Bus stop improvements along Bartons Road
- Wayfinding provision
- Pedestrian and cycle improvements within the vicinity of the Crossland Drive/Petersfield Road junction
- Crossing improvements at New Lane/Eastern Road junction
- Provision of tactile paving at Littlegreen Avenue junction
A S278 highways agreement with respect to the northern and southern site access works along Downley Road A full travel plan HCC fees in respect to approval and monitoring of the full travel plan Bond or cash deposit of £11,000 with respect to costed measures within the travel plan ; 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)
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.
The development hereby permitted shall be carried out in accordance with the following approved plans and documents:
Application Form - Original Submission -08.07.24
CIL Form - Original Submission -08.07.24
Employment & Skills Plan Downley Rd (November 2024 update) Fellows Planning - Revised Submission -22.01.25
Statement of Community Involvement 060724 Fellows Planning - Original Submission -08.07.24
23076 Design & Access Statement dated rev00 08.07.24 Hale Architecture - Original Submission -08.07.24
23076-PL001A-Site Location Plan Rev A Hale Architecture - Revised Submission -13.12.24
23076-PL002B-Existing Site Plan Rev B Hale Architecture - Revised Submission -13.12.24
23076-PL003-Site Block Plan Hale Architecture - Original Submission -08.07.24
23076-PL004J-Proposed Site Plan Rev N Hale Architecture - Revised Submission -13.12.24
23076-PL005A-Extg_Prop Outline Plan Rev A Hale Architecture - Original Submission -08.07.24
23076-PL010-Existing Site Sections Hale Architecture - Original Submission -08.07.24
23076-PL011D-Proposed Site Sections Hale Architecture - Original Submission -08.07.24
23076-PL015D-Unit GA Plan Hale Architecture - Original Submission -08.07.24
23076-PL016D-Proposed GA Elevations Hale Architecture - Original Submission -08.07.24
23076-PL018-Proposed Roof Plan Hale Architecture - Original Submission -08.07.24
2442 Arboricultural Impact Assessment - Dunham Bush Site, Downley Road, Havant BEA Landscaping Landscaping Package - Original Submission -08.07.24
24-042-01-P01 A0 Tree Survey Plan BEA Landscaping - Original Submission -08.07.24
24-042-02-P01 A0 Tree Constraints Plan BEA Landscaping - Original Submission -08.07.24
24-042-03-P02 A0 Arboricultural Impact Plan BEA Landscaping - Original Submission -08.07.24
24-042-04-P01 A0 Tree Retention & Removal Plan BEA Landscaping - Original Submission -08.07.24
24-042-05-P04 A0 Tree Protection Plan BEA Landscaping - Revised Submission -17.10.24
24-042-06-P07 A0 Planting Plan BEA Landscaping - Submission -08.01.25
2442 Arboricultural Impact Assessment - Dunham Bush Site, Downley Road, Havant BEA Landscaping - Original Submission -08.07.24
2442 Arboricultural Method Statement - Dunham Bush Site, Downley Road, Havant BEA Landscaping - Original Submission -08.07.24
Flood Risk Assessment and Drainage Strategy - Original Submission -08.07.24
Tier 1 Ground Investigation Report TRC - Original Submission -08.07.24
Tier 2 Ground Investigation Report TRC - Original Submission -08.07.24
Hoare Lea Air Quality Assessment - Original Submission -08.07.24
Hoare Lea Acoustic Assessment - Original Submission -08.07.24
Transport Assessment SLR (Vectos) -Original Submission -08.07.24
Travel Plan Revision 04 (October 2024) SLR (Vectos) - Revised Submission -17.10.24
FPCR Ecological Appraisal (January 2025 update) - Revised Submission -17.01.25
BNG Metric 4.0 - 05.07.24 FPCR - Revised Submission -17.01.25
Landscape & Ecological Specification & Management Plan 08.07.24 FPCR - Original Submission -08.07.24
12241 BNG Report (Rev C January 2025) - Revised Submission -17.01.25
Lighting Report 0465-ESC-00-ZZ-RP-Z-0016 P2 ESC - Original Submission -08.07.24
Lighting plan 0000-ESC-00-ZZ-DR-E-2100 P2 ESC - Revised Submission -22.01.25
Sustainability Statement Rev 3 ESC - Original Submission -08.07.24
BREEAM Pre-Assessment V6 ESC - Original Submission -08.07.24
Planning Energy Statement ESC - Original Submission -08.07.24
SO1 Revision T1 Proposed Foundation Design T&L Constructing Ltd - Submission -22.01.25
425.065366.00001 AT SK04 REVISION D - Proposed Site and Egress Plan SLR (Vectos) - Submission -22.01.25
Downley Road Speed Survey Results - 15th January 2025 SLR (Vectos) - Submission -17.01.25
Parking Survey Results/Photos Highway Technical Note (SLR) 24.12.24 SLR (Vectos) - Submission -24.12.24
Construction Management Plan (CMP) and Associated Appendices and pre-condition survey Metro - Revised Submission -30.10.24
Walking and Cycling Assessment Rev 04 (October 2024) SLR (Vectos) - Submission -16.10.24
SK0050 PO1 Unprotected Area North & South Elevations Hale Architecture Response to Building Control question - Submission -17.09.24
SK0050 PO2 Unprotected Area North & South Elevations Site Plan Hale Architecture Response to Building Control question - Submission -17.09.24
Reason: - To ensure provision of a satisfactory development.
Development shall proceed in accordance with the ecological avoidance, mitigation, and enhancement measures as detailed in the Ecological Appraisal (FPCR, July 2024) unless otherwise agreed in writing by the Local Planning Authority.
Reason: to provide ecological protection and enhancement in accordance with the Environment Act 2021, Conservation Regulations 2017, Wildlife & Countryside Act 1981, NPPF, NERC Act 2006 and Policy CS11 of the Havant Borough Local Plan (Core Strategy) 2011.
The Biodiversity Gain Plan shall be prepared in accordance with the Ecological Appraisal (FPCR, January 2025), BNG report (FPCR, January 2025) and BNG Statutory Metric (FPCR, January 2025), unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interest of securing biodiversity net gain (BNG) and having regard to the BNG hierarchy and policies CS11, CS16 and DM8 of the Havant Borough Local Plan (Core Strategy) 2011, the National Planning Policy Framework and Schedule 7A of the Town and Country Planning Act 1990. This decision is subject to a deemed pre-commencement BNG condition requiring a Biodiversity Gain Plan as required by legislation.
No development above slab level shall commence until a Habitat Management and Monitoring Plan (the HMMP), prepared in accordance with the approved Biodiversity Gain Plan and including:
(a) a non-technical summary;
(b) the roles and responsibilities of the people or organisation(s) delivering the HMMP;
(c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;
(d) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and
(e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority, has been submitted to, and approved in writing by, the local planning authority, unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interest of securing biodiversity net gain (BNG) and policies CS11, CS16 and DM8 of the Havant Borough Local Plan (Core Strategy) 2011, the National Planning Policy Framework and Schedule 7A of the Town and Country Planning Act 1990. This is a pre-commencement condition as it relates to the deemed BNG condition requiring a Biodiversity Gain Plan as required by legislation and therefore goes to the heart of the permission.
Notice in writing shall be given to the Council when the:
(a) HMMP has been implemented; and
(b) habitat creation and enhancement works as set out in the HMMP have been completed.
Reason: In the interest of securing and monitoring biodiversity net gain (BNG) and policies CS11, CS16 and DM8 of the Havant Borough Local Plan (Core Strategy) 2011, the National Planning Policy Framework and Schedule 7A of the Town and Country Planning Act 1990.
a) Where the approved HMMP under Condition 5 proposes offsite habitat creation and/or offsite habitat enhancement works, the retail unit hereby permitted shall not be occupied until evidence that such works have been secured and/or delivered in accordance with the HMMP has been submitted to, and approved in writing by the Local Planning Authority.
(b) Where the approved HMMP under Condition 5 proposes onsite habitat creation and/or onsite habitat enhancement works, these works shall be carried out in full accordance with the approved details either prior to the first occupation of the retail unit hereby permitted or within the first planting season thereafter. Evidence of the completed onsite habitat works shall be submitted to the Local Planning Authority within 1 month of the completion of these works. In order to discharge this condition, the evidence must be approved in writing by the Local Planning Authority.
Reason: In the interest of securing and monitoring biodiversity net gain (BNG) and policies CS11, CS16 and DM8 of the Havant Borough Local Plan (Core Strategy) 2011, the National Planning Policy Framework and Schedule 7A of the Town and Country Planning Act 1990.
The created and/or enhanced habitat specified in the approved HMMP shall be managed and maintained in accordance with the approved HMMP.
Reason: In the interest of securing biodiversity net gain (BNG) and policies CS11, CS16 and DM8 of the Havant Borough Local Plan (Core Strategy) 2011, the National Planning Policy Framework and Schedule 7A of the Town and Country Planning Act 1990.
Monitoring reports shall be submitted to local planning authority in writing in accordance with the methodology and frequency specified in the approved HMMP
Reason: In the interest of securing and monitoring biodiversity net gain (BNG) and policies CS11, CS16 and DM8 of the Havant Borough Local Plan (Core Strategy) 2011, the National Planning Policy Framework and Schedule 7A of the Town and Country Planning Act 1990.
Within 6 months of any part of the development first becoming occupied (unless an alternative timescale has been agreed in writing by the Local Planning Authority), written documentary evidence proving that the development has achieved at minimum 'Excellent' against the BREEAM Standard in the form of post construction assessment 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 contributes to sustainable construction in accordance with Policy CS4 of the Havant Borough Local Plan (Core Strategy) 2011.
Prior to the first occupation of each industrial unit, an acoustic assessment to show that the rating level of any plant and equipment, as part of their unit, will meet the ‘Noise Rating Level at nearest dwelling LAeq’ as stipulated in the Hoare Lea Noise impact assessment Rev01 date July 2024 under Table 7 (A further correction would be applicable if the plant contains distinguishing features, as per BS4142:2014 guidance), shall be submitted to and approved in writing by the Local Planning Authority. The assessment must be carried out by a suitably qualified acoustic consultant / engineer and be in accordance with BS4142: 2014 Methods for rating and assessing industrial and commercial sound. Background levels have already been established in the forementioned assessment. Thereafter, there shall be no additional plant installed without prior agreement in writing by the Local Planning Authority.
Reason: To ensure the amenities of nearby residential properties are not impacted upon by any external noise levels and having due regard to policies CS16 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework
Prior to the first occupation of each industrial unit, the building envelope shall meet the requirements of the Hoare Lea Noise Assessment with regard to the stipulated minimum sound insulation performance and therefore sound insulation measures shall be retained in accordance with these requirements.
Reason: To ensure the amenities of nearby residential properties are not impacted upon by any external noise levels and having due regard to policies CS16 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework
There shall be no piling carried out on site unless a detailed methodology has been submitted to and approved in writing by the Local Planning Authority. The methodology should seek the least intrusive noise and vibration method of piling and shall detail proposed mitigation methods to be employed, to ensure minimal impact on the nearest residential receptors and minimise the risks to groundwater quality.
Reason: To safeguard the amenities of the locality and in the interests of safeguarding ground water quality and having due regard to policy DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.
There shall be no external lighting installed on site other than that on the approved documents Lighting Report 0465-ESC-00-ZZ-RP-Z-0016 P2 ESC - Original Submission -08.07.24 and Lighting plan 0000-ESC-00-ZZ-DR-E-2100 P2 ESC - Revised Submission -22.01.25, unless otherwise agreed in writing by the Local Planning Authority.
Reason: To protect the occupants of nearby residential properties, from any light disturbance / nuisance, and having due regard to policies CS16 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.
Prior to each occupation of each of the units, a full Operational Management Plan (OMP) shall be submitted to and approved in writing by Local Planning Authority in consultation with the County Highway Authority. This should set out the peak hour HGV trip generation for each associated unit and the associated HGV routeing. The OMP shall also provide a commitment to allow the formal variation of the OMP for each industrial unit should the operational needs vary from the operation and use of the units that have previously been assessed and secured.
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.
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 buildings and for hard landscaping 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.
The soft landscaping scheme shall be carried out in full accordance with the approved plans 24-042-06-P07 A0 Planting Plan BEA Landscaping - Submission -08.01.25 and Landscape & Ecological Specification & Management Plan 08.07.24 by FPCR, prior to the first occupation of the development or within the first available planting season following the first occupation of the development. Thereafter the soft landscaping shall be maintained in accordance with Landscape & Ecological Specification & Management Plan 08.07.24 by FPCR unless otherwise agreed in writing by the Local Planning Authority. Any tree or shrub planted or retained as part of such approved landscaping scheme which dies or is otherwise removed within the first 5 years shall be replaced with another of the same species and size in the same position during the first available planting season, unless agreed in writing by the Local Planning Authority.
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.
Prior to any construction or groundwork commencing on the site the approved tree protective measures, including fencing and ground protection, as shown within the Tree Retention & Removal Plan and Tree Protection Plan prepared by BEA Landscaping. No arboricultural works shall be carried out to trees other than those specified and in accordance with the submitted Arboricultural Method Statement prepared by BEA Landscaping. Within the fenced area(s), there shall be no excavations, storage of materials or machinery, parking of vehicles or fires.
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.
Reasonable vigilance for the presence of contamination and soil hazards shall be maintained during all groundwork. In the event that any or any significant buried waste material or suspected contamination is encountered (e.g. significant made soils, or any obviously contaminated, stained, discoloured or odourous soil/groundwater); works in affected areas of the site shall cease until the Local Planning Authority has been notified of the discovery and a scheme to deal with the risks associated with the suspected contamination has been submitted to and approved in writing by the Local Planning Authority.
The scheme may take a proportionate approach to the degree of formality adopted and may comprise separate results / reports / statements as appropriate, but unless specifically excluded by agreement shall include;
1) Investigation in the vicinity of the suspect material, sufficient to characterise it’s nature, likely extent & mobility,
2) An appropriate assessment of the risks to all receptors that may be affected, based upon 1), and;
3) Where potentially unacceptable risks are identified by 2), a Remediation / Risk Management Strategy that includes appropriately considered remedial objectives and clearly defined proposals for achieving these, having due regard to sustainability
All investigation, assessments & other actions required by 1)-3) above (and B, below) shall be undertaken & documented by competent persons, and the findings presented in a written format. The scheme shall be implemented as approved.
Prior to the occupation of any relevant part of the permitted development, EITHER of the following shall be submitted to the Local Planning Authority;
A) A written statement confirming that no suspected contamination was identified during development, OR;
B) Documentation in accordance with 1) & 2) above; together with a Verification Report (where appropriate) which demonstrates that the agreed remediation objectives (3)) have been met.
Reason: Site investigation has concluded that there remains a risk that discrete deposits of contaminating material / contaminated soils which have not been intercepted by the initial intrusive works could still be present at the site, and that such deposits could potentially pose a risk to future occupiers of the site or to the local water environment. This is in line with Policy DM10 of the Havant Borough Local Plan (Core Strategy) 2011, DM17 of the Havant Borough Local Plan (Allocations) [2014], and the National Planning Policy Framework.
The approved lines of site splays on 425.065366.00001_AT_SK02 Rev
C and 425.065366.00001_AT_SK04 Rev D shall be provided prior to the first occupation of the site and shall be kept free of any obstruction exceeding 0.6m in height above the adjacent carriageway thereafter.
Reason: In the interest 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.
The development shall be carried out in strict accordance with the submitted Construction Management Plan (CMP) and Associated Appendices prepared by Metro (submitted 30.10.24) and the agreed Framework Construction Traffic Management Plan (ref DPP_1592_R0) dated 08 October 2024, unless otherwise agreed in writing by the Local Planning Authority. Should at anytime the appointed principal contractor change, the Local Planning Authority and Council’s Environmental Health Team shall be notified in writing prior to a new principal contractor starting on site and shall be provided with the relevant contact details.
Reason: To safeguard the amenities of the locality and in the interests of traffic safety and having due regard to policies CS16 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework
Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended) and the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or in any other statutory instrument amending, revoking and re-enacting that Order, the building hereby permitted shall be used for Use Classes E(g) (iii), B2 and B8 along with ancillary offices and for no other purpose. The floor areas of the ancillary offices shall not be increased without prior agreement of the Local Planning Authority in writing.
Reason: To safeguard the amenities of the locality and in the interests of ensuring sufficient parking provision and having due regard to policies CS16 and DM14 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.
(C) And the following additional conditions following receipt of the LLFA consultation response (subject to such changes and/or additions that the Head of Planning considers necessary to impose prior to the issuing of the decision):
23 No development shall (other than demolition) shall begin until a detailed surface water drainage scheme for the site, based on the principles within the Flood Risk Assessment, has been submitted and approved in writing by the Local Planning Authority. The submitted details should include:
a. A technical summary highlighting any changes to the design from that within the Flood Risk Assessment.
b. Infiltration test results undertaken in accordance with BRE365 and providing a representative assessment of those locations where infiltration features are proposed and demonstrating the 1m unsaturated zone.
c. Detailed drainage plans to include type, layout and dimensions of drainage features including references to link to the drainage calculations.
d. Detailed drainage calculations to demonstrate existing runoff rates are not exceeded and there is sufficient attenuation for storm events up to and including 1:100 + climate change.
e. Confirmation that sufficient water quality measures have been included to satisfy the methodology in the Ciria SuDS Manual C753.
f. Exceedance plans demonstrating the flow paths and areas of ponding in the event of blockages or storms exceeding design criteria.
Reason: To ensure that the site is adequately drained and having due regard to policy CS15 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework. This is a pre-commencement condition as it goes to the heart of the permission.
24 Details for the long term maintenance arrangements for the surface water drainage system shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of any of the Units. The submitted details shall include;
a. Maintenance schedules for each drainage feature type and ownership
b. Details of protection measures
Reason: To ensure that the site is adequately drained and having due regard to policy CS15 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.
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