applicant: first wessex - eastleigh … · eastleigh tuesday 14 january 2014 case officer dawn...

EASTLEIGH Tuesday 14 January 2014 Case Officer Dawn Errington

SITE: Land north of Kipling Road, Woodside Avenue, Eastleigh, Ref. O/13/73698 Received: 28/11/2013 (27/02/2014) APPLICANT: First Wessex

PROPOSAL: Outline: Construction of 94 dwelling units with new

road access junction off Woodside Avenue and associated public open space, car parking and landscaping and access to existing allotments following removal of existing household waste recycling centre (access only detailed matter for consideration).

AMENDMENTS: 20.12.2013

RECOMMENDATION: Subject to the consideration of outstanding consultee responses and to the completion of a legal agreement to secure: • Community infrastructure contributions • Education contributions • Off-site public open space contributions • On-site public open space/play provision and maintenance • 35% on-site affordable housing • Provision of allotments access • Public art provision • Residents car parking road traffic order • Travel plan provision and monitoring • Transport infrastructure contributions • Street tree maintenance • Phasing to be agreed • Employment and Skills Plan • Construction Traffic Routing • Air quality monitoring contributions • Section 106 monitoring GRANT OUTLINE PERMISSION

CONDITIONS AND REASONS:

(1) The development hereby permitted shall be implemented in accordance

with the following plans numbered: 2428_GAD_100001_B, 2428_GAD_100010_A, 2428_GAD_100020_B, 2428_GAD_100030_B, ENC/220813-505, 057.0001.100 P2, J242.1, J242.2. Reason: For the avoidance of doubt and in the interests of proper planning.

(2) The permission hereby granted is an outline permission with the following

matters reserved for the Local Planning Authority’s subsequent approval: layout, scale, appearance and landscaping. Applications for the approval of these reserved matters must be made not later than the expiration of 2 years beginning with the date of this permission. The development hereby permitted shall begin no later than the expiration of one year from the date of approval of the last of the reserved matters to be approved . Reason: To enable the Local Planning Authority to control the development in detail, encourage delivery and comply with Section 92 of the Town and Country Planning Act 1990.

(3) No development shall start until details of the: a) layout of the site. b)

scale of the buildings. c) external appearance of the buildings and d) landscaping of the site [hereafter called "the reserved matters"] have been submitted to and approved in writing by the Local Planning Authority. Application for the approval of the reserved matters shall be made within 2 years of the date of this permission. The development shall accord with the approved details. Reason: To enable the Local Planning Authority to control the development in detail, encourage delivery and to comply with Section 92 of the Town and Country Planning Act 1990.

(4) No development shall start until the following details have been submitted

to and approved in writing by the Local Planning Authority: a) details and samples of the materials to be used in the construction of the external surfaces of the buildings (including fenestration, rainwater goods, meter boxes, fascias and soffits) and hard surfacing b) the alignment, height and materials of all walls, fences and other means of enclosure c) the details and layout of foul sewers, surface water drains and a water strategy for the site d) plans including cross sections to show proposed ground levels and their relationship to existing levels both within the site and on immediately adjoining land. e) the width, alignment, gradient, sight lines and type of construction proposed for any roads footpaths and accesses. f) the provision to be made for street lighting and/or external lighting. Lighting shall be designed and located to minimise light spillage and avoid impacting on flight corridors used by bats. g) the provision to be made for the parking and turning of vehicles h) the provision of street trees i) the provision to be made for the storage of refuse and the storage of bicycles j) access and fencing works for the allotments

k) crime prevention measures The development shall not be occupied until the approved details have been fully implemented and the approved provisions retained and kept available unless otherwise agreed in writing by the Local Planning Authority Reason: To limit the impact the development has on the locality and to ensure high quality development.

(5) No development shall start until details of a sustainable drainage system

have been submitted to and approved in writing by the Local Planning Authority. The details shall include a timetable for its implementation and a management/ maintenance plan for the lifetime of the development [including the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the effective operation of the sustainable drainage system throughout its lifetime]. The system shall be implemented and thereafter managed and maintained in accordance with the approved details. Reason: To ensure satisfactory drainage for the development.

(6) No development shall start until full and final details of the accesses

including any footway, verge crossing, visibility splays and final surface details have been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the approved details have been fully implemented unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure satisfactory vehicular access.

(7) No work shall commence on the site until the following has been

submitted to, and approved in writing by the Local Planning Authority: (a) a Report of Preliminary Investigation comprising a Desk Study, Conceptual Site Model and Preliminary Risk Assessment documenting previous and existing land uses of the site and adjacent land in accordance with national guidance as set out in Contaminated Land report nos. 11, CLR 11 and BS10175:2011 Investigation of Potentially Contaminated Land; Code of Practice, and, unless otherwise agreed with the Local Planning Authority; (b) A report of a site investigation documenting the ground conditions of the site and incorporating chemical and gas analysis identified as appropriate by the Preliminary Investigation and in accordance with BS10175:2011, and BS 8576:2013 and unless otherwise agreed with the Local Planning Authority, (c) a detailed site specific scheme for remedial works and measures to be undertaken to avoid the risk from contaminants and/or gases when the site is developed and proposals for future maintenance a and monitoring, such a scheme shall include nomination of a competent person to oversee the implementation of the works. Reason: To address the risk from land contamination for public safety.

(8) Prior to the commencement of the residential development hereby

permitted a further detailed assessment of road and rail noise and a detailed noise mitigation scheme to address such noise with measures to

provide satisfactory internal and external noise standards to include site layout and building orientation, building construction, glazing and mechanical ventilation shall be submitted to and approved in writing by the Local Planning Authority. The internal noise standards to be achieved shall be agreed in writing by the Local Planning Authority prior to the submission of the noise mitigation scheme. The approved noise mitigation measures, shall be fully installed and verified as performing as required prior to the first occupation of each dwelling unit, and shall thereafter retained. Reason: In the interests of residential amenity and to protect business interests.

(9) No development shall start until a landscaping scheme has been

submitted to and approved in writing by the Local Planning Authority. The scheme shall cover all hard & soft landscaping [including trees and boundary treatment] and shall provide details of timings for all landscaping and any future maintenance. The works shall be carried out in accordance with the approved plans and to the appropriate British Standard. Reason: In the interests of the visual amenity of the locality and to safeguard the amenities of neighbouring residents.

(10) No development shall start until an Arboricultural Method Statement has

been submitted to and agreed in writing by the Local Planning Authority and a site meeting [attended by the Arboricultural Consultant and Site Manager] has taken place where a representative from the Local Planning Authority has inspected and approved the fencing and signed the card which accompanies this decision notice. Once approved no access by vehicles, storage or use of machinery, equipment or materials shall take place within the fenced area. The fencing shall be retained in its approved form for the duration of the construction work. Reason - To retain and protect the existing trees which form an important part of the amenity of the locality.

(11) No work shall start until the developer has secured the implementation of

a programme of archaeological work in accordance with a written scheme of investigation and recording which has first been submitted to and approved in writing by the Local Planning Authority. Reason - To ensure that the archaeological interest of the site is properly safeguarded and recorded.

(12) Details of the construction proposed for the roads and footways within the

development including all relevant horizontal cross sections and longitudinal sections showing the existing and proposed levels together with details of street lighting and the method of disposing of surface water and details of the programme of implementation for the making up of the roads and footways must be submitted to and approved by the Local Planning Authority in writing before development of that phase commences. The development must accord with these approved details. Reason: To ensure that the roads are constructed to a standard which will enable them to be taken over as publicly maintainable highways.

(13) The roads and footways must be laid out and made up in accordance with the specification, programme and details approved and in any event shall be so constructed that, by no later than the time any building erected within that phase on the land is occupied, there shall be a direct connection from it to an existing highway. The final carriageway and footway surfacing must be commenced within three months and completed within six months from the date upon which the erection is commenced of the penultimate dwelling hereby permitted. Reason: To ensure that the roads are constructed to a standard which will enable them to be taken over as publicly maintainable highways

(14) No construction or demolition work shall start until a Construction

Management Plan has been submitted to, and approved in writing by, the Local Planning Authority. Demolition and construction work shall only take place in accordance with the approved Construction Management Plan which shall include: a) a programme and phasing of the demolition and construction work, including roads, landscaping and open space; b) location of temporary site buildings, compounds, construction material and plant storage areas used during demolition and construction; c) the arrangements for the routing/ turning of lorries and details for construction traffic access to the site; d) the parking of vehicles of site operatives and visitors; e) measures to control the emission of dust and dirt generated by demolition and construction; f) a scheme for controlling noise and vibration from construction activities (to include piling); g) provision for storage, collection, and disposal of rubbish from the development during construction period; h) measures to prevent mud and dust on the highway during demolition and construction; i) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; j) temporary lighting; k) protection of trees and ecology (to include Habitats Regulation Assessment requirements) l) noise generating plant, m) use of cranes in relation to Southampton Airport. The construction must then be in accordance with the agreed plan for the duration of the construction period. Reason: To limit the impact the development has on the amenity of the locality

(15) Detailed proposals for the disposal of foul and surface water (including a

programme for implementation) shall be submitted to and approved in writing by the Local Planning Authority before the commencement of the development hereby permitted. The development shall not be carried out otherwise than in accordance with the approved details. Reason: To ensure satisfactory provision of foul and surface water drainage.

(16) Prior to the commencement of the development hereby permitted, all existing uses on the site must cease. Reason: To prevent any conflict between land uses and to ensure the site can be redeveloped in its entirety and to avoid the need for two vehicular accesses to serve two different uses from Woodside Avenue.

(17) No development shall start until a Code for Sustainable Homes level 4

interim stage certificate and sustainability report demonstrating how all of the essential requirements of the Eastleigh Borough Council adopted Supplementary Planning Document Environmentally Sustainable Development are to be met have been submitted to and approved in writing by the Local Planning Authority. Reason: To ensure the development meets the requirements of the adopted Supplementary Planning Document Environmentally Sustainable Development

(18) The development shall not be occupied unless otherwise agreed in

writing by the Local Planning Authority until a Code for Sustainable Homes level 4 final stage certificate and sustainability report highlighting how all of the essential requirements of the Eastleigh Borough Council adopted Supplementary Planning Document Environmentally Sustainable Development have been met have been submitted to and approved in writing by the Local Planning Authority. Reason: To ensure the development meets the essential requirements of the adopted Supplementary Planning Document Environmentally Sustainable Development.

(19) The development hereby permitted shall not be brought into

use/occupied until the associated areas to be shown on the plan to be approved for the parking of vehicles [including those areas marked out on the plan as being unallocated] shall have been made available, surfaced and marked out. The parking area shall then be permanently retained and reserved for that purpose at all times. Reason: To make provision for sufficient parking for the purpose of highway safety.

(20) The development hereby permitted shall not be occupied or brought into

use until there has been submitted to the Local Planning Authority verification by the competent person approved under the provisions of condition 7 above that any remediation scheme required and approved under the provisions of condition 7 above has been implemented fully in accordance with the approved details unless varied with the written permission of the Local Planning Authority in advance of implementation. Unless agreed in writing with the Local Planning Authority such verification shall comply with the guidance contained in Contaminated Land Report 11 and Environment Agency - A Guidance for the Safe Development of Housing on Land Affected by Contamination R&D Publication 66: 2008. Such a report should comprise a. A description of the site and its background, and summary of relevant site information, b. A description of the remediation objectives and remedial works carried out

c. Verification data, including sample locations and analytical results, as built drawings of the implemented scheme and photographs of the remediation works in progress. d. Certificates demonstrating that imported materials or materials left in situ is free from contamination and that any required gas or vapour membranes have been installed correctly. Thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under the condition 7 above. Reason: To address the risk from land contamination for public safety.

(21) The residential development hereby permitted shall not exceed 94

dwelling units. Reason: It has not been demonstrated that the site has capacity to accommodate more than 94 dwelling units.

(22) No burning of materials obtained by site clearance or any other source

shall take place during the demolition, construction and fitting out process. Reason: To protect the amenities of the occupiers of nearby properties.

(23) No construction, demolition or deliveries to the site shall take place

during the construction period except between the hours of 0800 to 1800 Mondays to Fridays and 0900 to 1300 on Saturdays and not at all on Sundays or Bank Holidays. Reason: To protect the amenities of the occupiers of nearby dwellings.

(24) Other than those specified for felling in the submitted Arboricultural

Impact Assessment for the development ( 2013) all existing trees within the application site shall be retained and managed in accordance with the landscape management plans to be approved. The development shall fully comply with the details and recommendations of the submitted Arboricultural Impact Assessment ( 2013) and Tree Protection Plan and with the appropriate British Standard. Reason - To retain and protect the existing trees which form an important part of the amenity of the locality.

(25) All reserved matters applications must be supported by an ecological

mitigation and management plan. The Plan must include details of mitigation and enhancement measures as set out in the Ecological Assessment Report (Aluco Ecology November 2013) . The development shall be carried out fully in accordance with the approved ecological mitigation and management plans. Reason - To protect and enhance biodiversity.

(26) The development shall be carried out in accordance with the noise,

vibration and air quality proposals and mitigation measures contained within the submitted Noise Assessment Report (Bureau Veritas November 2013) and Air Quality Assessment (WSP 17.12.13) Reason: To protect the amenities of the occupiers of residential properties.

INFORMATIVES

(a) In dealing with the application, Eastleigh Borough Council has, in accordance with paragraphs 186 and 187 of the National Planning Policy Framework worked with the applicant in a positive and proactive manner, including pre-application advice.

(b) Under the Town and Country Planning (Fees for Applications, Deemed

Applications, Requests and Site Visits) [England] Regulations 2012, a fee is required for Discharge of Condition Applications. N.B. Conditions not fully discharged, invalidate the planning permission.

(c) The permission does not authorise the undertaking of any works involving

excavations in the carriageway, footway or verge. A road opening permit must be obtained from Hampshire Highways, HCC call centre number 0845 6035633.

(d) In accordance with Appendix C of the Council’s adopted Policy Quality

Places SPD, the Council requires developers to meet the cost of bins for general and recycling waste. These must be purchased from Direct Services on 023 80688440.

(e) The applicant/developer should enter into a formal agreement with

Southern Water to provide the necessary sewerage infrastructure required to service this development.

(f) A formal application for connection to the water supply is required in order

to service this development. (g) Any use of cranes must comply with the British Standard Code of Practice

for the safe use of Cranes and the Crane operators must consult the aerodrome before erecting a crane in close proximity to an aerodrome. This is further explained in Advice Note 4, Cranes & Other Construction Issues [available at www.aoa.org.uk/publications/safeguarding.asp).

(h) A card is included with this permission which is required to be filled in and

returned to the Local Planning Authority giving notice when tree protection fencing has been installed in order that it can be inspected by the Local Planning Authority’s Tree Officer.

______________________________________________________________ Report: This application has been referred to Committee because the Council is the landowner and it involves major development. The site and its surroundings 1. The 2.5ha level site is located approximately 1km to the north west of

Eastleigh town centre and the land for residential development comprises former allotments land and brownfield land with existing

vehicular accesses off Woodside Avenue. Running along the northern boundary of this level site is a treed railway embankment, whilst to the east are retained allotments and the Brookwood Cemetery. To the south are the 1930’s semi-detached dwellings and rear gardens of Kipling Road. The site includes the existing HCC Waste site (which is to be relocated) and the former site of the Southampton and District Motorcycle Club, British Red Cross, Air Cadets and Girl Guides and includes some mature, protected trees.

2. Woodside Avenue is a dual carriageway in this locality and serves

commercial developments to the west (Channon Retail Park) and north (Boyatt Wood). The railway to the north carries an hourly service during the daytime and less frequent passenger and freight trains at night, but is a source of noise and vibration. The site and adjacent cemetery extension area are known to contain slow-worms, a protected species.

Description of application 3. The outline application only seeks the means of access to be

considered in detail. All other matters relating to layout, scale, appearance and landscaping are to be considered at the later reserved matters stage and thus plans indicating these elements are indicative only, serving to demonstrate how the 94 dwellings and public open space as described in the application could be accommodated.

4. Outline applications allow for a decision on the general principles of

how a site can be developed. They are typically used where applicants are looking for formal agreement about the amount and nature of development that can take place on a site prior to preparing detailed proposals. An indicative plan showing how the amount of development proposed would be distributed across the site is submitted. The indicative layout demonstrates that the amount of new development can be satisfactorily accommodated on the site. The plan shows the 94 dwellings units of mixed size and including flats and houses with a range of 2-3 storeys in height. Dwellings are shown to be side on to the existing rear gardens of Kipling Road properties and would also surround the area of public open space. The layout is informed by the visual and physical connections needed through the site, particularly to the allotments and to Kipling Road (pedestrian cycle link only).

5. Landscaping is also shown indicatively, to include the provision of a 2m

wide buffer planting strip on the boundaries with the allotments and cemetery.

Access 6. A 4-way traffic controlled junction with Woodside Avenue, opposite the

access road for Channon Retail Park and Judd Close is proposed, with all other vehicular access points to be closed off. This access would be a shared access for both the residential and commercial uses within the

whole of the site. A pedestrian/cycle link to Kipling Road and to provide a link to the retained allotments is now already provided. The retained allotments would have vehicular access and egress from the residential area.

7. Although it is envisaged that this development will take place only once

the existing household waste facility has been relocated, the scheme has been designed so as to accommodate the impacts of the centre should its relocation be delayed for any reason. Space has been allowed for a buffer area of landscaping between the proposed housing and the Waste Recycling Centre. However, a Grampian condition is recommended to prevent the development from proceeding in advance of the relocation of the recycling centre to try to ensure that the two uses do not, even temporarily, coexist. This would avoid the need for two vehicular accesses onto Woodside Avenue.

8. The proposals include the Council’s target figure of 35% affordable

housing (33 units). The exact location, mix and tenure of the affordable housing would be subject to discussions with the chosen Registered Social Landlord, who are the applicants, First Wessex.

9. Supporting documents submitted with the application include a Design

and Access Statement; Planning Statement; Transport Assessment and Travel Plan Framework; site survey; tree survey and Arboricultural Impact Assessment; contaminated land report; noise assessment; air quality assessment, ecological appraisal and biodiversity checklist; flood risk assessment; sustainability statement; and utilities information.

Relevant planning history

• Development Brief adopted 2004

• Site allocated for housing in Eastleigh Borough Local Plan Review (2001-2011) 2006

• Revised Development Brief Adopted 2009, which has subsequently been updated

• Outline planning applications for 89 dwellings (O/09/66188) and Class B1b commercial development (O/09/66323) received a resolution to grant permission at Eastleigh Local Area Committee on 28.1.2010.

10. In addition to pre-application discussions with officers, the applicants held a public consultation event in October 2013. A total of 29 local residents attended this event with comments focussing on the following issues: - Traffic and congestion - Impact on local facilities and services - Impact on neighbouring properties

- Loss of views - Impact on wildlife - Character of the area - Impact on local car parking - Impact during construction

Representations received to the application 11. 5 objections have been received on the grounds of:

• Potential impact of new residents parking in Kipling Road and using pedestrian access adjacent no. 51. Parking permits suggested.

• Loss of unofficial right of way used by Kipling Road residents

• Would like provision of service road to rear of Kipling Road

• Assurance sought regarding relocation of slow worms

• Single vehicular access (effectively cul-de-sac) goes against principles of good urban design. Preference of central open space option and no link to cemetery.

• New residents may use Kipling Road as rat run

• New access needs safe crossing provision for pedestrians and cyclists.

• Preference for further allotment provision to rear of Kipling Road properties

• Traffic impact

• Too many houses for the site, overdevelopment

• Will result in increased noise/light pollution, detrimental impact to health/safety of existing residents

• Loss of amenity resulting from overlooking/design of new properties

• Brick wall proposed in original development brief should be constructed, to protect privacy and amenity of existing residents

Consultation responses 12. Head of Regeneration and Planning Policy – the NPPF provides

over-arching planning guidance and stating a presumption in favour of sustainable development and "widening the choice of high quality homes". At paragraph 47. the NPPF requires LPAs to identify and update annually a supply of specific deliverable sites sufficient to provide a 5 year supply of housing. At paragraph 49 the NPPF states that "housing applications should be considered in the context of the presumption in favour of sustainable development" At section 7 of the NPPF it states that "Good design is a key aspect of sustainable development". From the material submitted the proposal is substantially policy compliant with both the Eastleigh Local Plan Review 2001 - 11 and the revised draft Eastleigh Borough Local Plan 2011- 2029 and the supplementary planning guidance prepared. Overall the indicative layout responds very well to the principles set out in the brief

(taking into account the 2013 amendments) .Although the earlier expectation set out in the brief was to achieve a greater physical separation between the rear of existing dwellings on Kipling Road and new houses, the proposed solution avoids problems with privacy between existing and new upper floor windows, overshadowing and any adverse impact from overbearing vertical blank walls and in my view is acceptable . First impressions of the development will be largely based on the treatment of the vehicular access and the street leading into the site. As shown, the character of the street would be influenced by the 3 street trees illustrated which would need to be of a good size. As shown they are likely to be too close to the adjoining buildings, so detailed proposals will need to be adjusted to accommodate this change. Access is the only matter for detailed consideration at this stage. As illustrated the main access point is necessarily substantial, representing a transition from a major road to a residential environment and is presented as a very utilitarian engineering solution. The use of standard blacktop across the whole area including the road/cycleway and footway crossing points would be harsh. Picking up and highlighting the pedestrian and cycleway crossing in a contrasting material and breaking down the impact of this junction would be beneficial. The submission of appropriate design details could possibly be conditioned. Assuming the access detail can be resolved I have no objection to the outline proposals.

13. Head of Housing and Environmental Health – No objection subject to conditions in respect of noise, vibration, land contamination, and air quality management measures including monitoring contributions. Advise that noise impacts will influence final layout and design of scheme

14. Head of Transportation and Engineering – No objection subject to

parking restrictions possibly extending into Kipling Road. Refuse vehicle tracking will need to be shown on final layout and footway/cycleway along full length of Woodside Avenue frontage. Comments given relating to detailed design.

15. County Archaeologist – No objection. There are no known

archaeological finds on or around the site. However, there has not been any investigation on the site, so a condition requiring the applicant to secure the implementation of a programme of archaeological work to be submitted and approved to the LPA is recommended, to include an archaeological trenched evaluation.

16. County Director of Environment (Transport) – No highway objection

subject to existing access to Household Waste Recycling Centre being first closed off and use ceasing; a travel plan; off-site works to include the incorporation of the new vehicular access into the existing traffic signals on Woodside Avenue (including the provision of pedestrian and cycle phases) and junction improvements at the Leigh Road/Passfield

Avenue/Woodside Avenue traffic signal junctions including the implementation of a formalised pedestrian crossing phase; and planning obligations for local transport improvements (to include provision of a cycle route along Leigh Road, pedestrian crossing junction/shared cycleway on the east side of Woodside Avenue and Eastleigh Town Access Plan multi modal town access improvements). A Section 278 agreement will be required and will restrict occupation until the works have been carried out.

17. Highways Agency – No objection.

18. Head of Countryside and Trees – No objection subject to the

implementation of the mitigation and enhancement proposals set out in the submitted Ecological Assessment report and conditions relating to reptile translocation, protection of ecological features during construction and landscape management, and arboricultural report and method statement.

19. Environment Agency – No comments 20. Natural England – use of NE standing advice concludes no objection

subject to mitigation.

21. Crime Prevention Design Advisor – Comments given relating to detailed design requirements, in particular Secure by Design. (can be considered at reserved matters stage)

22. Head of Housing Services – No objection. Development should

include 35% affordable housing (33 homes) in line with our adopted Affordable Housing SPD with mix to be discussed. Affordable homes must be built to Lifetime Homes and Homes and Communities Agencies Standards and 1 unit to be built to wheelchair accessible standards. Affordable housing should be pepper-potted in clusters of no more than 10-15 units.

23. Southern Water Services – comments awaited. 24. Head of Direct Services – No objection subject to compliance with

SPD standards for refuse storage and collection. 25. Network Rail – no comments received. 26. County Children’s Services – No objection subject to contributions

towards additional primary education required. 27. Parks and Open Space Manager – Public open space should be

central to scheme with minimum LEAP are of 400sqm and semi-overlooked. S106 agreement commuted maintenance and adoption terms advised.

28. Southampton Airport – No objection. Assessment of proposal: Development Plan and/or legislative background 29. The statutory Development Plan comprises the current adopted plans:

the saved policies of the Eastleigh Borough Local Plan Review 2001-2011 (adopted 2006) and the Hampshire Minerals and Waste Plan (adopted 2013).

Eastleigh Borough Local Plan Review 2001-2011 (“saved policies”) 30. This site is an allocated housing site, within the current adopted Local

Plan 2001-2011. The most relevant saved policies are as follows:-

• 20.CO – landscape improvements

• 23.NC - protects Sites of Importance for Nature Conservation from harm, unless the benefits of the development clearly outweigh the need to safeguard the nature conservation value of the site.

• 25.NC- Promotion of biodiversity unless benefits of development outweigh the adverse impacts and that the impacts are unavoidable and that mitigation measures are proposed.

• 30.ES – Requires refusal of noise sensitive development where exposed to unacceptable levels of noise

• 31.ES – Requires appropriate design, layout and sound insulation where permission is granted in above circumstances.

• 35.ES – Requires sufficient information to demonstrate that contaminated land can be appropriately remediated for the use proposed and that the risk of pollution to controlled waters is minimised

• 59.BE requires high standards of good design in new developments, including taking full and proper account of the context of the site.

• 74.H – Affordable housing.

• 100.T – Requires development to be well served by sustainable forms of transport, to provide measures to minimize impact on the network, minimize travel demand, provide a choice of transport mode and submit a transport assessment for large proposals.

• 101.T - Road Traffic Reduction Act 1997 targets – if exceeded requires the need for the development to be justified; for the development to provide contributions towards sustainable transport.

• 102.T – Requires new development to provide safe accesses that do not have adverse environmental implications and are to adoptable standard.

• 146.OS – Requires proposal which would have a detrimental impact on the green network to be refused and contributions from adjoining development proposals to be sought to enhance the environment.

• 147.OS – Requires on site provision of public open space.

• 151.OS – seeks retention of allotments sites which are identified as such on the Proposals Map unless the allotments are replaced prior

to the commencement of development by allotments of equivalent or better quality and quantity in suitable locations, conveniently accessible for plot holders, including those who need to be relocated. Paragraph 9.35 below this policy states the only exceptions to policy may be at the eastern end of the Woodside Avenue allotments and at Ramalley allotments, Chandlers Ford, which have been safeguarded as possible cemetery extension.

• 165.TA – Percent for art

• 168.LB – Archaeological evaluation

• 177.LB – Protection of historic parks and gardens

• 190.IN – requires development only to be permitted where adequate services and infrastructure are available or can be provided.

• 191.IN – requires appropriate proposals to be permitted provided that arrangements have been made to either provide or contribute towards essential infrastructure.

Designations applicable to the application site

• Allocated for residential and commercial development (Policy 79.H)

• Within urban edge

• The Eastleigh Borough Local Plan Review 2001-2011 must be

regarded as out-of-date with limited weight and more weight should

be given to the NPPF.

• Hampshire Minerals and Waste Plan 2013- The application site

does not lie within a Minerals Safeguarding Area.

• Revised Draft Eastleigh Borough Local Plan Review (2011-

2029) – a material consideration of limited weight due to the fact

that it has yet to undergo examination and is not yet adopted.

Strategic policies

• S1 – sustainable development

• S2 – promotion of new development

• S3 – housing locations (including this site)

• S5 – green infrastructure

• S6 – community facilities

• S7 - transport infrastructure

• S8 – footpath, cycleway, bridleway links

• S9 - countryside and countryside gaps

• S11 – nature conservation

• S12 – heritage assets Development Management Policies

• DM1 – criteria for new development

• DM2 – environmentally sustainable development

• DM3 – low carbon energy

• DM6 – sustainable surface water management

• DM7 – pollution

• DM8 – Public utilities and communications

• DM9 - biodiversity protection

• DM15 – Protection of best and most valuable agricultural land

• DM23 – Transport – general development criteria

• DM24 – parking

• DM25 – residential development in urban areas

• DM28 – affordable housing

• DM29 – minimum internal space standards

• DM32 – provision of recreation and open space facilities with new development

• DM33 – new and enhanced recreation and open space facilities, allotments and community farms

• DM35 – community, leisure and social facilities

• DM37 – funding infrastructure

Site specific Policies

• Policy E3 allocates the application site for residential development for approximately 80-100 dwellings.

Supplementary Planning Documents (Material Planning Consideration)

• Environmentally sustainable development (March 2009)

• Quality Places (November 2011)

• Residential Parking Standards (January 2009)

• Affordable Housing (July 2009)

• Housing Mix (February 2003)

• Planning Obligations (July 2008, updated 2010)

• Landscape Character Assessment

Development Briefs (Material Planning Consideration)

• Land North of Kipling Road, Woodside Avenue, Eastleigh Development Brief (adopted April 2009)

National Planning Policy Framework (NPPF) (Material Planning Consideration)

• The NPPF, published in March 2012, replaced the majority of previous national policy documents (Planning Policy Guidance and Planning Policy Statements) and constitutes a significant material consideration which must be taken into account. The NPPF sets a presumption in favour of sustainable development, a so-called

“golden thread” running through the NPPF policies. For decisions on planning applications this means approving development proposals which accord with the Development Plan without delay; or where the development plan is absent, silent, or relevant policies are out-of-date granting planning permission unless the adverse impacts of the development would outweigh the benefits, or specific policies in the Framework indicate development should be restricted.

• The transitional period provided by the NPPF has now come to an end which means that local plan policies that do not accord with the NPPF are now deemed to be “out-of-date”. The NPPF requires that due weight should be given to relevant policies in existing plans according to their degree of consistency with the NPPF. In other words, the closer the policies in the plan accord to the policies in the Framework, the greater the weight that may be given.

• Relevant paragraphs in the NPPF include the following:- o Para. 6 – purpose of planning system is to deliver sustainable

development o Para. 7 – three dimensions of sustainability to be sought jointly –

economic (supporting economy and ensuring land availability), social (providing housing, creating high quality environment with accessible local services); environmental (contributing to, protecting and enhancing natural, built and historic environment).

o Para. 10 – plans and decisions need to take local circumstances into account, so they respond to the different opportunities for achieving sustainable development in different areas.

o Para. 14 – presumption in favour of sustainable development. o Para. 17 – sets out 12 core planning principles, including

principle that planning should be plan-led and not just about scrutiny but a creative exercise to improve and enhance places in which people live, to proactively drive sustainable economic development, to seek high quality design, support low carbon technologies, promote mixed use, manage patterns of growth and deliver sufficient community and cultural facilities.

o Para. 30 – encouragement should be given to solutions which support reductions in greenhouse gas emissions and reduce congestion.

o Para. 32 – all large development to be accompanied by a transport assessment – development only refused if cumulative impacts are severe.

o Para. 34 – development that creates significant movement should be located where the need to travel will be minimised and use of sustainable modes of transport can be maximised.

o Para. 36. All developments that generate significant amounts of movement should be required to provide a Travel Plan.

o Para. 47 – local plans to boost supply of housing to meet needs of market and affordable housing; to identify key sites which are

critical to the delivery of the housing strategy, identify and update specific deliverable sites to provide five years supply of housing.

o Para. 49 – housing applications to be considered in the context of the presumption in favour of sustainable development. Policies for the supply of housing should not be considered up-to-date if the LPA cannot demonstrate a five year supply of deliverable housing sites.

o Para. 52 – supply of new homes sometimes best delivered through planning for larger scale development. LPA’s should consider such opportunities and whether they provide the best way of achieving sustainable development.

o Para. 56 – requirement for good design. o Para. 58 – policies and decisions should aim to ensure

developments establish a strong sense of place; optimise the potential of the site; respond to local character and history; create safe and accessible environments; are visually attractive as result of good architecture and appropriate landscaping.

o Para. 60 – policies and decisions should not attempt to impose architectural styles or particular tastes. It is proper to seek to promote or reinforce local distinctiveness.

o Para. 61 – securing high quality and inclusive design goes beyond aesthetic considerations. Planning decisions should address the connections between people and places and the integration of new development into the natural built and historic environment

o Para 69 – decisions should aim to achieve places which promote meetings between members of the community, safe and accessible environments and developments containing clear and legible pedestrian routes, high quality public space which encourages the active and continual use of public areas.

o Para. 70 – decisions should plan for the provision and use of shared space, community facilities etc. and ensure an integrated approach to the location of housing and other uses.

o Para. 72 – local planning authorities should take a proactive, positive and collaborative approach to meeting the Government’s requirement to ensure a sufficient choice of school places is available to meet the needs of existing and new communities.

o Para.73 – Access to high quality open spaces and opportunities for sport and recreation can make an important contribution to the health and well-being of communities. Information gained from assessments should determine what open space, sports and recreational provision is needed.

o Para. 103 – ensure flood risk is not increased elsewhere. o Para. 109 – seeks to minimise impacts on biodiversity and

protect unacceptable levels of soil, air, water or noise pollution and remediating contaminated land where appropriate.

o Para. 118 - decision should aim to conserve and enhance biodiversity. If significant harm cannot be avoided, mitigated or compensated for, then planning permission should be refused. If

development is likely to have an adverse effect on an SSSI, an exception should only be made where the benefits clearly outweigh the impacts. Opportunities to incorporate biodiversity in and around development should be encouraged. Permission should be refused for proposals resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland unless the need for and benefits of development clearly outweigh the loss.

o Para. 120 – Decisions should ensure that sites are suitable for its new use taking into account ground conditions, any pollution from former activities and any pollution to general amenity.

o Para. 121 – ensure site is suitable for its new use in terms of ground conditions, land stability etc.

o Para. 123 – avoid, mitigate and reduce noise which gives rise to significant adverse impacts on health and quality of life.

o Para. 124 – planning policies should sustain compliance with and contribute towards EU limit values or national objectives for pollutants, taking into account AQMAs and the cumulative impacts on air quality from individual sites in local areas. Planning decisions should ensure that any new development in AQMAs is consistent with the local air quality action plan.

o Para. 126 – positive strategy for the conservation and enjoyment of the historic environment.

o Para. 128 – where a site on which development is proposed includes or has the potential to include heritage assets with archaeological interest, local planning authorities should require developers to submit an appropriate desk-based assessment, and where necessary a field evaluation.

o Para 137 – Local Planning Authorities should look for opportunities for new development within the setting of heritage assets to enhance or better reveal their significance. Proposals that preserve those elements of the setting that make a positive contribution to or better reveal the significance of the asset should be treated favourably

o Para. 192 – The right information is crucial to good decision-taking, particularly where formal assessments are required (such as EIA/HRA/FRA).

o Para 203 - LPAs should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations.

o Para 204 – obligations should only be sought where they are necessary, directly related, related fairly and reasonably in scale and kind to the development.

o Para 216 - decision-takers can give weight to relevant policies in emerging plans according to the stage of preparation, the extent to which there are unresolved objections to relevant policies and the degree of consistency to the relevant policies in the emerging plan to the policies in the NPPF.

National Planning Practice Guidance (Beta)

• This draft guidance where it is material is of limited weight. However advice is given with regard to the consideration of certain planning issues.

• Transport – supports the provision of Transport Assessments where a Local Planning Authority makes a judgement as to whether a proposal would generate significant amounts of movement.

• Design – Good quality design is an integral part of sustainable development. Achieving good design is about creating places, buildings or spaces that work well for everyone, look good, will last well and adapt for the needs of future generations. Good design responds in a practical and creative way to both the function an identity of a place. It puts land, water, drainage, energy, community, economic, infrastructure and other such resources to the best possible use over the long as well as the short term.

• Contamination – With outline applications, Local Planning Authorities need to be satisfied that they understand the contaminated condition of the site and that the development proposed is appropriate as a means of remediation and it has sufficient information to be confident that it will be able to grant permission in full at a later stage bearing in mind the need for the necessary remediation to be viable and practicable.

• Biodiversity – Local Planning Authorities should take into consideration various publications when taking biodiversity into account and should look for net gains. Sufficient information should be sought through ecological surveys etc.

• Water quality – advice given re the EU Water Framework Directive and the requirement to, amongst other things, prevent deterioration of aquatic ecosystems and protect, enhance and restore water bodies to ‘good’ status.

• Noise – potential noise impact needs to be addressed and opportunities taken to achieve improvements to the acoustic environment to ensure no unacceptably adverse impact.

Assessment of Proposal

31. Section 38 (6) of the Planning and Compulsory Purchase Act 2004

states : “If regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise”.

32. The development plan in this case comprises the saved policies of the Eastleigh Borough Local Plan Review 2001-2011, and the Hampshire

Minerals and Waste Plan (adopted October 2013). The emerging Eastleigh Local Plan 2011-2019 is a draft document and cannot be afforded significant weight at this stage. In terms of “other planning considerations”, the National Planning Policy Framework constitutes a very significant material consideration.

Principle of development 33. The debate regarding the loss of allotment land (either statutory or non-

statutory) was fully considered at the Public Inquiry into the Local Plan, with the Inspector concluding: “even though it is not yet clear whether the demand for allotments sites would be met satisfactorily by the replacement facilities being developed by the Council, I do not consider that this is a good enough reason to reject the proposed allocation of this site. In some cases a balance has to be found between competing objectives. In my view the pressing need to identify sites for new housing in sustainable locations in the Borough outweighs any advantages of retaining the current level of provision at Woodside Avenue and leads me to conclude that development on the existing allotments should be accepted in principle.”

34. The site is allocated in the Development Plan under Policy 79.H of the adopted Eastleigh Borough Local Plan Review for redevelopment in mixed usage, with housing on the allotments area and development for employment purposes on the community buildings area adjacent the Woodside Avenue frontage. The allocated area includes the statutory allotments area in the north-eastern corner, which are not proposed to be redeveloped, and the County Waste Recycling Centre. The principle of the redevelopment of the site is therefore established by the adopted Development Plan.

35. Policy 79.H has seven criteria against which this outline application is to

be assessed which will be considered below. In addition, the adopted Development Brief for the site also gives guidance against which the outline and detailed proposals must be assessed.

Policy 79.H Criteria i: development being for mixed residential and employment use. It is anticipated that the site will accommodate approximately 100 dwellings 36. The previous commercial proposals resulted in little interest from

potential developers and the proposals are now purely for residential development. An area of allotments has been retained, which was not specifically envisaged by Policy 79.H. This is in response to the allotment issues raised and assists in meeting criteria v of this policy.

Policy 79.H Criteria ii: an area of land at the western end of the site will be reserved for class B1 (b) and (c) business uses.

37. This criterion is now considered to be out of date. Policy 79.H Criteria iii: vehicular access will be from Woodside Avenue only 38. The only point of vehicular access is from Woodside Avenue. This is

the only detailed matter for consideration under this outline application and further comments on this matter are detailed below.

Policy 79.H Criteria iv: particular care will need to be taken to ensure satisfactory relationships between development and the railway line and between housing and employment areas. In this regard acoustic surveys will need to establish any remediation measures. 39. An acoustic and vibration report has been submitted with the

application and this has influenced the indicative layout, orientation and design of dwellings shown. The report concludes that road traffic noise is more dominant on the south side of the site and railway noise is more dominant on the north side of the site near the railway line. It advises that the site is suitable for residential development although some consideration will need to be given to the detailed design of the development to allow satisfactory internal levels of noise within habitable rooms of residential units and also to avoid noise complaints about the existing civic amenity centre. The maximum noise levels from night-time trains may be a deciding factor as to how close to the northern boundary residential properties can be built. No indication was found of excessive vibration levels on the site. Noise levels in garden and public amenity spaces are generally likely to be satisfactory.

40. When the site plans are developed, a further detailed noise analysis

should be undertaken to ensure that the design layout is optimised to minimise noise impacts. In particular, as multi-storey development is being proposed for the site, noise at elevated levels/facades should be fully considered, especially for properties by the railway line and the civic amenity centre.

Policy 79.H Criteria v: development will not commence until suitable replacement allotments have been provided and are ready for occupation 41. This criterion is also reflected in the specific policy for development on

allotments (151.OS) which also requires replacement allotments provision of equivalent or better quality and quantity in suitable locations, conveniently accessible for plot holders, including those who need to be relocated.

42. Suitable replacement allotments are considered to be both new or

existing plots and not a like for like replacement numerically in terms of site area or plot numbers.

43. The Council has provided new allotments on land at:

i. Chestnut Avenue, Eastleigh (78 plots), ii. Broomhill, (Boyatt Lane) Eastleigh (105 plots), iii. Lakeside, Eastleigh (80 plots), iv. New Monks Way, Eastleigh (24 plots), and v. Eagle Close, Chandlers Ford (33 plots)

44. In addition, the statutory allotment site at Woodside Avenue (enjoying

permanent protection under the law) is being retained (47 plots). It is considered that criterion v of policy 79.H has been satisfied.

Policy 79.H Criteria vi: financial contributions will be required, to improve education provision in the locality; to improve accessibility between the site and the Town Centre; for recreation and public transport facilities; to undertake improvements to public open space provision at Brookwood Avenue Cemetery and for local environmental improvements. 45. Financial contributions and works would be secured through a legal

agreement and the obligations are in accordance with policy and guidance. In addition, public art on site and air quality management measures would be secured.

Policy 79.H Criteria vii: the Council’s target for 35% of the dwellings on this site to be affordable. 46. Policy 74.H of the adopted Local Plan also seeks a target of 35% of

affordable housing on sites capable of accommodating 15 or more dwellings. This is justified due to the high level of housing need in the Borough. It is proposed on this site that 35% of the dwellings (33 no.) would be affordable (provided by a Registered Social Landlord) with an agreed mix of house types and sizes. It is also a requirement that Lifetime Homes standards are met. The affordable housing provision which can be delivered by the development of the Woodside site is a significant planning consideration.

47. Furthermore, the site is also allocated in the revised draft Eastleigh Borough Local Plan 2011-2029 under Policy E3: An area of 3.3 hectares off Woodside Avenue, Eastleigh, as defined on the policies map, allocated for approximately 80-100 dwellings. Detailed development criteria for the site are set out in a development brief adopted by the Council in April 2009, as amended. Development proposals should be in accordance with the requirements of that brief unless it is subsequently revised and approved by the Council. Any development should address the following requirements: i) vehicular access to the site is provided from Woodside Avenue only;

ii) residential development is restricted at the western end of the site with the minimum set back from Woodside Avenue necessary to limit the impact of traffic noise and air pollution; iii) provision should be made for on-site public open space including a play area; iv) improvements to highway junctions including Leigh Road/Woodside Avenue; v) retention of trees protected by tree preservation orders; vi) measures to mitigate the biodiversity impact of development vii) a need to take into account the amenities of adjoining residential occupiers to the south of the site and the proximity of the railway line to the north; viii) provision of footpath and cycleway links to improve the accessibility of the site to Eastleigh town centre.

The Principle of Development – the use of the land for housing 48. With respect to housing land and supply, the adopted Local Plan

policies relating to housing are not considered up-to-date. The NPPF advises that in this situation planning permission should be granted for sustainable development unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the NPPF as a whole, or unless specific policies indicated that development should be restricted. (NPPF para. 14). Where sufficient brownfield sites for such housing cannot be delivered (as is the case with Eastleigh Borough) this generally means that Policy 1.CO of the adopted Eastleigh Borough Local Plan protecting countryside is outweighed by the presumption in favour of sustainable development. Approximately 40% of the Borough’s housing land will be on brownfield sites, including the Woodside Avenue site.

49. Eastleigh Borough Council is in the early stages of adopting a new Local Plan which is currently at revised draft consultation stage. In this plan the site is identified as a future housing site. However this plan carries little weight as it is in the early stages of the adoption process and is likely to be subject to objections.

50. The need for a housing supply flow weighs significantly in favour of the

principle of granting planning permission for the development on this site. However against this it is necessary to weigh any adverse impacts to understand whether they are sufficient to tip the scales against the granting planning permission. Of note is that the prematurity argument has carried very little, if any, weight in recent appeal cases considered similar issues.

51. The main planning issues pertinent to this application are as follows –

• Whether the development is sustainable development

• Housing supply and whether the need for this and other benefits from the development outweigh:

• Traffic impacts

• Infrastructure impacts including transport, education and health

• Noise and contamination issues

• Impact on ecology

• Drainage impacts and Flood Risk

52. Site deliverability and capacity and planning obligations are also relevant.

The Principle of Development – sustainability 53. The NPPF advises on the three strands to sustainability:

economy/environment/social and it is the combination of these which can make a site sustainable in planning terms. Clearly geographical location is key as a remote and poorly served site without good non-car options for travel or requiring the need to travel long distances would render a site unsustainable in transport terms. The application site’s close proximity to Eastleigh town centre and its transport links lead to the view that the site is sustainable, particularly if also considering the retained allotment provision and opportunity to provide locally produced food (advocated by the NPPF in support of healthy communities) and the high level of environmental sustainability proposed (see below). The construction jobs from the development, although not long term, would also assist the local economy.

54. The adopted Development Brief and Environmentally Sustainable Development SPD (supported by Development Plan policy) seek development on the site to be exemplary in respect of environmental sustainability, and all residential properties are required to achieve at least Code for Sustainable Homes Level 4 certification at the design and post-construction stages. The indicative information submitted meets this requirement and the layout maximises use of solar heat gain and makes provision for sustainable drainage and appropriate landscaping. Although conditions are recommended at this stage, the full assessment of the sustainable design will be at the reserved matters stage when detailed designs and siting positions of properties are known.

55. In addition, the development is proposed to meet BREEAM

Communities Excellent standard which would ensure it is exemplary in all aspects of sustainable development, including environmental, social and economic provisions

The Principle of Development - The illustrative masterplan and amount of development. 56. As stated above, this is an outline application and detailed matters such

as external appearance and layout are reserved for subsequent

approval as part of a subsequent reserved matters application. Notwithstanding this, it is necessary as part of this application to assess in general terms whether the quantity of development can be adequately accommodated on the site.

57. The application states that 0.22 ha of the 2.5ha residential site would comprise public open space, leaving 2.28ha of the site for the residential development. If the maximum number of units suggested in the supporting information are constructed (i.e. 94 units), this would amount to a density of 42 dwellings/ha which is within the normal range for this type of residential development and complies with the Council’s policy on housing density.

58. The indicative layout now submitted shows in broad terms how this

number of dwellings could be accommodated and demonstrates that the site has capacity for up to 94 units. The detailed layout is not, however, a matter for consideration with this outline application.

Housing mix, deliverability and affordable housing 59. The application is in outline and the supporting information confirms

that a range of house types, sizes and tenures would be provided, including 35% affordable housing in accordance with Council policies 73.H and DM35. The proposals are supported by the Head of Housing who advises that as at 1st August 2013 there were 4178 applicants in the urgent and high priority bands on Eastleigh Homechoice (note that due holding off annual reviews in preparation to the merger into Hampshire Homechoice, this figure is likely to be inflated). The contribution from the development of 30 affordable homes in the short term is clearly a benefit which should be given significant weight.

60. Although in outline, it is reasonable to assume, and indeed require based on the lack of current housing supply in the Borough, that development would commence within 18 months. Therefore, the proposed housing, which could start to be delivered in 2015, would assist with the urgent housing needs within the Borough.

Access proposals, traffic impact and sustainable modes of transport

61. The site is sustainably located in terms of existing facilities and amenities, being approximately 10 minutes’ walk from Eastleigh Town Centre and close to other retail and leisure facilities.

62. The proposed vehicular accesses off Woodside Avenue would provide appropriate and safe access and egress, complying with Policy 102.T. It would form part of an improved 4-way signalised junction with a pedestrian/cyclist phase. The details of this, and also proposals to upgrade the Leigh Road/Woodside Avenue/Passfield Avenue traffic light controlled junction are included within the supporting Transport Assessment. These would enable the additional traffic resulting from

the development to be safely accommodated on the immediate highway network without reducing overall highway capacity. The provision of these junction improvement works are a pre-requisite of the development’s approval by the Highways Agency and Hampshire County Council and will be required under a Section 278 agreement.

63. A substantial amount of the local objection to the proposals relates to

concerns regarding traffic generation from the development and the ability of the existing road network to accommodate this traffic without resulting in further congestion and queuing.

64. The data/modelling within the application Transport Assessment

concludes that the estimated additional 55-59 vehicle trips in each AM and PM peak hour (0800-0900 and 1700 to 1800) and a total ‘worse case’ net increase of 505 daily trips would result in only minor cumulative impact on the surrounding highway network, for which mitigation is proposed.

65. Transport improvements and mitigation would be in the form of:

• a Travel Plan for the site, which would deliver sustainable travel options and would be reviewed and monitored; and

• Transport Developer Contributions in accordance with the HCC Transport Contributions Policy. These contributions would be allocated to schemes in the local vicinity including cycleway works to the north and south in Woodside Avenue in addition to the footpath link to Kipling Road which has already been provided. These would ensure compliance with Policies 101.T and 103.T.

66. Detailed parking proposals and the internal layout are a matter for

reserved matters consideration, but the indicative plans show that 94 dwelling units with parking in excess of the standards required in the Council’s Residential Parking Standards SPD can be met (189 spaces). The Head of Transportation and Engineering has sought provision for a Road Traffic Order to prevent overspill parking near the site entrance, which would be potentially dangerous. There would also be sufficient space for vehicles accessing and servicing the retained allotments. The final layout will be expected to meet Manual for Streets guidance which will require a low-speed design.

67. The site is in a sustainable location in transport terms and sustainability

is a key driver of Government and Development Plan policy. The transport requirements of the NPPF, saved and emerging Development Plan policies and the Development Brief can therefore be met.

Land North of Kipling Road, Woodside Avenue Development Brief 68. The criteria contained in this adopted Brief which guides development

on the site are a material planning consideration insofar as they relate

to an outline application with the specific layout and design of buildings and spaces reserved.

Character and appearance of the area 69. The Brief seeks the provision of a development which creates its own

identity whilst taking close account of the characteristics and context of the site. The indicative information submitted indicates a strong character can be achieved with a distinctive and attractive area of open space.

Continuity and Enclosure 70. The indicative information shows good public open space enclosure

and surveillance appropriate buffer planting adjacent to the cemetery and retained allotments.

Quality of the Public Realm/Legibility 71. This will be assessed in any reserved matters application, although

provision for public art will be a planning obligation requirement established at this outline stage.

Environmental Health 72. The environmental constraints affecting the site are those of noise

(railway, road traffic, adjoining recycling centre and proposed commercial uses adjacent); vibration (railway and construction); dust (construction); and air quality (construction, road traffic and nearby Eastleigh Air Quality Management Area). The noise assessment shows that the site should be treated as being in Noise Exposure categories B and C and as such, noise mitigation measures are required.

73. Land contamination is also a consideration, particularly in respect of the household waste amenity centre part of the site. The environmental constraints have been addressed through the supporting information submitted with the application and consideration of these by the Head of Environmental Health. Conditions are recommended to ensure the appropriate design of dwellings and mitigation against potential impacts. In addition, the development is required to contribute towards air sampling and modelling for the nearby Eastleigh Air Quality Management Area.

74. The conditions now also prevent the development proceeding in

advance of the relocation of the household waste recycling centre. As detailed in above, the noise report has informed the indicative layout and further information will be required for any reserved matters application.

Public Open Space and Landscape

75. The Brief requirement for a single, significant area of public open space

is met through the proposals and recommended planning obligation commitments. The indicative location shows it in an accessible and overlooked location and it would include an equipped children’s play area. As well as on-site provision, there is a requirement for off-site improvements to existing public open space in order that the needs of the future residents of the site can be fully met in accordance with saved Policy 147.OS of the EBLP Review.

76. Trees on the Woodside Avenue frontage which are protected by Tree

Preservation Orders or are worthy of retention, and railway embankment trees and those on adjoining sites must be safeguarded and appropriate conditions are recommended. The reserved matters scheme will be expected to include a high quality landscape scheme which will include new tree planting.

Community Safety 77. The development as a whole is required by the Brief to be designed to

meet Secured by Design Certification. Whilst this is for the most part a consideration for any reserved matters application, should a rear access be provided for existing Kipling Road properties, the Secure by Design Certification would not be achievable. This was a debate undertaken during the development brief process where it was decided that, on balance, the need for community safety outweighed the desire of residents to retain the use of their rear accesses. There are no legal rights of rear access given in the land registry documents for Kipling Road properties.

78. The indicative plans show that other aspects of community safety,

including natural surveillance of the open space, can be provided.

Drainage / Impact on Infrastructure 79. There is currently inadequate capacity in the sewer system if the

development is served by the nearest connection in Woodside Avenue. There would therefore be a need for further works to provide increased capacity. Southern Water has confirmed that the most appropriate solution for improvements would require 47 metres of sewer to be upsized along Passfield Avenue in the vicinity of Locksley Road. Sustainable drainage for surface water is proposed on site as required by the Sustainability SPD.

Residential Amenity 80. The indicative plans show the siting of new dwellings a sufficient

distance away from the rear windows of Kipling Road dwellings so as to

avoid undue loss of privacy as a result of back-to-back distances and building height. They also indicate that the internal layout can be designed to accommodate 94 dwellings and provide sufficient amenity and privacy for new residents. The dwellings can also be designed to respect the privacy and quiet amenity needed for cemetery visitors. This is in accordance with Policy 59.BE of the EBLP Review, the Council’s Quality Places SPD and the objectives set down in the Development Brief.

Education 81. The County Education Officer has confirmed that there is no spare

capacity in primary schools in the central part of Eastleigh and therefore contributions are required towards the cost of additional provision.

Biodiversity 82. The application is accompanied by an ecological appraisal and

biodiversity checklist which ensure that the site has been fully assessed in respect of protected species and the Council’s biodiversity objectives and advice in the NPPF. There are slow-worms on the site, which are a protected species, and a scheme for their collection and translocation to a new site has been confirmed as an acceptable way of ensuring their protection. This is in addition to a 2m wide wildlife buffer strip between the site and the allotments and cemetery, and a buffer on the north side adjacent to the Oak trees. These would assist in the provision of a landscape corridor and habitat for wildlife, including slow-worms.

83. Bats also use or cross the site (particularly the Oak trees on the

adjoining railway embankment) to forage, but there is no evidence of roosts on the site. The Oak trees will remain and these are considered to be of local importance as a habitat. The allotments themselves are also considered to be of local importance as a habitat for birds, although no protected species have been sighted. There are no identified impacts likely on the internationally important River Itchen SAC/SSSI.

84. With the implementation of the recommended mitigation measures to

avoid, reduce and offset potential effects of the development proposed, the likely residual effects on protected species is considered to be insignificant by Natural England and the Head of Countryside and Trees.

Lifetime Homes 85. Although not a statutory planning requirement, the Development Brief

seeks provision for Lifetime Homes and this is also a requirement by the Registered Social Landlords for affordable housing. A condition requiring full provision for Lifetime Homes is recommended.

Planning Obligations/development benefits 86. In accordance with saved policies 100.T, 101.T, 147.OS and 191.IN of

the Eastleigh Borough Local Plan 2001-2011, and the Council’s SPD on Planning Obligations, and the NPPF paragraph 17, the proposed development is required to provide developer contributions for on and off-site provision for facilities and infrastructure made necessary by the development or to mitigate against any increased need or pressure on existing facilities. These are detailed in paragraphs 67 and 69 above. This is in addition to the requisite on-site provision of affordable housing.

87. Following public consultation and pre-application discussions, negotiations regarding developer contributions and obligations have progressed with the following agreed terms for the requisite Section 106 agreement:

• Community infrastructure contributions

• Education contributions

• Off-site public open space contributions

• On-site public open space/play provision and maintenance

• 35% on-site affordable housing

• Provision of allotments access

• Public art provision

• Residents car parking road traffic order

• Travel plan provision and monitoring

• Transport infrastructure contributions

• Street tree maintenance

• Phasing to be agreed

• Employment and Skills Plan

• Air Quality Monitoring contributions

• Construction Traffic Routeing

• Section 106 monitoring

Conclusion 88. There is a presumption in favour of sustainable development, unless

the adverse impacts significantly and demonstrably outweigh the benefits, when assessed against the NPPF policies, in particular paragraph 14.

89. Whilst there are a number of identified adverse impacts which, without mitigation, would weigh against the proposal, none are considered to be severe (either individually or cumulatively with other local permitted development) or to have impacts which cannot be mitigated against. Thus despite objections to the proposals, the impacts when assessed do not clearly and demonstrably outweigh the housing delivery and other social and environmental benefits detailed above.

90. The brownfield application site is also an allocated housing site within

the adopted Development Plan and is part of the Council’s emerging strategy for the provision of housing (the Revised draft EBLP) and this gives the proposals further significant weight in support.

91. The residential proposal is considered to comply with the relevant

Government advice, Development Plan policies, site specific Development Brief and supplementary planning guidance. Subject to the various mitigation measures, conditions and planning obligation requirements detailed, outline permission is recommended.