BIFOHH – Bishopstoke, Fair Oak and Horton Heath Local Area Committee 21 March 2018 Application Number: RM/17/81871 Case Officer: Kitty Budden Received Date: Thursday 9 November 2017 Site Address: St Swithun Wells Church and adjacent land, Allington Lane,

FAIR OAK, SO50 7DB Applicant: C/O Agent Proposal: Reserved matters for appearance, landscaping, layout and

scale, pursuant to the grant of outline planning permission on 18 December 2014 (appeal ref: APP/W1715/A/14/2216921) for the erection of 72 dwellings including associated access, drainage, car parking and cycle storage, refuse storage, boundary treatments, landscaping, play area, open space and ecological areas.

Recommendation: APPROVE the Reserved Matters, subject to completion of a S106 Deed of Variation.

CONDITIONS AND REASONS

1. The development hereby permitted shall be implemented in accordance with the following plans numbered: 16-344-003 Rev B, 16-344-006 Rev B, 16-344-007 Rev B, 16-344-008, 16-344-009, AHL.01 Rev B, BML.01 Rev B, BSC.01.pe Rev A, BSC.02.pe Rev A, CP.pe Rev A, CSE.01 Rev A, DML.01 Rev B, GAP.01 Rev B, GAR.01.p Rev A, GAR.02.pe Rev A, HT.402.e1 Rev A, HT.402.e2 Rev A, HT.402.p Rev A, HT.ELL.e Rev A, HT.ELL.p Rev A, HT.EVE.e1 Rev A, HT.EVE.e2 Rev A, HT.EVE.p Rev A, HT.MO.e Rev A, HT.MO.p Rev A, HT.P.44-47.e Rev A, HT.P.44-47.p Rev A, HT.P.48-49.e Rev A, HT.P.48-49.p Rev A, HT.P.50-53.e Rev A, HT.P.50-53.p Rev A, HT.P.58-61.e Rev A, HT.P.58-61.p Rev A, HT.WYA.e Rev A, HT.WYA.p Rev A, LIN21433 10B, LIN21433 11-Sheet 1, LIN21433 11-Sheet 2, LIN21433 11-Sheet 3, LIN21433 11-Sheet 4, LIND21433, LIND21433 ManDR, LP.01 Rev A, P.1-3.e Rev A, P.1-3.p Rev A, P.12-15.e Rev A, P.12-15.p Rev A, P.12-15.p Rev B, P.20-21_42-43.e Rev A, P.20-21_42-43.p Rev A, P.29-32.e Rev A, P.29-32.p Rev A, P.33-38.e Rev A, P.33-38.p Rev A, P.4-7.e Rev A, P.4-7.p Rev A, P.54-57.e Rev A, P.54-57.p Rev A, P.69-71.e Rev A, P.69-71.p Rev A, P.8-11.e Rev A, P.8-11.p Rev A, R7084-1 Rev 2, SHD.01.pe Rev A, SL.01 Rev D, Sl.03 Rev D. Reason: For the avoidance of doubt and in the interests of proper planning.

2. The development hereby permitted shall comply with the conditions

imposed on the grant of the outline planning permission appeal reference APP/W1715/A/14/2216921 which was permitted on 18 December 2014; and the associated Non-material Minor Amendment permitted on 5 October 2017. Reason: To secure properly planned development.

3. No development shall start until a final landscaping scheme has been

submitted to and approved in writing by the Local Planning Authority. The scheme shall cover all hard and soft landscaping [including trees] and shall provide details of timings for all landscaping and its future management and maintenance. The works shall be carried out in accordance with the approved scheme 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.

4. Notwithstanding condition 5 on the outline permission, no development

shall start until final details for the disposal of foul sewerage from the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. This shall include details regarding the maintenance and management strategies for the site and details of the operation of the management company. The development shall then accord with the approved details. Reason: To ensure satisfactory provision of foul drainage and protect the Solent Complex.

5. Notwithstanding condition 12 on the outline consent, prior to first

occupation, the translocation, mitigation, management and monitoring strategy set out in the Reptile Presence/Likely Absence Survey report, WYG, dated November 2017 shall be accorded with. Reason: To protect and enhance biodiversity.

6. Notwithstanding condition 13 on the outline consent, prior to the first

occupation, the mitigation and management measures set out in the Ecological Appraisal, WYG, dated November 2017, shall be accorded with. Reason: To protect and enhance biodiversity.

7. Notwithstanding condition 14 on the outline consent, no excavation,

demolition or development related works shall commence until evidence has been submitted and approved by the LPA that the tree protection measures have been installed, as detailed in the tree protection plan. Once approved, no access by vehicles or placement of goods, chemicals, fuels, soil or other materials shall take place within the fenced area. Tree protection measures shall be retained in their approved form for the duration of the work. The development must accord with the Arboricultural Impact Assessment ref. LIN21433aia-ams Revision A, dated 13.02.2018, produced by ACD, and may only be modified subject to written agreement from the LPA. This condition may only be fully discharged upon completion of the proposed development, subject to submission of monthly monitoring reports, detailing supervision activity - as stated in Arboricultural Impact Assessment - and inspections of tree protection measures.

Reason: To retain and protect the existing trees which form an important part of the amenity of the locality.

8. Notwithstanding conditions 18 and 19 on the outline consent, prior to

the occupation of any building within each individual phase of the development (or, in accordance with a timetable to be agreed in writing with the Local Planning Authority), as built stage SAP data and as built stage water calculator confirming energy efficiency and the predicted internal mains water consumption to achieve the following shall be submitted to and approved in writing by the Local Planning Authority: • In respect of energy efficiency, a standard of a 19% improvement of dwelling emission rate over the target emission rate as set in the 2013 Building Regulations • In respect of water consumption, a maximum predicted internal mains water consumption of 105 litres/person/day. The development shall not be carried out otherwise than in accordance with the approved details. Reason: To support a comprehensive approach to high quality design across the site; in line with the guidance set out in the Government’s Ministerial Statement of 25 March 2015 which states that Local Planning Authorities should, from the date of its publication, take into account the government’s intentions in the statement “and not set conditions with requirements above a Code level 4 equivalent”.

9. Notwithstanding amended condition 20 of the outline consent, prior to

first occupation the development shall accord with the Great Crested Newt mitigation, management and monitoring strategy, as set out in the Great Crested Newt Mitigation Strategy, WYG, dated November 2017. Onsite habitat shall be created as set out in the strategy and shall be retained for that purpose. Reason: To protect Great Crested Newts.

10. The garages hereby approved shall only be used for the purpose of parking private motor vehicles in connection with the residential use of the property and shall not, at any time, be used for living accommodation, business, commercial or industrial purposes. Reason: To ensure the adequate provision of on-site parking for the purpose of highway safety.

Note to Applicant: In accordance with paragraphs 186 and 187 of the National Planning Policy Framework, Eastleigh Borough Council takes a positive approach to the handling of development proposals so as to achieve, whenever possible, a positive outcome and to ensure all proposals are dealt with in a timely manner.

Report: This application has been referred to Committee at the request of Local Members. The site and its surroundings The application site is located in a semi-rural, edge of settlement location to the south of the settlement of Fair Oak, situated on the east side of Allington Lane, approximately 300 metres south of the road junction with Fair Oak Road; and south of Dean Road. The site is L-shaped with the ‘L’ orientated north-east and south-west. The site area is approximately 2.92 hectares (7.21 acres) and comprises an area of rough grassland, with scattered trees and shrubs present. Mature hedgerows and trees form the north-eastern, western and eastern boundaries. Generally the application site falls away towards the southern and eastern boundaries. St Swithun Wells Church is located within the northern corner of the site and sits in an open, grassed area. The church building is a late 1970’s structure, of a single storey brick construction with low roof pitches. The roofs are duo-pitched with a raised centre section over the main meeting area of the church. Vehicular access to the site is via a single point off Allington Lane which serves the development site, the Catholic Church, Kings School and Rockford House, to the south of the school, which contains ten flats. Car parking for the church is currently provided to the east of the church building. The south-westerly section of the site, opposite the church, is an open grass field with mature tree screening along all boundaries. Immediately to the north is the residence of Elgin Lodge and its curtilage. Running along the northern boundary of this property, and adjacent to the mature tree belt that forms the northern boundary to the development site, is Public Footpath 1a, which links with Allington Lane to the west and extends through the woodland and open spaces to the east. To the north of this path, is a 1970’s residential development consisting of link, detached, semi-detached and terraced two storey dwellings with garage court parking, integral garages and on-plot parking provision. Immediately adjacent in the north east corner is Anfield Court which is a low-rise flatted development with garage court to the east. To the south-east of the application site is Kings School, an independent day school that was opened in1987. The school occupies the site of the former Saviour’s Convent (formerly Fair Oak Lodge) and has added to the original buildings as the school has grown. To the east is open countryside including Quobleigh Pond Woods, designated a Site of Importance for Nature Conservation (SINC). Adjacent to Kings School on the southern boundary fronting Allington Lane is Treetops garden nurseries. Finally, Allington Lane forms the western boundary of the application site and beyond is open countryside.

Description of Application The application comprises a Reserved Matters scheme for appearance, landscaping, layout and scale, pursuant to the grant of outline planning permission on 18 December 2014 (appeal ref: APP/W1715/A/14/2216921) for the erection of 72 dwellings including associated access, drainage, car parking and cycle storage, refuse storage, boundary treatments, landscaping, play area, open space and ecological areas. The matter of access was granted at outline stage and therefore is not a reserved matter for consideration now. The application is accompanied by a location plan, site layout plan, street elevation, floor plans and elevational drawings, landscape masterplan and soft landscape proposals; together with the following reports and technical assessments which have been updated as necessary throughout the course of the application:

Planning Statement;

Design and Access Statement;

Statement of Community Involvement;

Arboricultural Impact Assessment and Method Statement;

Noise Impact Assessment;

Drainage Strategy;

Levels Strategy;

Refuse Vehicle Tracking;

Private Car Tracking;

Technical Note;

Fire Tender Tracking;

Great Crested Newt Mitigation Strategy;

Ecological Appraisal;

Reptile Report.

The proposal has been screened out under the Town and Country Planning (Environmental Impact Assessment) (England) Regulations 2017 due to its scale being significantly under the thresholds set out in Schedule 2. The LPA concludes that an Environmental Statement is not required. Screening was also undertaken to establish whether a Habitat Regulations Assessment is required. It was concluded that, with the mitigation proposed and conditions to control impacts, no significant likely impacts on any European Designated sites would occur as a result of the development and a full HRA is not required. Relevant Planning History There are a number of historic applications and tree work approvals across the site. Of most relevance to this reserved matters application is:

O/13/72471: Application seeking outline planning permission for up to 72 dwellings including new junction with Allington Lane, pedestrian links and reconfiguring of existing Church car park. All matters aside from access were reserved. Planning permission was refused on the 16th October 2013 and an appeal subsequently lodged with the Planning Inspectorate on 15th May 2014. On 18th December 2014, this appeal was allowed and permission granted for the scheme, subject relevant planning conditions, including the submission of reserved matters pertaining to layout, scale, external appearance and landscaping within three years of the date of the outline consent. In October 2017, approval was given for a Non-material Minor Amendment to amend the wording of condition 20 (Great Crested Newt mitigation, management and monitoring strategy). Currently under consideration, is an outline planning application for the demolition of the existing dwelling; the erection of up to 50 no. dwellings, landscaping, open space, parking, highways works, alterations to the existing access and other associated infrastructure at Fair Oak Lodge to the south (O/17/81864). Representations Received 3 letters of objection and 3 letters of comment have been received from 6 properties. These raise a number of matters, as summarised below:

Question the benefit of retaining four pines directly opposite Dean Rd properties – concerns regarding possible impact on root stability due to proposed construction works and future use of the site;

Concerns regarding the loss of pine trees along Dean Rd boundary and question reasoning for their removal;

3 storey properties overlook properties in Dean Rd in most sensitive location; Juliette balconies face existing properties;

3 storey properties out of keeping with character of area;

Additional screening required to soften impact of 3 storey buildings;

Additional pressure on existing highways and increased air pollution;

Additional pressure on doctor’s surgery. Consultation Responses (summarised) Environmental Health Specialist (Noise) Condition 6 of the planning consent granted by appeal only deals with noise from the St Swithuns Church and the Kings School, contrary to the original advice that transportation noise was also a relevant constraint. The Acoustic report does however, make reference to transportation noise and so I will comment on the layout in this regard also, although, it is not clear in the circumstances, if that is a material consideration for the layout.

St Swithun’s Church There are no particular strong indicators that noise from this source would be expected to be so significant so as to be a particular consideration for layout on the site. I have supplemented the consultant’s findings by reviewing the premises licence database and confirmed that they do not have a premises licence or similar listed. The Kings School Overall, I agree with the consultant that the primary issue is noise from the playground, but also from the playing fields. Noise from this type of source does attract complaints from time to time in other areas and can damage residential amenity. It is best to separate such uses from residential use, but that is not possible given the approved density of residential use and constraints for developing the site. As such, I consider that there is a residual risk of adverse impact especially within properties close to the boundary of this area. Request further information regarding the location of the proposed acoustic barriers. Some improvements to the layout could benefit amenity. The proposal is however perhaps marginally better than the indicative layout presented at outline stage. In conclusion, provided you do not consider a more fundamental re-working of the layout is desirable, the provision of acoustic barriers as described is probably the best outcome that can now be achieved at this stage. Road Transport A number of comments and improvements are provided regarding transport noise and layout. In summary, the layout presented (with the exception of Plot 72) is better overall in respect of transportation noise than the plan presented at outline stage, although there is not much evidence that acoustic considerations have influenced the current proposal and it is not particularly well conceived from an acoustic perspective.

Direct Services – No objection.

Housing Enabling Specialist - The S106 requires the site to deliver 35% affordable housing, which is acknowledged in the supporting information.

The required tenure split is 65% affordable rent and 35% shared ownership. The homes allocated to LCHO will need to be agreed as the scheme progresses based on demand and also affordability. Please note that the 2No1BF would be allocated to rent. The Pepper-potting of the units as currently shown is acceptable.

As acknowledged in the Planning Statement the affordable dwellings must be built to Lifetime Homes Standards in line with our Affordable Housing SPD. There is also a requirement for 1No home to be provided to wheelchair standards which has been designed in. Some minor design tweaks advised

for the disabled access unit. Parks and Open Spaces Manager – The Council’s preferred option is that all Public Open Space is transferred to the Council as per the S106 agreement.

Play area is central to the site which is positive. Do have concern that the main access to the play area is on a bend. Therefore recommend that traffic speed restriction measures along with signage is designed in to the road layout.

As per the requirement of the council, the minimum standard for a children’s play area is the LEAP standard and all equipment, Impact Absorbing Surfacing and associated facilities of the play area will be chosen with consultation with the community to fit in with the natural environment.

HCC Archaeology – No formal comments to be provided, as no archaeological condition imposed at outline. HCC Education – No further comments. HCC Countryside Access – No comment received. Hampshire Garden Trust – No comment received. Fair Oak and Horton Heath Parish - No Objections – Members made the following comments – concerns of ongoing traffic at the junction of Allington Lane. Requested junction improvements. West Hampshire CCG HealthcareTrust – No comments received. Southern Gas- No comments received. Airside Operations - The proposed development has been examined from an aerodrome safeguarding perspective and does not conflict with aerodrome safeguarding criteria. We therefore, have no objection to this proposal. Given the nature of the proposed development it is possible that a crane may be required during its construction and attention should be drawn to the guidance regarding safe practice near an aerodrome. Natural England – Natural England has already provided advice on Great Crested Newt (GCN) mitigation at the pre-application stage earlier this year via its Discretionary Advice Service (DAS). In summary, no objection - subject to appropriate mitigation being secured through conditions securing the proposed mitigation and enhancement strategies; and a Construction Environment Management Plan. Hampshire and Isle of Wight Wildlife Trust – no comments received.

Southern Water - No objections to the proposed matters relating to appearance, layout and scale of the development. It is our requirement however that the proposed surface water outfall is not located within the existing 7 metres easement of the public critical 24 inch water trunk main. Any works (groundworks, paving, ground level changes, provision of utilities, planting) within the 7 metres easement of the existing water trunk main will require Southern Water approval and shall be carried out in accordance with agreed details. The proposed onsite foul and surface water drainage is not adoptable by Southern Water as does not meet the standards that would be reasonably required by Southern Water and therefore a management and maintenance strategy should be implemented. The comments in our previous responses remain valid for the above reserved matter application and appropriate drainage conditions should be imposed on the planning approval as initially requested. Southern Electric – Advise that LV equipment is present on site. EBC Transportation and Engineering - The general layout of the site looks to be acceptable, however some minor changes required. Some concerns regarding a parking shortfall on-site. EBC Tree Services - Having considered the documents, we can confirm that we raise no arboricultural objection to the proposed reserved matters application. The loss of Pines T20-T23, T30, T31 & T33 is unfortunate, however I agree with the report that these trees are no longer viable; there is already a good mix of younger trees growing below that will quickly replace them so that screening can be maintained and in time provide a more sustainable and beneficial woodland environment. The site will require regular monitoring to ensure that Tree Protection measures, arboricultural standards and specifications are met. Recommend appropriate conditions are imposed. Environment Agency - No objection to the proposed development as submitted. Policy Context: Designation Applicable to Site

Outside Built-up Area Boundary

Partially within Site of Nature Conservation Interest (Quobleigh Pond and Woods)

Within HRA Screening Area

Part of Historic Park and Garden (Lakesmere House School)

Partially within HCC Minerals Consultation Area

Part of Special Policy Area (Reserve Housing Site)

Group Tree Preservation Order National Planning Policy Framework The National Planning Policy Framework (NPPF) states that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. Para 14 sets out a general presumption in favour of sustainable development and states that development proposals which accord with the development plan should be approved without delay. Where the development plan is absent, silent, or relevant policies are out-of-date planning permission should be granted unless the adverse impacts of the development would outweigh the benefits; or specific policies in the Framework indicate development should be restricted (paragraph 14). 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. Three dimensions of sustainability given in paragraph 7 are to be sought jointly: economic (supporting economy and ensuring land availability); social (providing housing, creating high quality environment with accessible local services); and environmental (contributing to, protecting and enhancing natural, built and historic environment) whilst paragraph 10 advises that plans and decisions need to take local circumstances into account, so they respond to the different opportunities for achieving sustainable development in different areas. Paragraph 17 sets out 12 core planning principles. National Planning Practice Guidance Where material, this guidance on air quality, good design, material considerations, flood risk, contamination, noise, open space, recreational facilities, natural environment, planning obligations, travel plans, transport assessments, water supply and wastewater provision should be afforded weight in the consideration of planning applications. Development Plan Saved Policies and Emerging Local Plan Policies At the current time the Development Plan for the Borough comprises the Eastleigh Borough Local Plan Review (2001-2011) and the Hampshire Minerals and Waste Plan (October 2013).

The site is not within a Minerals Safeguarding Area, therefore the Minerals and Waste Plan is not directly relevant to the scheme being considered. Saved Policies of the Adopted Eastleigh Borough Local Plan Review 2001-2011 The key policies of the adopted local plan are:

1.CO – Development in the countryside

18.CO – Impact on landscape character

19.CO – Impact on locally important landscape features

22.NC – Protection of Sites of Special Scientific Interest (SSSIs)

23.NC – Protection of Sites of Importance for Nature Conservation (SINCs)

24.NC – Protection of protected species

25.NC – Promotion of biodiversity

26.NC – Enhancement of habitats of nature conservation importance

28.ES – Waste collection and storage

30.ES – Noise-Sensitive Development

31.ES – Design criteria to protect residential development from noise

34.ES – Requirement to reduce greenhouse gases

35.ES – Contaminated land

36.ES – Lighting

37.ES – Sustainable development requirements

41.ES – Protection of watercourses and areas of wildlife/landscape importance

42.ES – Watercourses and storage of water

43.ES – Protection for areas at risk of flooding

45.ES – Sustainable drainage requirements

59.BE – High quality design

62.BE – Access for people with disabilities

63.BE – Car park design

66.BE – Information and communications technology

72.H – Development density

73.H – Appropriate mix of dwelling types

74.H – Affordable Housing requirements

81.H – Reserved housing site

83.H – Fair Oak Lodge/Quobleigh Pond development criteria

100.T – Sustainable transport

102.T – Safe accesses

104.T – Off-highway parking

147.OS – Public Open Space provision

177.LB – Impact on historic park and garden

186.IN – Provision of community facilities

190.IN – Infrastructure provision Submitted Eastleigh Borough Local Plan 2011-2029

The Eastleigh Borough Local Plan 2011-2029 was submitted for examination in July 2014 but the Inspector concluded that insufficient housing was being provided for in the Plan and that it was unsound. While this has not been withdrawn and remains a material consideration, it can therefore be considered to have extremely limited weight in the determination of this application. Emerging Eastleigh Borough Local Plan 2011-2036 The Council is well advanced in the drafting of a new emerging Local Plan for the Period 2016 – 2036. The Pre-Submission publication stage (Regulation 19) is programmed for June/July 2018 and submission to the Secretary of State for October 2018. The adoption of the Local Plan is anticipated in May 2019. Given the status of the Plan, it is considered that very limited weight can be attributed to it. This site is recognised as having potential as a housing development site in the emerging Local Plan, in draft policy FO3. Supplementary Planning Documents

Supplementary Planning Document: Quality Places (November 2011)

Supplementary Planning Document: Biodiversity (December 2009)

Supplementary Planning Document: Residential Parking Standards (January 2009)

Supplementary Planning Document: Environmentally Sustainable Development (March 2009)

Supplementary Planning Document: Planning Obligations (July 2008, updated 2010)

Supplementary Planning Document: Affordable Housing (July 2009) Other Relevant Documents

Biodiversity Action Plan for Eastleigh Borough 2012-22

Public Art Strategy Assessment of Proposal: Development Plan and/or Legislative Background Section 70(2) of the Town and Country Planning Act 1990 and Section 38(6) of the Planning and Compulsory Purchase Act 2004 require a local planning authority determining an application to do so in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan in this case comprises the saved policies of the Eastleigh Borough Local Plan Review 2001-2011.

Principle of Development The principle of development on this site was established as being acceptable at appeal in 2014, when outline planning permission was granted for the construction of up to 72 dwellings, including a new and an amended junction with Allington Lane, new pedestrian links and the reconfiguration of the existing Church car park at St Swithun Wells Church. The extant outline permission required submission of the reserved matters detail within three years of the date of the appeal decision, which are the subject of this application and cover the following matters: a) Layout of the site; b) Scale of the buildings; c) External appearance of the buildings; d) Landscaping of the site. Sustainable Development The NPPF is a significant material consideration when assessing planning applications. It sets out the requirement to achieve sustainable development (para. 6) and carries a presumption in favour of sustainable development as a ‘golden thread’ that runs through the Framework, (paras. 14/186/197). Sustainable development is defined as containing three dimensions, those of economic, social and environmental sustainability. These dimensions should not be undertaken in isolation as they are mutually dependent and therefore the application is assessed against all three headings, (paras. 7 and 8). It also states that when determining applications those that accord with the development plan should be approved without delay. Where the development plan is absent, silent or the relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF as a whole; or where specific policies in the NPPF indicate development should be restricted. In this case, it is the Council’s view (as discussed in part above) that the relevant policies remain up-to-date and accord with the NPPF. The application has been considered on that basis. Each of the three dimensions of sustainable development is considered below. Economic Sustainability: One of the core planning principles of the NPPF (paragraph 17) is to proactively drive and support sustainable economic development to deliver, amongst other things, the homes that the country needs. During the construction phase, the site will make some contribution to the wider area in terms of construction jobs and related industries and there will be some benefit to the local area from construction workers using local facilities, although this is likely to be small. As with any new housing, the proposed development will bring people into the area which will be a continuing

economic benefit that would support growth in the local economy. A New Homes Bonus may also be paid. In addition, the S106 legal agreement secured under the outline permission delivers financial contributions to offset certain impacts of the development, such as transport contributions towards improvements in the local network and contributions towards the provision of enhanced community infrastructure. Social Sustainability: The development contributes an appropriate mix of dwelling size, type and tenure. As per the signed legal agreement secured at outline, 35% on-site affordable housing will be delivered. The legal agreement provides a commitment to make financial contributions to improvements to local infrastructure. The proposal makes provision for some public open space and provides for a play area on site. Education: At the outline stage, the signed legal agreement secured a financial contribution towards infant school provision in the locality. Environmental Sustainability: There are a number of different components to Environmental Sustainability, including consideration of site-specific planning matters and the impacts of the development on its surroundings and local infrastructure, which are considered below under the relevant subheadings. These are considered in the context of this being a reserved matters application. Layout and Design: The proposed layout broadly accords with the approved plan listed in Condition 2B of the appeal decision (plan reference 2680-12 Revision A) and is generally consistent with the Indicative Masterplan (reference 2680-18-Rev A) that the Council accepted, in the Appeal ‘Revised Statement of Common Ground’ dated 14th November 2014, could demonstrate how the development might be accommodated on-site while addressing the constraints of the site. The layout takes account of the constraints on site, including a large water main passing through the length of the site with a 14m wide easement. This significantly constrains the location of development and largely dictates the layout. The layout provides for retention of significant trees and boundary screening; an area of habitat for Great Crested Newts to the eastern end of the site; green spaces and buffers to significant trees and woodland; and a play area located roughly central in the site. The scheme has been designed to provide articulation and variation within the street scene; and provides a mix of

housing types and heights. A mixture of on-plot and courtyard parking is provided. Pedestrian links are provided from the southern element of the site towards the church and play area; and from the northern element of the site towards Dean Rd (adjacent to Plot 1) and the north-east corner towards the Quobleigh Pond woodland. The building height varies from single storey for garage structures and two storeys for the majority of dwellings, to two and a half and three storeys for a smaller number of properties. The three-storey town house element has been provided along the northern side of the site towards Dean Rd. This element has led to some objections from residents in Dean Rd with concerns regarding overlooking and privacy. The dwellings are separated from the front of the Dean Rd properties by between 64-78m. This far exceeds the distance recognised as providing ‘reasonable privacy’ set out in the Quality Places SPD intended for ‘back-to-back’ separation of the private, rear elevations and gardens. (Guidance is not provided for the ‘public’ front of properties.) In addition, a tree screen and the public highway sits between these properties. The majority of properties meet the Council’s requirements for garden sizes, with 4 plots falling below the 60% requirement, the smallest of which being 49%. While not desirable, given the constraints of the site and the existing outline consent, it is considered acceptable in this case. In accordance with the requirements of the Saved Policy 74.H and the provisions of the adopted Affordable Housing SPD, the affordable housing is distributed across the site as required by the Council and in a form and mix that reflects in general terms that proposed for the private housing. Access and Highways: The location of the accesses to the site were approved as part of the outline permission and are shown on the approved Site Plan, reference 2680-18-Rev A. The Council’s Transportation and Engineering unit have commented that the sketch layout plan indicates two access points from Allington Lane (Drawing LIND160628 SKL-02 Rev A) in the form of standard priority junctions. This is acceptable, subject to detailed design to adoptable standards. While the previously approved plan indicates an emergency access through the proposed church car park, it is not considered that this is an essential requirement of the scheme. There is an additional requirement for the existing footpath at the front of the site along Allington Lane and within the red line of the site to be widened between the existing access to the site and the crossing near to the junction of Dean Road. This is to provide a 3m wide shared pedestrian/cycle way that would link into the pedestrian/cycle way on the opposite side of the road that is to be secured as part of the North West of Horton Heath/Fir Tree Lane development and provide continuous footpath/cycleway links to Bishopstoke and the facilities therein. As part of the works to connect these

pedestrian/cycle ways, a refuge will be required within Allington Lane. It is noted that the S106 legal agreement associated with the outline permission secures a financial contribution towards Sustainable Integrated Transport measures, of which this refuge may form part. Access to both the Church and Kings School would be retained. Parking: The concerns raised by Transportation and Engineering Specialists in relation to informal visitor parking which have been addressed through the submission of amended plans. Previously allocated parking spaces have been changed to unallocated, thereby reducing the visitor parking requirements. Additional visitor’s spaces have also been provided through minor revisions to the scheme making more efficient use of space. As such, it is considered that the parking strategy now satisfactorily addresses the needs of the development. Parking has also been provided for the Church, as required as a result of this development. Landscaping, Ecological and Trees: The proposed layout demonstrates retention of the key mature trees within the site, together with the existing hedgerows along the boundary with The Kings School and adjoining land, and the existing tree screen along the boundary with Dean Road and Allington Lane. Six pine trees are identified for removal along the northern edge. The Council’s Tree Services Manager has confirmed there is no objection to their removal and compensatory tree planting will be carried out. The retained and enhanced hedgerows and tree screens provide visual screens between the existing and proposed development and are ecologically valuable. The scheme has taken account of key mature and significant trees within the site and has retained them. The proposed landscape scheme takes account of the ecological of the site and buffers are proposed to the significant trees, and woodland. The scheme provides ecological enhancements through the use of wildlife friendly plant species. An objection regarding the impact on the planting along the boundary with Kings School has been received and it is considered the final landscape design can be conditioned to allow for this area to be reviewed if appropriate. At outline stage, a condition requiring terrestrial surveys for Great Crested Newts (GCN) was imposed by the Planning Inspector and replacement habitat to be provided. However, terrestrial surveys are no longer a recommended approach and discussions have been ongoing with Natural England over an extended period to agree the most appropriate approach. As a consequence of these discussions, a Non-material Minor Amendment application was made to the Council to vary the wording of the imposed condition. This revised condition required the submission of a Great Crested Newt Mitigation,

Management and Monitoring Strategy, informed by appropriate surveys, to be submitted with the first Reserved Matters application. A strategy has been submitted as part of this application and Natural England has confirmed they have no objection, subject to securing the measures through the use of a condition. A variation to the S106 is also required, to enable the scheme to deliver off-site GCN mitigation through the changes to the management of land in Fair Oak and Horton Heath Parish Council, at Lapstone Farm. The Parish Council have confirmed their agreement to this approach. Land Contamination and Noise: Following additional ground gas monitoring undertaken prior to the planning inquiry for the outline application, the Council was satisfied that mitigation of ground gas was possible and therefore could be addressed through the imposition of conditions requiring further ground gas monitoring which would enable the appropriate level of mitigation and protection of buildings to be formulated (Conditions 7A and 7B of the outline planning permission). This matter will be resolved through the discharge of condition process. Following negotiations between the Appellant and the Council prior to the planning inquiry, it was agreed that an appropriately worded condition could be imposed to ensure noise considerations were taken account of in the design of the site layout (Condition 6 of the outline planning permission). This condition required that noise impact arising from The Kings School and St Swithun Wells Church be assessed and mitigated. Road noise was not required to be addressed. The Council’s Environmental Health Specialist has reviewed the scheme and provided comments in relation to noise impacts. As a result of these, the applicant has made some amendments to the scheme, primarily around boundary treatments to certain plots. While further recommendations were made, changes to meet these would detrimentally impact the scheme in other ways. On balance, and taking account of the requirements of the condition imposed by the Planning Inspector at outline and the site constraints, it is considered that noise is adequately addressed by the scheme. Drainage and Flood Risk: Submission and approval of a drainage strategy for surface water and foul water disposal is dealt with through conditions imposed on the outline consent (conditions 3c and 5). No objection has been raised by Southern Water in relation to the submitted reserved matters and they have confirmed there is capacity within their systems. Southern Water have confirmed that they would not adopt the foul water and surface water disposal schemes as they do not meet their adoptable standards. A management company will be put in place to manage this

infrastructure and details of the management and maintenance of the systems and the operation of the management company will be submitted under the outline conditions. Sustainability Measures: The NPPF (paragraphs 95-99), Saved Policies 34.ES and 37.ES of the Local Plan, and emerging Policies S1, DM2 and DM3 of the submitted Local Plan require development to be sustainable in terms of resource use, climate change and energy use. The outline consent imposed a condition requiring the scheme to meet Code for Sustainable Homes Level 4. This will be dealt with through the discharge of condition process. Planning obligation /considerations As part of the outline consent, a S106 legal agreement was completed, therefore no further action is required at this reserved matters stage. The obligations secured within the legal agreement will be delivered as the development comes forward, as per the triggers set out in it. A Variation to the S106 agreement is, however, required to allow for off-site Great Crested Newt mitigation. Conclusion This application comprises the reserved matters of layout; scale; external appearance and landscape, related to the outline consent granted at appeal in 2014. The principle of development and access was accepted at outline stage. Due to the constraints of the site, some compromises have had to be reached, however on balance, the proposed scheme is considered to take account of the constraints of the site and the Council’s guidance in relation to high quality development. The scheme is therefore considered to accord with local and national policy and it is recommended that reserved matters approval be granted, subject to necessary conditions and the Section 106 variation, as set out.