Agenda item

Mixed use redevelopment of former Debenhams department store to comprise circa 2,260sqm ground floor commercial space (use class E) and change of use and 2 storey extension of upper floors to comprise no 98 studio, 1, 2 and 3 bed apartments, demolition of rear storage units and construction of 36 no. new apartments with associated landscaping, access and parking. 

 

(Councillor Jones left the meeting for the duration of this item)

 

The Senior Planning Officer presented the report. Peter Hayward, Island Highway & Transport Consultants, was present for this item.

 

The Senior Planning Officer drew attention to the Supplementary Matters which reported that:

 

The publicity period of the application was extended until 04 January 2021 with additional letters sent to neighbours and additional site notices were posted on site to advertise revisions to the scheme. 4 further letters of representations were received 3 of these were in objection to the scheme and they have been addressed in the main body of the report. One was in support of the application to revitalise the Southsea Town Centre. No further deputation requests were made.

 

For completeness and openness, I note the Applicant sent an email on 21/01/21 to each of the Members of the Planning Committee setting out some of the main points of the development proposals and their progress.

 

COMMENTS

 

Since publication of the main report, PCC's Housing Enabling Officer has provided consultation comments advising that the affordable housing provision for the scheme as proposed equates to 41 units. There is acknowledgment that the units in Block B may be suited to serve as the affordable element of the site however the provision of 36 in Block B is short by 5 units on policy expectation, and by concentrating them in one block fails to encourage mixed tenure and also mixed communities.

 

A commuted sum for off-site contribution has been suggested as an alternative. The Housing Enabling Officer also points out that in a mix block development, it would be difficult to get a Registered Provider (RP - Housing Association) to take on these units unless in a single block with the full free hold.

 

Following a review of the Council's Habitat Regulation Assessment, Natural England has since withdrawn their objection to the proposal provided that the applicant is complying with the requirements of the Interim Strategy for 104.3kg/TN/yr and that the Council, as

competent authority, is satisfied that the approach will ensure the proposal is nutrient neutral and the necessary measures can be fully secured.

 

The Applicant proposes the GP surgery.  This would be a positive benefit for the local community for the provision of health services, and would contribute to the vitality and viability of the local centre, and as such its provision is being secured via the legal agreement.

 

The Use Classes Order changed significantly during the summer of 2020, after the submission of this planning application.  The Development Description was amended during the course of the application, at the Applicant's request, to reflect the new generic use class (Class E).  Upon further consideration, though, the correct description, in accordance with the legislation, is the original description, referring to the Classes A1/A2/A3/A4/B1/D1/D2 as applied for.  Therefore, this note is to confirm the reversion to the original Development Description.

 

CONDITIONS

 

The Applicant has requested to have some of the recommended conditions split between the two principal elements of the scheme, for flexibility during any construction phases. Officers have raised no objection to this request for two conditions, as follows:

3.  Materials and finishes;

4. Design - Architectural Detailing;

 

EDITS TO REPORT

 

Amended Condition 1:

The development hereby permitted shall be begun no later than 29th May 2021.

 

Reason

To comply with our Nitrates bank trajectory and to prevent an accumulation of unimplemented planning permissions given the limited supply of Council 'credits' forming the SPA nitrates mitigation.

 

Amended Condition 13:

No development shall start on site until revised access details providing for footway crossing type accesses and detailed Transport & Parking Strategy to mitigate the impact of reduced car parking provision within the site has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out strictly in accordance with the approved access detail and Transport & Parking Strategy. The Transport and Parking Strategy shall include details of the proposed distribution of parking allocation across Blocks A and B respectively.

 

 

INFORMATIVE

 

Informative with regards affordable housing (Condition 19)

 

The scheme for the provision of affordable housing as part of the development on-site shall include:

i.          The numbers, type, tenure and location on/or off the site of the affordable housing provision to be made shall be in accordance with the aims and objectives of Policy PCS19 of the Portsmouth Plan (2012) of the National Planning Policy Framework (2019) and associated guidance;

ii.         The timing of the construction or occupation of the affordable housing and its phasing in relation to the occupancy of the market housing;

iii.        The arrangements for the transfer of the affordable housing to an affordable housing provider [or the management of the affordable housing] (if no RP involved);

iv.        The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

v.         The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced

 

 

Recommendations

RECOMMENDATION 1:  That delegated authority be given to the Assistant Director of Planning & Regeneration to grant planning permission, subject to the following conditions, and subject to completion of a Section 106 Legal Agreement within three months of the Planning Committee meeting of 26/1/21 to secure:

- The provision of Affordable Housing, on or off-site;

- The mitigation of effects on the Special Protection Areas (nitrate mitigation & recreational impact mitigation)

- The provision of a GP surgery in Block A.

 

RECOMMENDATION 2: That delegated authority be granted to the Assistant Director of Planning & Economic Growth to add/amend conditions where necessary.

 

RECOMMENDATION 3:  That delegated authority be given to the Assistant Director of Planning & Regeneration to refuse planning permission if the Section 106 Legal Agreement has not been completed within three months of the date of this resolution.

 

 

Further written deputations were read out as part of the officer presentation from:

·         Mr Playle - local resident

·         Portsmouth Cycle Forum

·         Mr Alex King, Managing Director of Mission Town Planning.

 

Deputations are not included in the minutes but can be viewed on the livestream on the following link Planning Committee, 26 January 2021 on Livestream

 

 

Members' Questions

In response to questions from members, officers explained that:

·         The viability report had been updated by the applicant.  This was now with the independent viability consultant and officers are awaiting feedback on that. 

·         With regard to timings and the nitrate bank, officers advised that they only have nitrates available up to that month. Developers can procure nitrates from elsewhere but if it is from our nitrate bank it is up to that date.  After that date they cannot lawfully update that scheme. The date of 29 May that the development must be commenced by in amended condition 1, had been agreed with the applicant and they are aware of the nitrate credits that the Council has.

·         With regards to the affordable housing delivery where an applicant indicates that the scheme would not be viable with regards to affordable housing, officers would put a review mechanism in place to review if any opportunity for affordable housing contributions could be taken from the scheme.

·         With regard to amended condition 13, officers had included in the SMAT list a sentence to say that the authority must see a transportation plan to be able to discharge the conditions at the appropriate time. It is normal not to specify every detail in the condition but cycling is part of transportation and a lot of the ideas raised by the cycle forum had been considered and would be refined as the condition is discharged.

·         The applicant has provided waste bins which are acceptable for the level of residential and commercial space proposed.  There is a condition proposed to ensure they are on levels where access is possible, and the internal consultees had found this acceptable.

·         Due to the arrangement of the site a ground source heat pump was not possible.  In the applicant's sustainability appraisal they have suggested other measures.

·         There are no solar panels provided on site. Condition 22 is the standard condition seeking any range of measures appropriate for the building and this condition will require further investigation so that officers have an appropriate submission to approve if up to standard.  

·         Officers would expect a proportion of EV parking spaces and this would be part of condition 13 in the transportation and parking strategy.

·         Officers were not sure condition 22 could be further strengthened at this stage.  Officers might expect the large flat roof could be suitable for solar panels and would ask the applicant to look into that very seriously.

 

 

Members' Comments
Members felt this was an improved application from when it was previously submitted.  In terms of the parking there is a deficit and this needed to be weighed up in the context of its accessibility to local transport and the considerable regeneration opportunity. This application will help to provide accommodation to meet the targets set by Government.  The design is well thought out and will significantly improve the area.

 

Members noted that the parking shortfall compared to the required standard is 77 and the 23 space shortfall is on the basis of 1 space per unit. It was proposed by a member that conditions 13 and 22 come back to the committee to agree along with the financial viability however officers advised that this would have implications for the commencement of this development.  Other committee members did not support this view as it was felt this could jeopardise the development as there is a very tight timescale.

 

This is a positive scheme and members noted that residential use was the only option for this site due to the current environment.


RESOLVED

(1)  Delegated authority was given to the Assistant Director of Planning & Regeneration to grant planning permission, subject to the conditions within the report and supplementary matters list, and subject to completion of a Section 106 Legal Agreement within three months of the Planning Committee meeting of 26/1/21 to secure:

- The provision of Affordable Housing, on or off-site and / or inclusion/insertion of a viability review [if necessary] to secure maximum benefit with regards affordable housing provision;

- The mitigation of effects on the Special Protection Areas (nitrate mitigation & recreational impact mitigation)

- The provision of a GP surgery in Block A.

 

(2) Delegated authority was granted to the Assistant Director of Planning & Economic Growth to add/amend conditions where necessary.

 

(3)  Delegated authority was given to the Assistant Director of Planning & Regeneration to refuse planning permission if the Section 106 Legal Agreement has not been completed within three months of the date of this resolution.