Agenda item

To consider the reports by the Director for the Economy, attached as Item 6.

1

 

 

The Head of Planning and Development referred Members to the report, and the  previous committee report, as an appendix, and advised the sole reason for deferral related to the design of the development.  The report set out some of the discussions held with the applicants since the last Planning Committee meeting in June to address some of the concerns.

 

As the make-up of the Planning Committee was the same as the last meeting held in June, and the Members were familiar with the site, the Officer briefly outlined the proposal, showing various plans, photographs and CGIs.    

 

Members were shown previous residential CGIs that were considered at the last Planning Committee meeting.  The proposed brickwork had been light in colour, common to all the riverfront blocks, with a slightly different brick for the intervening ‘ribbon’ buildings along the A259.  Members were shown views from the river, east and west across the undeveloped Howard Kent site, a typical side elevation and cross sections of the blocks fronting onto the river.    

 

The Committee Members were then shown a number of revised residential plans and the Officer summarised the design amendments for consideration. Amendments included breaking the parapet line on each of the blocks, creating a more wharf-like building, more visibility through the building by introducing steel columns on the corner of the buildings and the use of different coloured brickwork.  The Officer advised that the precise brick colour and architectural detailing would be covered by condition and the subsequent application to discharge this condition could come back to Members for approval.  

 

The Head of Planning and Development advised the Officer’s recommendation had been revised as satisfactory additional and amended material referred to in the report had been received, as well as satisfactory comments of consultees from the Highway Authority and the CCG.  However, ongoing discussions were still being held with Environmental Health regarding the hours of use of the business centre in relation to the adjoining residential building and this issue would be resolved during the delegation period.  The Officer also advised that during the delegation period, there would be a need to negotiate the precise provisions of the legal agreement.  With regard to the Heads of Terms, the Officer referred to page 75 of the previous report and indicated that the Highway Authority had required additional modelling to understand the impact on local junctions and had increased its request from approximately £750,000 to £903,500 towards offsite improvements of junctions and a contribution towards the proposed cycle path. Other matters included a request for £65k towards off site open space contributions and approx £88k for air quality mitigation (however, the amount would vary depending on the sustainability measures incorporated into the development to address this issue).

 

Finally, there was a request to be considered from the CCG of £236,000 towards improvement of medical facilities within the area.  The Officer also advised that the  applicant had committed to the contributions and to deliver the 30% affordable housing and to deliver a 100% affordable housing scheme post planning utilising Homes England Affordable Housing Grant. 

 

The Committee Members raised a number of points for clarity on the presentation which were answered in turn by the Officer and in summary, included:-

 

• the criteria for an Environmental Impact Assessment;
• an update on a response from Southern Water;
• provision of pontoons and/or improved access to the water; 
• conforming with the Joint Area Action Plan (JAAP);
• affordable housing mix/Homes England funding;
• design amendments to the development in response to the Design Panel: and,
• the inclusion of play areas on site. 

 

There were six further representations from registered speakers, three in objection and three in support, and all had elected to join the meeting.

 

Some Members raised queries with two of the registered speakers in support of the application which were answered in turn.

 

The meeting was adjourned at 9.09 pm, and reconvened at 9.14 pm. 

 

Some Members still raised concerns about the proposed brick colour and design details of the residential buildings however, the Officer agreed that the condition discharge for the detail could be referred to a future Planning Committee meeting for approval.  There followed further discussion on the affordable housing aspect of the scheme, play areas on site, shared ownership and sustainability measures.

 

During Members’ questions and debate, the Head of Planning and Development agreed to a number of further conditions as follows:-

 

• details of play areas to be submitted and approved;
• cycle provision to be reviewed during the delegation period (seeking to maximise cycle provision without compromising the number of car parking spaces); and,
• materials/brick colour to be amended to include other materials (balconies and metal work) and to return to a future Committee meeting for discharge.  

 

Also, there were two additional matters to be covered by the Section 106, one relating to shared ownership, that it should be provided in accordance with best practice, and for the applicant to use best endeavours to work with the Port Authority to agree a scheme for the provision of pontoons and/or improved access to the water.

 

Following debate, a Member proposed to defer the application however, this was later withdrawn. There followed a proposal to approve the application, as recommended by Officers, subject to the conditions set out in the report; the additional conditions outlined above including the provision of play areas; the brick colour and details; cycle storage provision; and the additional matters to be included in the s106 agreement.

 

A vote was taken by roll call as follows:-

 

For: Cllrs Carol Albury, David Balfe, Kevin Boram & Andy McGregor 

Against: Cllrs Stephen Chipp, Lee Cowen, Joss Loader & Paul Mansfield 

Abstentions: 0

 

The Chairman used her casting vote to approve the application.

 

Decision

 

The Committee Members agreed to delegate to the Head of Planning and DeveIopment to APPROVE, subject to the receipt of satisfactory comments from Environmental Health and the completion of a Planning Obligation (Section 106) covering the matters set out in Table 2 and subject to the following conditions (and  further conditions outlined):   

 

* Asterisk denotes ‘pre-commencement’ conditions. Some matters such as the submission of materials, are to be settled ‘before works above ground or slab level’

 

General

 

1.         Approved Plans including amendments to material detailing.

 

2.         Time limit – 3 years.

 

3.         Development phasing to be submitted, approved and implemented*.

 

4.         Materials to be submitted and approved.

 

5.         The submission and approval of plans for detailed elements at a scale of 1:20 plans to ensure high quality design.

 

6.         Hard and soft landscaping and implementation, including biodiversity measures, seating and informal play.

 

7.         Means of Enclosure gates or barriers to be submitted, approved and provided; Permitted Development restriction for the future, including balconies.

 

Use

 

8.         B1 & B8 uses of building. No Permitted Development change. Further information also to be approved concerning management of these uses, sizes of spaces and facilities available to them and the way in which businesses would be supported.     

 

9.         A3/A4 use of café.  No Permitted Development change 

 

10.       Hours of use 

 

Highways & Access

 

11.       Provide and retain accesses (including any stopping up), paths, parking, manoeuvring and servicing space including delineation car club spaces and electronic vehicle charging points (details of connection points and charge rating to be approved), with 100% cabling.

 

12.       Engineering specification details for access and parking/manoeuvring areas to ensure robust design. Also details of interim arrangements at the access crossing points where the cycle-path will eventually cross them.

 

13.       Any gate to the parking area to be positioned at least 6m back from the edge of the highway in order that a vehicle may wait clear of the highway whilst the gate is being operated.  Details of any gate and entry control (if Used), to be approved.

 

14.       Provide and retain secure cycle parking.

 

15.       Travel Plans – to be submitted and agreed (implemented and monitored through s.106).

 

16.       Level thresholds for wheelchair access.

 

17.       Details of secure access provisions

 

18.       Provide and retain refuse stores.

 

19.       Fire safety:  hydrant details and sprinkler systems to be approved and implemented.

 

20.       Provide and maintain riverside maintenance access

 

Drainage

 

21.       Drainage: details of and timing of provision to be approved in consultation with Southern Water*. 

 

22.       Drainage*: 

i) Sustainable surface water drainage to be submitted approved including calculations – runoff including the 100 year event, plus climate change, not to exceed current values, details of measures to avoid pollution and details of management, to then be maintained.

 

ii) Verification report/details of implemented surface water drainage, pre-occupation.*

 

Remediation & Groundwater

 

23.       Remediation scheme and verification*

 

24.       Details of below ground and river-edge works to include protection of water quality*

 

Sustainability

 

25.       Communal Heating – details and implementation and retention of plant rooms and infrastructure to allow subsequent connection to district heating system, also measures to protect basement plant from flooding*

 

26.       Solar Panels – details and implementation; non-reflective so far as possible.

 

27.       Building standards to include BREEAM Excellent for commercial development and incorporation of insulation and energy/water efficiency measures for residential development and verification. Air quality emissions from any energy generating plant be subject to low nitrogen dioxide emissions.

 

Amenity

 

28.       Noise - Acoustic specifications, including acoustic glazing and means of ventilation.

 

29.       Noise & Vibration – Specifications for plant, including lift mechanism and sub-station and acoustic insulation*.

 

30.       Noise & odour - Details of future air moving plant to be approved, including any required for the cafe.

 

31.       Lighting – Details to be approved for security and to minimise light pollution and verification of the light design once approved and installed 

 

32.       Provisions for communal aerial/antennae no other external aerials other than behind and not above parapet without further approval

 

33.       Levels – further details to be approved e.g. of car parks and slabs, in accordance with levels shown. No subsequent increase in levels*.

 

34.       Signage – no signage above ground floor level or forward of building façade without prior approval

 

35.       Construction Environment Management Plan, including hours of construction work and minimising of pollution and nuisance. Identify schedule responsibilities and coverage under other legislation.

 

36.       Employment & Skills Plan to be approved and implemented.

 

Table 2: Matters for s.106 Agreement.

 

No.	Matter	Note
1	Affordable Housing	30% provision with 75:25 social rented: intermediate tenures
2	Highway Provisions	i.                Financial contribution ii.                Off-site works (Puffin crossing, roadside bay; widened footpath space to Brighton Road frontage to allow for subsequent cycle path iii.                Dedication of widened footpath space to Brighton Road as public highway iv.                Provision of bus stop improvements v.                Obtain Traffic Road Orders (TROs) for works in the highway
3	Footpaths	i.                Pathways agreement to provide uninterrupted public access at riverside footpath and paths connecting to Brighton Road. ii.                Provision to connect pathways to adjoining lands, including access for connection or regrading works to achieve this. iii.                Maintenance of pathways including provision and maintenance of a riverside bin
4	Maintenance Access	Access rights to Environment Agency and Public Bodies such as WSCC/ADC to allow for any maintenance or works at / to the riverside
5	Travel Plans	i.                Appointment of Travel Plan co-ordinator to work in liaison with Highway Authority in implementation and monitoring of Travel Plans over five year period. ii.                Financial contribution to Highway Authority to cover work in liaison and monitoring
6	Car club	i.                Provision of two car club cars (first one within one month of first occupation, second one at a later % of occupations) ii.                Subsequent maintenance of car club cars and car club parking spaces iii.                Provision of paid membership for all residents and staff at the site for at least [x] years including one-off £50 drive time payment each.
7	County Infrastructure  (non-highway)	Financial contributions for: i.                Education (primary) £124,115 ii.                Education (secondary) £133,582 iii.                Education (six form)   £31,292 iv.                Libraries £53,040 v.                Fire and Rescue £4097 Sums to be reviewed and updated after 3 months of Committee resolution
8	Open Space	Financial contribution [£] for provision of public open space and recreation works, improvement or space within [ ] wards.
9	District Heating	Provisions for connection to Shoreham Harbour District Heating System.
10	Air Quality Mitigation	Financial contribution [£] for air quality mitigation measures and monitoring, within [ ] wards, or Air Quality Management Area or [metres] distance of site.
11	Employment Uses	i.                Marketing of any flexible space for B1 purposes for at least 12 months prior to use for B8 purposes. ii.                Marketing requirements to be specified. iii.                B8 use of flexible space not to preclude possible B1 use in the future.
12	Site Management	Management & Maintenance of: i.                flood escape plan distribution and updating of;  ii.                Parking Management Plan – incl. car and cycle parks & car club spaces;  iii.                on-site heating system and future district heating system elements on site;  iv.                surface water drainage – management & maintenance strategy v.                riverside path including surfacing, signage and refuse bin;  vi.                bin stores and bins;  vii.                planting and communal areas, including watering and pruning;  viii.                any noise attenuation measures.
13	Provision for Art	Commissioning and installation of art within the development, including financial provision for this.