Agenda item

Application APP/18/00724 - Land at Sinah Lane, Hayling Island

Meeting of Development Management Committee (uo to 25 Feb 2021), Thursday, 29th October, 2020 5.00 pm (Item 3.)

Proposal: Erection of 195No. dwellings, associated open space, pumping station, sub-station and formation of new vehicular access off Sinah Lane. Change of use of land from agricultural to a Wader and Brent Geese Refuge Area

Additional Information

Minutes:

The site was the subject of a Site Briefing by the Site Viewing Working Party.

The Committee considered the written report and recommendation from the Head of Planning to inform the Planning Inspectorate that had an appeal not been lodged the Local Planning Authority would have been minded to GRANT PLANNING PERMISSION for Application APP/18/00724 subject a Section 106 Agreement and the conditions set out in the report as amended by the supplementary information..

The Committee received the supplementary information, circulated prior to the meeting which:

1) included the minutes of the Site Briefing held on 1 October 2020;

2) included 12 written deputations submitted by members of the public, Councillor Hughes and Councillor Satchwell;

3) updated the officer’s report including an additional condition and amended condition for the Local Planning Authority to grant planning permission had an appeal not been lodged;

4) gave responses to the additional information requested at the Site Briefing, which included:

a. further details of proposed highway changes;

b. further details of the surface water drainage system;

c. the grade of the agricultural land;

d. details of tidal lock and how it would affect this proposal;

e. the density of existing buildings in relation to the development;

f. further information on the sustainability proposals of the development; and

5) a revised recommendation with both an amended condition and an added condition.

All members confirmed that they had read the above supplementary papers prior to the meeting.

The members received a presentation from the officers outlining the report and answering questions raised in the Site Briefing and individual members of the Committee since the agenda was published.

The meeting was adjourned from 17:27 and recommenced at 17:45.

The officers continued the presentation.

There had been 6 requests to make verbal deputations by Councillors and members of the public. Those opposing the application were Pat Brooks (Friends of the Earth), Anne Skennerton (Hayling Resident’s Association), Rosie Law (Hayling Resident’s Association), Dave Parham (Hayling Resident’s Association) and Councillor Clare Satchwell. Councillor Gary Hughes spoke in support of the application. These were received by the Committee. These verbal deputations were a summary of the written deputations supplied and published on the council’s website. The audio recording of these deputations is found within the recording of the meeting itself, beginning at 1.07.30. This is published on the council’s website.

The Principal Planning Officer in responding to the deputations on issues such as ecology, draining and nutrients that these issues had been scrutinised by the statutory consultees. This had resulted in a series of changes and clarifications to address their concerns and the consultees were all satisfied with the proposals. The RSPB had been negotiating with the developer to transfer the land to them with a view to concluding this aspect of the proposal which would be subject to a legal agreement should the Committee be minded to have granted planning permission. A condition with all new houses in the borough was included to limit the water uses of properties in respect to sewage.

The Planning Policy Manager highlighted to Members that this Committee meeting was concerning the application for the development of the land at Sinah Lane and was not to deliberate the changes to the Local Plan which had been agreed at Full Council on 9 September 2020. They also emphasised the Hayling Island Transport Assessment which had been developed, approved and published by the Council was also deemed suitable by the Highways Authority.

The meeting was adjourned from 18:50 and recommenced at 18:57.

In response to questions by Members of the Committee the officers advised that:

1. the site for the development was a level 1 risk for flooding, whereas part of the mitigation area for the bird refuge was level 3;

2. the timeframe for construction had not been finalised but it was indicated it would take place over a 5-year period;

3. the agricultural land being graded 3A meant that it was the “best and most versatile” agricultural land;

4. the RSPB were aware that part of the proposed bird refuge area experienced erosion and had taken this into account is assessing the adequacy of the area to provide mitigation;

5. the loss of the development site as a bird refuge had been assessed against the new area which would provide a permanent Winter bird refuge, and finances would be provided to ensure ongoing maintenance of the land;

6. the provisions and management of the bird refuge is to be secured by the legal agreement and if the RSPB chose not to adopt it then it would be the responsibility of a third party as set out in the legal agreement;

7. the RSPB/refuge management would be responsible for ensuring any informal footpaths across the refuge land which could disrupt the birds are closed off to public footfall;

8. a Habitats Regulations Assessment had been undertaken and Natural England in using their methodology were satisfied that there would be a net benefit in removing the land from agricultural use and using it for a bird refuge;

9. there was a sum of money committed to extending the local schools should the development go ahead in order to accommodate the children on the development;

10. as it was down to Central Government to address the impact of Covid-19, this application did not take social distancing measures into account;

11. the drainage system for the development had been designed to take the ‘worst case scenarios’ into account, such as a 1 in 200-year tidal event;

12. a condition could be included to ensure the protection of the trees prior to any construction taking place;

13. there was no intention to remove any barriers formed by vegetation in this development;

14. tidal lock had been taken into consideration as the water from the development would be held in attenuation until the tide retreated;

15. it was up to future residents of the development whether they used their garage for parking spaces or not, but it was within the guidance the council used as a planning authority to include garage spaces as parking spaces within the development; and

16. a Traffic Regulation Order could be necessary as congestion and hazards on roads was possible, so £5k had been earmarked for this.

The Committee discussed the application in detail together with the views raised in the deputations received.

It was RESOLVED that the Head of Planning was authorised to inform the Planning Inspectorate that had an appeal not been lodged the Local Planning Authority would have been minded to GRANT PLANNING PERMISSIONfor Application APP/18/00724 subject to: -

(A) a Section 106 Agreement

(B) the following conditions:

The development must be begun not later than three years beginning with the date of this permission.

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory

Purchase Act 2004.

Planning Documents and Plans

The development hereby permitted shall be carried out in accordance with the following approved plans:

Architectural plans

Site Location Plan	PL-01
Proposed Site Layout Plan (Roof Plan)	PL-02 P10
Materials Plan	PL-03 P12
Boundary Treatment Plan	PL-04 P12
Proposed Streetscene Elevations	PL-05 P4
Proposed Site Layout Plan (Coloured Version)	PL-06 P10
Bin and Cycle Storage Plan	PL-07 P10
Affordable Layout Plan	PL-08 P10
Storey Height Plan	PL-09 P10
Chimney Location Plan	PL-10 P10
Adoption Plan	PL-11 P10
Developable Area Plan	PL-12 P4
Electric Charging Point Plan	PL-13 P9
Sinah Lane Housetype Booklet	02.04.20
Design and Access Statement	2020-03-04 Rev N

Landscape /arboricultural drawings

Landscape masterplan	BDWS20660 10J
Soft landscaping	BDWS20660 11R
Open Space areas Public Open space phasing Plan	BDSW20660 13B PL-14 P3
LAP proposals	BDWS20660 15B
Winter Bird Mitigation Plan	BDWS20660 22H

Engineering drawings

Drainage Strategy 1 of 2	BSO-E4513 12D
Drainage Strategy 2 of 2	BSO-E4513 13F
Preliminary Level Strategy 1 of 2	BSO-E4513-014E
Preliminary Level Strategy 2 of 2	BSO-E4513- 015F
Highway Layout Review 1 of 2	BSO-E4513-016G
Highway Layout Review 2 of 2	BSO-E4513- 017F
Fire Tender Swept Path Analysis 1 of 2	BSO-E4513-018H
Fire Tender Swept Path Analysis 2 of 2	BSO-E4513 019G
Refuse Vehicle Swept Path Analysis 1 of 2	BSO-E4513-020F
Refuse Vehicle Swept Path Analysis 2 of 2	BSO-E4513-021F
Flood Exceedance	BSO E4513 026 D

Statements

Archaeological Desk Based Assessment	June 2018
Planning Statement	July 2018
Statement of Community Involvement	June 2019
Affordable Housing Statement	June 2019
Infrastructure Delivery Statement	July 2018
Arb Impact Assessment + Method Statement	Rev 8 9 Mar 2020
Tree Report	BDWS20660trC
Bat Survey Report	June 2018
Winter Bird Mitigation Strategy	Nov 2018
Biodiversity Action Plan	June 2018
Biodiversity Checklist	June 2018
Extended Phase 1 Habitat Survey	June 2018
Reptile Presence/Likely Absence Report	June 2018
Information to inform HRA	June 2019
Biodiversity Net Gain Assessment	June 2018
Ecological Mitigation and Management Plan V2	March 2020
Flood risk assessment	17134-Rev C
Utilities Assessment	June 2018
Landscape Maintenance and Management Plan	June 2018
Air Quality Assessment	June 2018
Noise Assessment	June 2018
Transport Assessment	June 2018, supplemented Jul 2019
Travel Plan	July 2019 update
Economic Benefit Statement	June 2018
Landscape Visual Impact Assessment	June 2019 revision
Soft Landscape Specification	May 2020
Compliance Statement	June 2019

Reason: - To ensure provision of a satisfactory development.

Landscape and materials

Notwithstanding the submitted details no above ground development shall take place until a further detailed Scheme of Soft and Hard Landscape Works has been submitted to and approved in writing by the Local Planning Authority. These details shall include:

i) Written specifications (including cultivation and other operations associated with plant and grass establishment,

ii) Planting methods, tree pits & guying methods,

iii) schedules of plants, noting species, planting sizes and proposed numbers/densities where appropriate,

iv) Retained areas of grassland cover, scrub, hedgerow, trees and woodland,

v) Manner and treatment of watercourses, ditches and banks,

vi) Details of all hard-surfaces, such as paths, access ways, seating areas and parking spaces, including their appearance, depth and permeability,

vii) Means of enclosure, in particular boundary walls, fencing and planting around properties and including their frontages, including any retaining structures,

viii) The type of street lighting including calculations, contour illumination plans and means to reduce light pollution

ix) A timetable for implementation of the soft and hard landscaping works.

x)Fencing to the proposed links to Hayling Billy Trail and fencing to prevent the creation of unauthorised access.

xi)Specification including detail of size and planting density for the landscaped tree belt along the southern boundary of the bird refuge and northern boundary of the housing site.

The scheme of Soft and Hard Landscaping Works shall be implemented in accordance with the approved timetable. Any plant which dies, becomes diseased or is removed within the first five years of planting, shall be replaced with another of similar type and size, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To achieve an appropriate landscaping scheme to integrate the development into the landscape and mitigate any impact upon the amenities of neighbouring properties, and to ensure that the roads, footway, footpath, cycleway, street lighting and surface water drainage are constructed to an appropriate standard to serve the development in accordance with policies DM10, CS12 and CS16 of the Havant Borough Local Plan (Core Strategy 2011) and the National Planning Policy Framework.

Notwithstanding any description of materials in the application no above ground construction works shall take place until samples and a full specification of the materials to be used externally on the buildings have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the type, colour and texture of the materials. Only the materials so approved shall be used, in accordance with any terms of such approval.

Reason: To ensure the appearance of the development is satisfactory and having due regard to policies CS11 and CS16 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework .

Ecology and trees

All ecological mitigation, compensation and enhancement measures set out in the Ecological Mitigation Strategy (WYG document ref A092944-3, dated March 2020) shall be implemented in accordance with the agreed details and maintained in perpetuity in a condition suited to their intended function, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To provide ecological protection and enhancement in accordance with the Conservation Regulations 2017, Wildlife & Countryside Act 1981, NPPF, NERC Act 2006 and Policy CS 11 of the Havant Borough Core Strategy March 2011.

Prior to the commencement of development activities, a Construction Environment Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority in consultation with Natural England. The CEMP shall be informed by the identified ecological receptors detailed within the Ecological Mitigation and Management Plan Dated June 2018 (revised June 2019) - prepared by WYG and shall include

a) measures to control noise, dust, pollution, lighting and surface water drainage during construction.

b) Consideration of how certain activities will be limited in time, location or noise level to minimise the risk of disturbance to SPA birds (i.e. October to March inclusive). This shall include details of noise monitoring of the construction and demolition work at sensitive locations,

c) The restriction of percussive piling or works with heavy machinery (i.e. plant resulting in a noise level in excess of 69dbAmax - or a noise level otherwise agreed in writing by the Local Planning Authority, measured at the sensitive receptor which is the nearest point of the SPA or SPA supporting habitat - high tide roost sites) during the bird overwintering period (i.e. October to March inclusive).

Development shall be implemented in accordance with the agreed CEMP unless otherwise agreed in writing by the Local Planning Authority.

Reason: To provide ecological protection and enhancement to ensure that there will be no adverse impacts from construction on the Wintering Bird Mitigation Area. in accordance with the Conservation Regulations 2017, Wildlife & Countryside Act 1981, NPPF, NERC Act 2006 and Policy CS 11 of the Havant Borough Core Strategy March 2011

Prior to any demolition, construction or groundwork commencing on the site the approved tree protective measures, including fencing and ground protection, as shown on the approved Arboricultural Impact Assessment and Method Statement Rev C, and Tree Protection Plan shall be installed and within the fenced area(s), there shall be no excavations, storage of materials or machinery, parking of vehicles or fires. The development shall be carried out strictly in accordance with the submitted details.

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with the objectives of the National Planning Policy Framework and Policy CS16, of the Havant Borough Local Plan (Core Strategy) 2011.

Development shall proceed in strict accordance with the ecological avoidance and mitigation measures detailed within the approved Report to Inform Habitats Regulations Assessment Stage unless otherwise agreed in writing by the Local Planning Authority. All avoidance and mitigation features shall be permanently retained and maintained in accordance with the agreed details.

Reason: To protect biodiversity in accordance with the Conservation Regulations 2010, Wildlife & Countryside Act 1981, the NERC Act (2006), NPPF and Policy CS 11 of the Havant Borough Local Plan (Core Strategy) 2011.

Environmental

No floodlighting or other form of external lighting scheme shall be installed unless it has been approved by the Local Planning Authority. Such details shall include, Location, height, type and direction of light sources and intensity of illumination and measures to take account of bat activity. Any lighting scheme agreed in writing by the Local Planning Authority shall not thereafter be altered without prior consent other than for routine maintenance, which does not change its details.

Reason: To protect the occupants of nearby residential properties, on and off site, from light disturbance / pollution and having regard to Policy CS16 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

The acoustic mitigation measures to be employed with regard to the building envelope and external amenity areas, including fenestration / ventilation, and fencing /walls for all residential units, shall meet BS8223:2014 standards as recommended for indoor and outdoor ambient noise levels for dwellings, especially in relation to living rooms and bedrooms i.e. during the day (07:00 to 23:00) 35 dB L Aeq,16 hour and at night (23:00 to 07:00) 30 dB L Aeq,8 hour for bedrooms; and external amenity space 50 / 55 dB LAeq,16 hour (50 dB is preferable)

Reason: To ensure the residential amenity of the property is not impacted upon by any external noise levels, especially noise from any commercial / business premises existing alongside the development, traffic noise and noise from pump stations and the like and having regard to Policy CS16 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

No development shall commence until a Construction Environmental Management Plan is submitted to and approved in writing by the Local Planning Authority. The Plan shall make comprehensive provisions for:

i) The control of dust setting out the measures for the control of any dust that might emanate from the development site, to include for a suitable and adequate water supply being available at the site prior to works commencing. Furthermore, the methods of dust control should be in accordance with the guidance as laid out in the BRE Report 456 - Control of Dust from Construction and Demolition activities. It should also be noted that besides the keeping of haul roads damp during dry weather conditions, any areas where tracked excavators, dozers and the like are working, are also be kept damp at all times.

ii) Temporary lighting;

iii) No burning on-site;

iv) Scheme of work detailing the extent and type of any piling proposed;

v) A construction-phase drainage system which ensure all surface water passes through three stages of filtration to prevent pollutants from leaving the site;

vi) Safeguards for fuel and chemical storage and use, to ensure no pollution of the surface water leaving the site.

vii)The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

The approved Construction Environmental Management Plan shall be adhered to at all times throughout the construction of the development.

Reason: To protect the amenities of the area and of occupants of all nearby residential receptors from pollution and having regard to Policy CS16 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

Drainage and Flood risk

Notwithstanding the submitted details construction of the development shall not

commence until details of the proposed means of foul and surface water sewerage

disposal have been submitted to, and approved in writing by, the Local Planning

Authority in consultation with Southern Water. The design of drainage shall ensure

that no land drainage or ground water is to enter the public sewers network.

Reason: To prevent flooding elsewhere by ensuring that compensatory storage of flood water is provided, to reduce the risk of flooding from blockages to the existing culvert, and to reduce the risk of flooding to the proposed development and future occupants. This condition is required in accordance with Section 9 of the Planning Practice Guidance to the National Planning Policy Framework (NPPF) for Flood Risk and Coastal Change and Policy CS15 Flood and Coastal Erosion Risk of the Havant Borough Local Plan (Core Strategy) 2011.

No dwellings shall be occupied until the following drainage details have been submitted to and approved in writing by the Local Planning Authority: Details of consent from the Sewerage Authority for a connection to the public sewer for the development. The development shall be implemented in accordance with the approved details

Reason: Without the provision of an appropriate surface water connection point the development cannot be appropriately mitigated and having due regard to policies

and proposals CS16 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

Highways

No development shall take place, including any works of demolition, until a Construction Traffic Management Plan has been submitted to and approved in writing by the Local Planning Authority in consultation with Hampshire County Council Highway Authority. Thereafter the approved plan shall be implemented and adhered to throughout the entire construction period. The Plan shall provide details of the following matters:

i) A programme and phasing of the site clearance and construction work, including roads, footpaths, landscaping and open space;

ii) Location of temporary site buildings, compounds, construction material, and plant storage areas used during demolition and construction;

iii) Arrangements for the routing and turning of lorries and details for construction traffic access to the site and their management and control;

iv) The arrangements for deliveries associated with all construction works, loading/ unloading of plant & materials and restoration of any damage to the highway;

vi) Measures to prevent mud and dust on the highway during development;

vii) Provision for addressing any abnormal wear and tear to the highway, and a programme for construction.

Reason: To avoid excess soil being deposited on the existing roads and having due regard to policy DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

No dwelling hereby permitted shall be first occupied anywhere on the site until the road(s) serving that dwelling have been laid to at least base course.

The garages hereby permitted shall be retained and kept available for the parking of cars at all times and shall not be converted to living accommodation.

Reason: To ensure the retention of adequate on-site car parking in the interests of highway safety and residential amenityand having due regard to policies CS16 and DM13 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

The car parking, servicing and other vehicular access arrangements shown on the approved plans to serve each individual dwelling hereby permitted shall be made fully available for use prior to that dwelling being first brought into use and shall be retained thereafter for their intended purpose.

Reason: In the interests of highway safety and having due regard to policy DM13 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

Archaeology

No development shall take place until the applicant has secured the implementation of a programme of archaeological assessment in accordance with a Written Scheme of Investigation that has been submitted to and approved by the Planning Authority. The assessment should take the form of trial trenches located across the proposed area of housing to ensure that any archaeological remains encountered within the site are recognised, characterised and recorded.

Reason: To assess the extent, nature and date of any archaeological deposits that might be present and the impact of the development upon these heritage assets and having due regard to Policy CS11 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework .

No development shall take place until the applicant has secured the implementation of a programme of archaeological mitigation of impact, based on the results of the trial trenching, in accordance with a Written Scheme of Investigation that has been submitted to and approved by the Planning Authority.

Reason: To mitigate the effect of the works associated with the development upon any heritage assets and to ensure that information regarding these heritage assets is preserved by record for future generations and having due regard to Policy CS11 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

Following completion of archaeological fieldwork, a report shall be produced in accordance with an approved programme submitted by the developer and approved in writing by the Local Planning Authority setting out and securing appropriate post-excavation assessment, specialist analysis and reports, publication and public engagement.

Reason: To contribute to our knowledge and understanding of our past by ensuring that opportunities are taken to capture evidence from the historic environment and to make this publicly available and having due regard to Policy CS11 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

Water efficiency/sustainability

The development hereby permitted shall not be occupied until:

(a) A water efficiency calculation in accordance with the Government's National Calculation Methodology for assessing water efficiency in new dwellings has been undertaken which demonstrates that no more than 110 litres of water per person per day shall be consumed within the development, and this calculation has been submitted to, and approved in writing by, the Local Planning Authority;

and

(b) All measures necessary to meet the approved water efficiency calculation have been installed.

Reason: There is existing evidence of high levels of nitrogen and phosphorus in the water environment with evidence of eutrophication at some European designated nature conservation sites in the Solent catchment. The PUSH Integrated Water Management Strategy has identified that there is uncertainty as to whether new housing development can be accommodated without having a detrimental impact on the designated sites within the Solent. Further detail regarding this can be found in the appropriate assessment that was carried out regarding this planning application. To ensure that the proposal may proceed as sustainable development, there is a duty upon the local planning authority to ensure that necessary avoidance measures are provided against any impacts which might arise upon the designated sites. In coming to this decision, the Council have had regard to Regulation 63 of the Conservation of Habitats and Species Regulations 2017, Policy CS11 of the Havant Borough Local Plan (Core Strategy) 2011 and Policy E14 EX1 and E12 of the Pre-Submission Havant Borough Local Plan.

At all times following occupation of the development hereby approved, all measures necessary to meet the approved water efficiency calculation shall be maintained so as to ensure that no more than 110 litres per person per day shall be consumed in the development in perpetuity.

Electric Charging points

Prior to first occupation of any dwelling with provision for an Electrical Vehicle Charging point full details of the Electrical Vehicle Charging point, shall be submitted to and approved in writing by the Local Planning Authority. The details shall include samples, location and / or a full specification of the materials to be used externally on the buildings. Only the materials so approved shall be used, in accordance with any terms of such approval.

Reason: To ensure the appropriate siting of such points and that the appearance of the development is satisfactory and having due regard to policies CS11 and CS16 of the Havant Borough Local Plan (Core Strategy) 2011 and Policy IN3 of the Pre-Submission Havant Borough Local Plan 2036 and the National Planning Policy Framework.

Other

Notwithstanding the submitted Levels Strategy,no development shall take place until details of existing and finished floor and site levels relative to previously agreed off-site datum point(s) have been submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken in accordance with the approved details.

Notwithstanding the provisions of any Town and Country Planning General Permitted Development Order (as amended), no extension, building or structure permitted by Part 1, Classes A and E of the 2015 Order, as amended, shall be erected within the curtilage of Plots 112 to 116 inclusive, without the prior written approval of the Local Planning Authority.

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features in accordance with the objectives of the National Planning Policy Framework and Policy CS16, of the Havant Borough Local Plan (Core Strategy) 2011.

No above ground construction shall commence until details of the provision of bat enhancement features within the built development have been submitted to and agreed in writing by the Local Planning Authority. Unless otherwise agreed in writing by the Local Planning Authority the enhancement features shall be implemented in accordance with the approved details prior to occupation of any building on which they are installed. Reason: To protect biodiversity in accordance with the Conservation Regulations 2010, Wildlife & Countryside Act 1981, the NERC Act (2006), NPPF and Policy CS 11 of the Havant Borough Local Plan (Core Strategy) 2011.

and that the Council’s case in the appeal against non-determination of the application be prepared on that basis.

Supporting documents: