08/06/2015 applications recommended for decision · report and (iii) referal of the application to...

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08/06/2015 APPLICATIONS RECOMMENDED FOR DECISION DECISION BY HORTON HEATH DEVELOPMENT MANAGEMENT COMMITTEE Monday 08 June 2015 Case Officer Andy Grandfield SITE: Chalcroft Farm and land west of Horton Heath, Burnetts Lane, Eastleigh, Southampton, SO30 2HU Ref. O/14/75735 Received: 19/12/2014 (31/07/2015) APPLICANT: Horton Heath Ltd and Robert Owton, Robert Marsh PROPOSAL: Outline application for up to 950 dwellings and associated road and parking infrastructure, including public open space, indicative landscaping, drainage, the construction of new accesses onto Burnetts Lane and Fir Tree Lane, the realignment of Fir Tree Lane, a new access road from Bubb Lane, the realignment and resurfacing of Public Rights of Ways, creation of new Public Rights of Way, footpaths and cycle links, the construction of utilities infrastructure, a Primary School (3FE), a Secondary School (8FE), a village centre (at Chalcroft Farm) including change of use of existing farm buildings (A3, A4 (with ancillary accommodation), A5, employment uses) and a local centre including a community building (A1, A3, A5 and D1), approximately 6ha of employment uses (B1(b/c), B2 and B8). The development proposal to incorporate the demolition and/or conversion/change of existing buildings (non-listed) at Chalcroft Farm. Detailed matter for determination access (all other matters reserved - scale, appearance, landscaping and layout). This application is a major application, is the subject of an Environmental Impact Assessment, a departure from the development plan and affects a Right of Way. AMENDMENTS: 6 May 2015 RECOMMENDATION: Subject to (i) consideration of the final comments and subsequent recommended conditions from HCC Highways, Highways England, Fair Oak & Horton Heath Parish Council, Hedge End Town Council and the Government Pipeline Agency on the revised parameter and access plans; (ii) securing a signed section 106 agreement as set out in the

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Page 1: 08/06/2015 APPLICATIONS RECOMMENDED FOR DECISION · report and (iii) referal of the application to the National Planning Casework Unit. GRANT OUTLINE PERMISSION CONDITIONS AND REASONS:

08/06/2015 APPLICATIONS RECOMMENDED FOR DECISION DECISION BY HORTON HEATH DEVELOPMENT MANAGEMENT COMMITTEE Monday 08 June 2015 Case Officer Andy Grandfield

SITE: Chalcroft Farm and land west of Horton Heath, Burnetts

Lane, Eastleigh, Southampton, SO30 2HU Ref. O/14/75735 Received: 19/12/2014 (31/07/2015) APPLICANT: Horton Heath Ltd and Robert Owton, Robert Marsh

PROPOSAL: Outline application for up to 950 dwellings and

associated road and parking infrastructure, including public open space, indicative landscaping, drainage, the construction of new accesses onto Burnetts Lane and Fir Tree Lane, the realignment of Fir Tree Lane, a new access road from Bubb Lane, the realignment and resurfacing of Public Rights of Ways, creation of new Public Rights of Way, footpaths and cycle links, the construction of utilities infrastructure, a Primary School (3FE), a Secondary School (8FE), a village centre (at Chalcroft Farm) including change of use of existing farm buildings (A3, A4 (with ancillary accommodation), A5, employment uses) and a local centre including a community building (A1, A3, A5 and D1), approximately 6ha of employment uses (B1(b/c), B2 and B8). The development proposal to incorporate the demolition and/or conversion/change of existing buildings (non-listed) at Chalcroft Farm. Detailed matter for determination access (all other matters reserved - scale, appearance, landscaping and layout). This application is a major application, is the subject of an Environmental Impact Assessment, a departure from the development plan and affects a Right of Way.

AMENDMENTS: 6 May 2015

RECOMMENDATION: Subject to (i) consideration of the final comments and subsequent recommended conditions from HCC Highways, Highways England, Fair Oak & Horton Heath Parish Council, Hedge End Town Council and the Government Pipeline Agency on the revised parameter and access plans; (ii) securing a signed section 106 agreement as set out in the

Page 2: 08/06/2015 APPLICATIONS RECOMMENDED FOR DECISION · report and (iii) referal of the application to the National Planning Casework Unit. GRANT OUTLINE PERMISSION CONDITIONS AND REASONS:

report and (iii) referal of the application to the National Planning Casework Unit. GRANT OUTLINE PERMISSION

CONDITIONS AND REASONS: (1) The development hereby permitted shall be implemented in accordance

with the following plans numbered: SK001 Rev A, SB001 Rev D, MP001a Rev J, E/001, E/002c, E/003c, E/004c, E/005c, E/006c, E/007c, E/008c. Reason: For the avoidance of doubt and in the interests of proper planning.

(2) The permission hereby granted in an outline permission and an application

for the approval by the Local Planning Authority of the following reserved matters (for at least the first phase of development) must be made no later than the expiration of one year beginning with the date of this permission: a) layout b) scale c) appearance d) landscaping of the site The development shall accord with the approved details. Reason: To enable the Local Planning Authority to control the development in detail, encourage delivery and comply with Section 92 of the Town and Country Planning Act 1990 (as amended)

(3) The development hereby permitted shall be begun before the expiration of

1 year from the date of the approval of the first Reserved Matters Application. Reason: To enable the Local Planning Authority to control the development in detail, encourage delivery and comply with Section92 of the Town and Country Planning Act 1990 (as amended)

(4) Plans and particulars showing the detailed proposals for all the following

aspects of the development (the reserved matters) must be submitted to and approved in writing by the Local Planning Authority in respect of each phase of development before that phase of the development is commenced: a) appearance b) landscaping c) layout d) scale

The development must then accord with these approved details.

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Reason: In order that these matters may be considered by the Local Planning Authority.

(5) Prior to the approval of the first reserved matters application, a detailed

design code for the development shall have been submitted to and approved in writing by the local planning authority. The detailed design code shall demonstrate how the objectives of the Design and Access Statement will be met, and shall take account of the drawings referred to in Condition 1 above. The development hereby permitted shall be carried out in accordance with the approved design code unless otherwise agreed, in writing with the Local Planning Authority. The design code shall include the following : a) principles for determining quality, colour and texture of external materials and facing finishes for roofing and walls of buildings and structures including opportunities for using locally sourced, low embodied carbon and recycled construction materials; b) sustainable design and construction, in order to achieve a BREEAM Communities 'excellent' standard for the whole development; the equivalent of Code for Sustainable Homes Level 4 for energy and water for residential buildings and an ‘Excellent’ (BREEAM) New Construction rating for non residential buildings, maximising passive solar gains, natural ventilation, water efficiency measures and the potential for home composting and food production c) built form strategies to include density and massing, street grain and permeability, street enclosure and active frontages and relationships between buildings; d) principles for hard and soft landscaping including the inclusion of existing important trees and hedgerows e) structures including street lighting, floodlighting and boundary treatments for commercial, community, educational and residential premises; street furniture and play equipment f) design of the public realm, including layout and design of squares, areas of public open space, areas for play and allotments. g) Open space needs including sustainable drainage h) Conservation of ecological interests i) A strategy for the hierarchy of streets and spaces j) Alignment, width of and surface materials including quality, colour and texture proposed for all footways, cycleways, bridleways, roads and vehicular accesses to and within the site and individual properties k) On and off-street residential and commercial vehicle parking and loading areas l) Cycle parking and storage m) Waste and recycling bin storage and collection n) Means to discourage casual parking and encourage parking only in designated areas o) Integration of strategic utility requirements, landscape and street tree planting and highway design and planting of parking areas p) refuse requirements. Reason: To ensure a comprehensive approach to high quality design across the site.

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(6) Plans and particulars showing the proposals for all the following aspects

for each phase of development in accordance with the Design Code approved pursuant to condition 5 (where applicable) must be submitted to and approved in writing by the Local Planning Authority before that phase of the development is commenced. The development must then accord with these approved details for that phase:

(a) The provision to be made for street lighting and/or external lighting. (b) Details of rainwater goods. (c) Details and location of meter boxes. (d) Colours and materials for fascias and soffits. (e) Balcony details. (f) Details of chimneys. (g) Proposed ground levels and relationship to existing levels both within the site and on immediately adjoining land. (h) The alignment, height, design and materials of all walls, fences and other means of enclosure. (i) The ground floor levels above ordnance datum of all buildings. (j) The provision of street trees. (k) Any green roofs. (l) Window details and designs. (m) The provision to be made for the storage of refuse.

The development shall not be occupied until the approved details have been fully implemented, unless agreed in writing by the Local Planning Authority. Reason: In order that these matters may be considered by the Local Planning Authority.

(7) No development shall start until details and samples of all external facing

and roofing materials in respect of buildings within each phase of development must be submitted to and approved in writing by the Local Planning Authority before that phase of development commences. The development of that phase must then accord with these approved details. Reason: To ensure that the external appearance of any building is satisfactory.

(8) A detailed strategy for the proposed disposal of foul and surface water

(including a programme for implementation) shall be submitted to and approved in writing by the Local Planning Authority before the commencement of the development hereby permitted. Each phase of the development must demonstrate compliance with this strategy and the development shall not be carried out otherwise than in accordance with the approved strategy and details. Reason: To ensure satisfactory provision of foul and surface water drainage.

(9) No development shall take place until a surface water drainage scheme for

the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has

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been submitted to and approved in writing by the Local Planning Authority. The drainage strategy should demonstrate the surface water run-off generated up to and including the 100 year critical storm, including an allowance for climate change, will not exceed the run-off from the undeveloped site following the corresponding rainfall event. Each phase of the development must demonstrate compliance with this strategy and the development shall not be carried out otherwise than in accordance with the approved strategy and details. Those details shall include:

(i) information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; (ii) a timetable for its implementation; and

(iii) a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable urban drainage scheme throughout its lifetime.

Reason: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance.

(10) No development shall take place until a landscape management strategy,

including long-term design objectives, management responsibilities and maintenance schedules for all landscaped areas (except privately owned domestic gardens), been submitted to and approved in writing by the local planning authority. Each phase of the development must demonstrate compliance with this strategy through the submission of a landscape management plan and the development shall not be carried out otherwise than in accordance with the approved strategy and details.

The strategy and plan shall include the following elements:

- detail extent and type of new planting (NB planting to be of native species) - details of maintenance regimes - details of any new habitat created on site - details of any new wetlands/SUDs created on site and their future management - details of treatment of site boundaries and/or buffers around water bodies - details of management responsibilities.

Reasons: This condition is necessary to ensure the protection of wildlife and supporting habitat found on the site and to secure opportunities for the improvement of wildlife corridors and wider enhancement of the nature conservation value of the site in line with national planning policy.

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(11) No development shall start until a site wide green infrastructure strategy, has been submitted to, and approved in writing by, the Local Planning Authority. The strategy shall detail the extent and nature of the natural habitat, open space and corridors within the network. The network should incorporate all open space within the development and extend into the urban area via wildlife corridors and other enhancements. The strategy should be overarching, referencing all the species specific strategies and providing details relating to overall habitat connectivity within the network and any requirements above that provided for mitigation. The final green infrastructure should be multifunctional and provide gains for wildlife and the human population in line with national policy. Reason To ensure provision of a fully connected, multifunctional green infrastructure that can be access by the population and nature.

(12) No development shall start until a badger mitigation strategy (to avoid,

mitigate or compensate impacts of the development in relation to sett closures and disruption of foraging corridors) has been submitted to, and approved in writing by, the Local Planning Authority. The strategy must include:

- Buffering of the sett on the north east boundary and protection from disturbance - Retention of a proportion of the disused setts on site and mitigation for any setts lost - Provision of linkages between retained setts and mitigation areas and foraging and dispersal corridors to off site habitats - Short, medium and long term management of the above mitigation - A post development monitoring schedule detailing frequency and an : obligation to provide data to the local authority, Natural England and HBIC

Each phase of the development must demonstrate compliance with the approved strategy and must be fully implemented. Reason: To ensure the protection of badgers

(13) No development shall start until a detailed bat mitigation, enhancement

monitoring and management strategy has been submitted to, and approved in writing by, the Local Planning Authority. The strategy must incorporate details of:

- Avoidance and mitigation measures for construction and operational disturbance on bat roosts within Chalcroft Farm and any trees roosts throughout the site - Identification, protection and buffering of important foraging and commuting corridors within the development site - A lighting strategy to ensure no light spill onto the retained roosts and important foraging corridors and waterways - A strategy for the provision of designated dark corridors - The location of alternative roosts for pipistrelle and brown long eared bats

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- A management strategy detailing short medium and long term management of retained foraging habitat and roosts and alternative roosts - A post development monitoring schedule detailing frequency and an obligation to provide data to the local authority, Natural England and HBIC. Each phase of the development must demonstrate compliance with the approved strategy and must be fully implemented. Reason: To ensure the protection of bat species

(14) No development shall start until a water vole mitigation, management and

monitoring strategy, to avoid, mitigate or compensate impacts of the development on water vole and disruption of foraging corridors, has been submitted to, and approved in writing by, the Local Planning Authority. The strategy must include:

- Details of protection of buffering of the watercourses - Provision of linkages to foraging and dispersal corridors off site - Short, medium and long term management of the above mitigation - A post development monitoring schedule detailing frequency and an obligation to provide data to the local authority, Natural England and HBIC

Each phase of the development must demonstrate compliance with the approved strategy and must be fully implemented. Reason: To ensure the protection of water voles

(15) No development shall start until a otter protection and enhancement

strategy has been submitted to, and approved in writing by, the Local Planning Authority. The strategy must include:

- An assessment of the corridor width required to support otter movement. - Assessment of the impacts of the bridge and design mitigation to ensure access to riparian corridors is not impacted - A strategy detailing measures to deter visitor and dog disturbance on the otter population - Management of the corridors in the short, medium and long term - Monitoring to ensure otter use of the site is not impacted by development.

Each phase of the development must demonstrate compliance with the approved strategy and must be fully implemented. Reason to ensure the locality continues to support a thriving otter population.

(16) No development shall start until a bird mitigation, management and

monitoring strategy, to avoid, mitigate or compensate impacts of the development on birds associated with woodland, wetland and Farmland., has been submitted to, and approved in writing by, the Local Planning Authority. The strategy must include:

Page 8: 08/06/2015 APPLICATIONS RECOMMENDED FOR DECISION · report and (iii) referal of the application to the National Planning Casework Unit. GRANT OUTLINE PERMISSION CONDITIONS AND REASONS:

- Buffering of the watercourses and enhancement of the south west wetland for wetland birds - Protection measures for kingfisher within the construction process - Retention, buffering of the hedgerow/ woodland network and repairing of linkages lost. - Securing the provision and maintenance of alternative farmland habitat to include replacement winter stubble fields - Provision of linkages to foraging and dispersal corridors off site - Short, medium and long term management of the above mitigation - A post development monitoring schedule detailing frequency and an obligation to provide data to the local authority, Natural England and HBIC

Each phase of the development must demonstrate compliance with the approved strategy and must be fully implemented. Reason: To ensure the protection of the bird population

(17) A great crested newt mitigation, management and monitoring strategy ,

informed by a survey to ascertain use of the surrounding ponds and dispersal routes for the Chalcroft Farm Pond and Quobleigh pond populations will be submitted before construction commences or there is any habitat clearance around Chalcroft pond. The strategy should incorporate

• Habitat creation methodology and the extent of the habitat to be provided • Translocation methodology to secure the newts safety during construction and clearance • A management plan detailing short medium and long term management with appropriate review periods • A post development monitoring schedule detailing frequency and an obligation to provide data to the local authority, Natural England and HBIC.

Each phase of the development must demonstrate compliance with the approved strategy and must be fully implemented. Reason: To ensure the protection of great crested newts

(18) No development until a detailed method statement for the removal of

Japanese Knotweed on the site shall be submitted to and approved in writing by the local planning authority. The method statement shall include proposed measures that will be used to prevent the spread of Japanese Knotweed during any operations e.g. mowing, strimming or soil movement. It shall also contain measures to ensure that any soils brought to the site are free of the seeds / root / stem of any invasive plant covered under the Wildlife and Countryside Act 1981, as amended. Development shall proceed in accordance with the approved method statement. Reason: To prevent the spread of Japanese Knotweed which is an invasive species.

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(19) No development shall take place within each phase until a scheme for the provision and management of a minimum 8 metre wide buffer zone (larger than 8 metres in places to compensate for smaller buffers at crossings) alongside the watercourses, ponds and wetlands within that phase shall be submitted to and agreed in writing by the local planning authority. Thereafter the development of that phase shall be carried out in accordance with the approved scheme and any subsequent amendments shall be agreed in writing with the local planning authority. The buffer zone scheme shall be free from built development including lighting, domestic gardens, footpaths, cycleways and formal landscaping. The scheme shall include:

- plans showing the extent and layout of the buffer zones - details of any proposed planting scheme - details demonstrating how the buffer zone will be protected during development and managed/maintained over the longer term including adequate financial provision and named body responsible for management plus production of detailed management plan - details of any proposed footpaths, fencing, lighting etc. adjacent to the buffer zones.

Reasons: Development that encroaches on watercourses / ponds / wetlands has a potentially severe impact on their ecological value. Land alongside watercourses / wetlands / ponds is particularly valuable for wildlife and it is essential this is protected.

(20) Before development commences a programme of archaeological

evaluation must be undertaken in accordance with a written specification. This will inform a programme for the implementation of archaeological mitigation of impact in accordance with an approved written specification which for each phase of development must be submitted to and approved in writing by the Local Planning Authority. The development must not be carried out otherwise than in accordance with the approved mitigation. Reason: To protect archaeology

(21) As part of each reserved matters application a detailed Arboricultural

Impact Assessment and Method Statement (including a programme for implementation) in accordance with British Standards Institution Code of practice for trees in relation to design, demolition and construction - Recommendations British Standard BS 5837:2012 shall be submitted for each phase of the development and approved in writing by the Local Planning Authority. Each phase of the development shall then accord with the details of protective fencing ground protection and other measures set out in each approved Method Statement. Reason: To protect trees both on and adjacent to the site.

(22) No work shall commence on any phase of the development until the

following has been submitted to and approved in writing by the Local Planning Authority for that phase:

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(i) A Report of Preliminary Investigation comprising a Desk Study, Conceptual Site Model, and Preliminary Risk Assessment documenting previous and existing land uses of the site and adjacent land in accordance with national guidance and as set out in Contaminated Land Report Nos. 11, CLR11, and BS 10175:2011+A1:2013 Investigation of potentially contaminated sites - Code of Practice;

(ii) a Report of a site investigation documenting the ground conditions of the site and incorporating chemical and gas analysis identified as appropriate by the Preliminary Investigation and in accordance with BS 10175:2011+A1:2013, and BS 8576:2013 and unless otherwise agreed with the Local Planning Authority;

(iii) A detailed scheme (including a programme for implementation) for remedial works and measures to be undertaken to avoid the risk from contaminants and/or gases when each phase of the site is developed and proposals for future maintenance and monitoring. Such a scheme shall include nomination of a competent person to oversee the implementation of the works and development shall be carried out in accordance with the approved schemes.

The development shall not be carried out otherwise than in accordance with the approved details. Reason: To allow risk assessment and effective risk management solutions in order to minimise the risks of pollution and to ensure the site is satisfactorily decontaminated.

(23) The development hereby permitted shall not be occupied/brought into

use until there has been submitted to the Local Planning Authority verification by the competent person approved under the provisions of Condition 22 (iii) that any remediation scheme required and approved under the provisions of Condition 22 (iii) has been implemented in full in accordance with the approved details (unless varied with the written permission of the Local Planning Authority in advance of implementation). Unless otherwise agreed in writing with the Local Planning Authority such verification shall comprise:

(i) Built drawings of the implemented scheme; (ii)Photographs of the remediation works in progress; (iii) Certificates demonstrating that imported and /or material left in situ is free from contamination.

Thereafter the scheme shall be monitored and maintained in accordance with the approved scheme under Condition 22 (iii). Reason: To minimise the risks of pollution and to ensure the site is satisfactorily de-contaminated.

(24) Before development of each phase commences, details of all crime

prevention measures in respect of that phase must be submitted to and approved in writing by the Local Planning Authority. The development of

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that phase shall not be carried out otherwise than in accordance with the approved details. Reason: In the interest of crime prevention.

(25) Before each phase of development commences, a Construction and

Environmental Management Plan (CEMP), a construction phase public communication strategy and a Construction Traffic Management Plan (CTMP) in respect of that phase shall be submitted to and approved in writing by the Local Planning Authority. The CEMP and CTMP must consider the timing and phasing of the works and lorry routing with a specific reference to the movement of traffic, whilst the CEMP must also consider the location of temporary site buildings and plant and material storage areas, the arrangement for construction deliveries, dust, piling, vibration, noise, construction traffic movements, lorry temporary construction car parking both on and off-site, temporary lighting , mud on the road, site security, a scheme for controlling noise and vibration from demolition and construction activities (to include piling);the protection of pedestrian routes during construction, storage of and collection of waste and the quality of surface water runoff, watercourse crossings and any proposed diversions (temporary or permanent), a map or plan showing habitat areas to be specifically protected (identified in the ecological report) during the works and any necessary mitigation for protected species. The construction of each phase must then be carried out in accordance with the agreed plan for that phase. Reason: In the interests of amenity, highway safety and protection of ecological features.

(26) Prior to the commencement of each phase of development (or in

accordance with a timetable to be agreed in writing with the Local Planning Authority), no development shall start until a BREEAM ‘excellent’ interim stage certificate (for non-residential) and sustainability report or certificate of intended compliance for Code for Sustainable Homes level 4 for energy and water (residential) , demonstrating how all of the essential requirements for non-residential development of the Eastleigh Borough Council adopted Supplementary Planning Document ‘Environmentally Sustainable Development’ are to be met, have been submitted to, and approved in writing, by the Local Planning Authority. Reason: To ensure the development meets the national requirements and the non-residential requirements of the adopted Supplementary Planning Document ‘Environmentally Sustainable Development’.

(27) Prior to the commencement of each phase of the development hereby

approved other than for the access works a BREEAM Communities final certificate at Excellent level shall be submitted to and approved in writing by the Local Planning Authority in respect of that phase. Reason: To demonstrate the required compliance with BREEAM Communities Excellent standard.

(28) Before each phase of development is commenced a noise assessment of

the existing roads, new roads (including the potential for a link road to be created through the site to Allington Lane) and existing and proposed commercial, community and employment uses permitted in respect of

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that phase or adjacent to that phase shall be carried out and a report of its findings submitted to and approved in writing by the Local Planning Authority (the report shall include a scheme of layout, design and a programme for implementation and identify any mitigation measures which are considered necessary to protect the proposed development from noise). No dwelling within that phase of the development shall be occupied/brought into use until the approved scheme in respect of that phase has been fully implemented. Reason: To protect amenity of future occupiers.

(29) Prior to the commencement of each phase of development a scheme of

work detailing the extent and type of piling proposed within that phase shall be submitted to and approved in writing by the Local Planning Authority. Each phase of development shall not be carried out otherwise than in accordance with the approved details. Reason: To protect the amenity of occupiers of adjoining residential properties

(30) Prior to the commencement of each phase of development details of the

installation of plant and equipment which gives rise, or is likely to give rise, to emissions to air of either ash, dust, fume, gases, grit, odours or soot in respect of each phase of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. Such details must identify any necessary mitigation and include a programme of implementation. The development shall not be carried out otherwise than in accordance with the approved mitigation. The approved mitigation shall be fully implemented before any building within that phase is occupied. Reason: In the interests of amenity.

(31) Before each phase of development is commenced a noise and vibration

assessment shall be carried out to assess the impact of construction noise on noise sensitive development, in respect of that phase and a report of its findings shall be submitted to and approved in writing by the Local Planning Authority. The report shall include a programme for implementation and identify a scheme of any mitigation measures that are considered necessary for protecting noise sensitive uses from noise and vibration. The assessment should have due regard to the advice and guidance contained in British Standards Institution Code of practice for noise and vibration control on construction and open sites British Standard BS 5228-1:2009 A1:2014 , and BS 5228-2:2009 A1:2014 Noise And Vibration Control On Construction And Open Sites. Each phase of the development shall be carried out in accordance with the approved details. Reason: To protect noise sensitive development from unacceptable levels of noise.

(32) Prior to the commencement of the development on the school site an air

quality assessment of short term impacts arising from localised congestion during peak hours associated with the school hours should be provided to, and approved in writing by, the local planning authority. The development must accord with the approved mitigation measures. Reason: In the interest of residential amenity.

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(33) Construction of the link road between Bubb Lane and Burnetts Lane must

not commence until an operational noise assessment of the new road has been carried out and a report of its findings submitted to and approved in writing by the Local Planning Authority (the report shall include a scheme of mitigation measures for protecting the existing dwellings from noise from operation as deemed necessary by the Local Planning Authority). The link road shall not be brought into use until verification that the approved scheme required has been fully implemented (unless varied with the written permission of the Local Planning Authority in advance of implementation) has been submitted to and approved in writing by the Local Planning Authority. Reason: To protect existing dwellings from operational noise

(34) Any plant or equipment used for the purpose of air conditioning or to

process exhausts shall be provided and maintained with suitable acoustic attenuation, or sited at agreed locations, to mitigate the effects of noise as approved in writing by the Local Planning Authority. Reason: To protect the amenities of the occupiers of nearby dwellings

(35) Before two years from the final occupation of each phase, a post

occupancy evaluation report detailing compliance with BREEAM Communities Excellent must be submitted to and approved in writing by the Local Planning Authority, the parameters of which must be agreed with the Local Planning Authority prior to submission. Reason: To ensure compliance to the required BREEAM Communities standard.

(36) No development shall commence on each phase until details of tree

protection fencing within that phase have been submitted to and approved in writing by the Local Planning Authority. Work must not commence on each phase until a site meeting attended by the Arboricultural Consultant, Site Manager and local planning authority officer has taken place including an inspection and subsequent approval of the tree protection fencing by the Local Planning Authority. Once approved no access by vehicles or placement of chemicals, fuels, soil or other materials shall take place within the fenced area. The tree protection fencing shall be retained in its approved form for the duration of the construction period of that phase. Reason: To retain and protect the existing trees which form an important part of the amenity of the locality.

(37) Prior to the commencement of each phase of the approved works, details

of paving and construction within the root zones of retained trees to be retained in accordance with the approved plans and particulars in respect of that phase must be submitted to and approved in writing by the Local Planning Authority. These details shall be in accordance with the British Standards Institution Code of practice for trees in relation to design, demolition and construction - Recommendations British Standard BS 5837:2012 . The development of each phase must not be carried out otherwise than in accordance with the approved details. Reason: To conserve the trees adjacent to and within the proposed development.

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(38) For the retail and employment uses, schools, multi-purpose community

building where food is prepared, the equipment installed must include an odour neutraliser plant. Details of any equipment must be submitted to and approved in writing by the Local Planning Authority before it is installed. The development must accord with these approved details. Reason: To protect the amenity of occupiers of adjoining properties

(39) Prior to the commencement of each phase of development, details of a

technology and communication strategy for the provision of broadband, fibre optic and audio visual technology within that phase must be submitted to and approved in writing by the Local Planning Authority. The infrastructure must then be provided for use upon first occupation of the buildings hereby permitted within that phase and retained thereafter. Reason: To improve the opportunities to work from home and to reduce the proliferation of individual masts, aerials, satellite dishes and wiring on flatted and commercial blocks in the interests of visual amenity.

(40) Prior to the commencement of each phase of development, full details of

the provisions to be made for access within and use of the development within that phase by people with disabilities shall be submitted to and approved in writing by the Local Planning Authority. The details shall include a programme for implementation and the development of each phase must then accord with these approved details. Reason: To ensure adequate provision for people with disabilities.

(41) Prior to the commencement of each phase of development, details of the

type of construction proposed for the roads and footways within each phase of development including all relevant horizontal cross sections and longitudinal sections showing the existing and proposed levels together with details of street lighting and the method of disposing of surface water and details of the programme of implementation for the making up of the roads and footways must be submitted to and approved by the Local Planning Authority in writing. Each phase of the development shall not be carried out otherwise than in accordance with the approved details. Reason: To ensure that the roads are constructed to a standard which will enable them to be taken over as publicly maintainable highways.

(42) A scheme of delivery hours for each of the non-residential uses hereby

permitted shall be submitted to and approved in writing by the Local Planning Authority before each non-residential use commences. The development must then comply with the approved scheme. Reason: In the interests of amenity

(43) Details of the use of any sound amplification equipment to be used in the

non-residential uses hereby permitted shall be submitted to and approved in writing by the Local Planning Authority prior to the use of any such equipment. The sound amplification equipment shall not be used otherwise than in accordance with the approved details. Reason: In the interests of the amenities of occupiers of nearby properties.

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(44) Prior to any reptile translocation being undertaken a habitat retention

creation, management and monitoring strategy shall be submitted to, and approved by the Local Planning Authority. The strategy must include:

- Habitat creation methodology - Translocation or exclusion methodology - Short, medium and long term management of the above mitigation - A post development monitoring schedule detailing frequency and an obligation to provide data to the local authority, Natural England and HBIC

Each phase of the development must demonstrate compliance with the approved strategy and must be fully implemented. Reason: To ensure the protection of reptile species

(45) ) Prior to the occupation of each type of building within each phase of

development (or in accordance with a timetable to be agreed in writing with the Local Planning Authority), until a BREEAM ‘excellent’ final stage certificate and sustainability report (non-residential) and a final energy and water compliance certificate (residential), highlighting how all of the essential requirements for non-residential development of the Eastleigh Borough Council adopted Supplementary Planning Document ‘Environmentally Sustainable Development’ or energy / water requirements have been met, have been submitted to, and approved in writing by, the Local Planning Authority. Reason: To ensure the development meets the non-residential requirements of the adopted Supplementary Planning Document ‘Environmentally Sustainable Development’.

(46) The development, including the phasing, must accord with the approved

Design and Access Statement, parameter plans and Design Code approved in response to Conditions 1 and 5 above. Reason: To ensure high quality development

(47) The roads and footways within each phase must be laid out and made up

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

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

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

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(49) No trenches for services or drains shall be sited within the crown spread

of any trees that are to be retained on site. Reason: To protect the health and stability of the trees to be retained on site.

(50) No construction or demolition work shall take place except between 0800

hours to 1800 hours Mondays to Fridays and 0800 hours to 1300 hours on Saturdays and not at all on Sundays or Bank Holidays unless otherwise agreed in writing with the Local Planning Authority. Reason: To protect the amenities of the occupiers of nearby dwellings.

(51) The community building and school with associated community facilities

hereby permitted shall not be open for use outside of the following times without the prior written consent of the Local Planning Authority: 0700 hours to 2200 hours Mondays to Thursdays and on Sundays and Bank Holidays, and 0700 hours to 2300 hours on Fridays and Saturdays. Reason: To protect the amenity of occupiers of nearby properties.

(52) No retail or commercial unit to be included within the local centre shall

have a gross external floor area no greater than 500sqm unless otherwise agreed in writing by the local planning authority. Reason: To ensure flexibility, choice and a variety of uses contributes to the sustainability of the development.

(53) The buildings within the employment area shall not be open business and

there shall be no deliveries, either to or from the buildings or loading or unloading of vehicles except for between the following times without the prior written consent of the Local Planning Authority: 0700 hours to 2000 hours Mondays to Friday, 0800 to 1300 Saturdays and not at all on Sundays and Bank Holidays. Reason: To protect the amenity of occupiers of nearby properties.

(54) No materials shall be stacked or deposited in the open on the site within

the employment area without the prior written permission of the local planning authority. Reason: In the interests of visual amenity.

(55) The employment land and buildings thereon hereby approved shall be

used only for purposes within Class[es] B1b, B1c, B2 and/or B8 of the schedule to the Town and Country Planning [Use Classes] Order 1987, or in any provision equivalent to that/those Class[es] in any statutory instrument revoking and re-enacting that Order with or without modification] and for no other purposes. Reason: In the interests of highway safety and local amenity.

(56) A method statement will be submitted before any hedgerows are moved

detailing how the translocation of the hedgerow is to be undertaken, timing of works and a monitoring schedule to ensure establishment. Reason: To conserve important hedgerows and ensure no habitat fragmentation

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Note to Applicant: Eastleigh Borough Council has taken all environmental information including the Environmental Statement dated December 2014, the Non-Technical Summary dated December 2014 and the Addendums to the Transport Assessment addendum to the Environmental Statement dated 05 May 2015 into consideration in reaching this decision.

Note to Applicant: In dealing with the application, Eastleigh Borough Council has in accordance with paragraphs 186 and 187 of the National Planning Policy Framework worked with the applicant in a positive and proactive manner. Detailed advice has been made available in the form of planning policy, Supplementary Planning Documents and other informal advice as well as offering a full pre-application advice service and entering into a planning performance agreement. Solutions to challenges have been found and negotiation has overcome issues in order to achieve a positive outcome and to ensure the proposal has been dealt with in a timely manner.

Note to Applicant: Careful consideration will need to be paid to the relationship between the existing and proposed commercial / industrial areas and the proposed residential properties. Following the submission of an updated noise assessment with the relevant phase(56), the layout may require the proposed dwellings to be set back from the edge of the proposed developable areas as indicated on the land use parameter plan to ensure appropriate amenity levels are achieved within a high quality urban design context

Note to Applicant: The character plans set out within the Design and Access Statement are for illustrative purposes only and the Council are not wholly supportive of the design concept illustrated. Future reserved matters will be reviewed against the adopted supplementary planning documents that are applicable at that time including the Quality Places SPD and Residential Parking SPD.

_____________________________________________________________ Report: 1. This application has been referred to Committee because it is a major

development which is contrary to the Development Plan, affects a number of Public Rights of Way and is controversial.

The site and its surroundings 2. The site is located to the west of Horton Heath and south of Fair Oak

comprising primarily of agricultural land and associated buildings. The site is designated as countryside, with the northern part of the site above Fir Tree Lane and the land to the east of Burnetts Lane forming part of the local gap between Horton Heath and Fair Oak and Horton

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Heath and Botley/Hedge End. The site measures approximately 105Ha in size.

3. The eastern boundary is denoted by Burnetts Lane and the ribbon

development fronting in part and the more two storey residential areas of Horton Heath located in Barley Fields, Crispin Close, Bramley Gardens, Angelica Gardens, Fir Tree Close and Chapel Drove. Many of these properties have clear views across the development site, whilst a few back on to existing footpath links from Horton Heath. In part, the site adjoins existing open space rear of Angelica Gardens and a paddock north of Chapel Drove. This paddock forms part of the wider site allocation for housing as defined in policy WE1 of the submitted Eastleigh Borough Local Plan (2011 - 2029).

4. To the north of the site is Quobleigh Wood, a Site of Importance for

Nature Conservation (SINC) and a habitat for protected species, Public Right of Ways (PRoW) and to the north east is Lapstone Recreation Ground and school complex of Wyvern College and Fair Oak infant and junior schools (400m). The centre of Fair Oak is approximately 950m from the northern edge of the site. The PRoW network which crosses the site is well-used by members of the public.

5. The western boundary of the site is not so well defined, abutting fields

and a large solar farm site (16ha) located central to the development site. To northwest is a small cluster of residential properties including Fir Tree Farmhouse, a Grade II Listed Building located 50m from the development boundary and 120m from the closest development block. The boundary is generally denoted by strong hedging or tree belts, as well as a water course to the west of the solar farm and Chalcroft Farm complex. Some of these buildings accommodate Owton’s Farm shop and butchery whilst a number of the buildings are empty or in a poor state of repair, including the farmhouse itself. The two dwellings sited next to the farm buildings form part of the farm complex.

6. The southern boundary is defined by areas of woodland, both SINCs,

beyond which is the Chalcroft Distribution Park. The Park comprises a number of large industrial units with a mix of uses including storage and distribution, scaffolder’s yards and light industry. Beyond the Park is the railway line which links Hedge End to Eastleigh. Many of the units within the Park have no restrictions on their hours of operation.

7. To the east of Burnetts Lane, two parcels of land form part of the

development proposed. In the southern most corner the red line extends across the field between Burnetts Lane and Bubb Lane to facilitate a new vehicular link. The changing topography across the field restricts intervisibility between the two roads. South of Cherry Drove a second parcel of land is proposed for residential development on a field used for grazing of horses. This land is bound by trees and hedging, but is overlooked by the properties of the Cherry Drove and Botley Road.

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8. Two small areas of land within the centre of the site are excluded from

the development site boundary; Fox Holes Farm and Fox Holes Farm Cottages.

9. The site is crossed by a network of footpaths in both a north/south

direction and east/west. By virtue of the topography and trees, there are clear views achieved across the southern and northern parts of the site but not between these two areas. Fir Tree Lane is a rural lane, single track in part with passing points bound by hedging which dissects the site linking Allington Lane with Burnetts Lane. 7. Within the site the land slopes away from a central high point adjacent to the solar farm whilst north of Fir Tree Lane the land gently raises towards its northern boundary.

Description of application 10. This is an outline planning application which seeks an approval “in

principle” for residential development of up to 950 dwellings, new road access, a new local centre with community building, approximately 6ha of employment, a 3 form entry (FE) Primary and 8 FE Secondary school and approximately 40ha of Public Open Space (POS). The new access road would link Burnetts Lane and Bubb Lane served by a roundabout at each junction, and these elements are for detailed consideration. The access to Chalcroft Industrial Estate would link in to the new roundabout whilst upgrades to Fir Tree Lane form part of a package of highway works.

11. The only matters for formal consideration at this stage are as follows:-

Whether the proposed land uses are acceptable in principle in this location;

Whether the proposed amount of development is appropriate;

Whether the proposed vehicular access and roundabouts are acceptable.

12. All other matters of detail, such as the detailed layout, appearance,

design and landscaping are not for detailed consideration at this stage. 13. The application is supported by the following plans and documents;

Planning Application Form and Certificates

Location Plan (Red Line Plan)

Existing Site Survey

Design and Access Statement

Parameter Plans: - Access, Boundary, Density, Heights, Hydrology, Land Use, Landscape and Phasing

Illustrative Masterplan

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Planning Statement (inclusive of Affordable Housing Statement, Statement of Community Involvement and Draft Heads of Terms)

Biodiversity Statement

Arboricultural Constraints Report

Energy Statement

Sustainability Statement

Environmental Statement Non-Technical Summary

Environmental Statement Main Report and associated Appendices which include - Traffic & Transport, Landscape and Visual Assessment, Water Environment (Hydrology and Flood Risk), Ecology, Noise, Air Quality, Built Heritage, Ground Conditions, Socio-Economic.

14. The illustrative masterplan and supporting information with the

application seek to demonstrate that the site has the capacity to accommodate a development of up to 950 dwellings and supporting infrastructure. These also show a possible internal development blocks within the site; footway and cycleway links within the site and with adjoining uses; key landscape features including woodland, tree and hedge retention, proposed balancing ponds/SUDs features; public open space areas with equipped play areas, wildlife mitigation areas and new landscaping, the scale and density of the development across the site. The public footpaths running through the site are to be retained and upgraded, with only minor diversions proposed. An indicative phasing plan illustrates the likely phasing of development with the main roads and school site coming forward as the first reserved matters application. It is anticipated the entire site would take approximately 10 years to develop out.

15. This is a Schedule 2 development and significantly above the guidance

thresholds advised by the NPPG. The proposal has been screened under the Town and Country Planning (Environmental Impact Assessment) (England) Regulations 2011 as needing an Environmental Statement and subsequent Environmental Impact Assessment.

16. The Screening under the Habitats Regulations was undertaken to establish whether Appropriate 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 Appropriate Assessment is not required.

Relevant planning history 17. Chalcroft Farm has received permission for various structures

associated with agriculture and the butchery business including an agricultural building to house meat preparation and packaging business and farm shop (2012) and a machinery storage and maintenance

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building (2013). The solar farm was permitted in 2012 for a time limited period of 25 years.

Representations received

18. To the original plans 34 letters of objection were received from adjoining residents and those living locally with concerns relating to;

Residential amenity

Main cycle path to local centre detrimental to amenity and safety of properties.

Link road to access land east of Burnetts Lane detrimental to amenity and safety of properties

Noise and vibration impact on Burnetts Lane properties

Impact on privacy of Chapel Drove properties from improved footpath link

Impact of noise and pollution from traffic on housing backing on Fir Tree Lane

Burnetts Lane too narrow for passing cars.

Overshadowing and overlooking from proposed dwellings

Noise from traffic associated with the increased number of dwellings

Noise from the schools activities.

Noise and light pollution if playing fields used in the evenings

Noise and pollution from new commercial area coming closer to residential

Disturbance during construction – noise, air quality, dust Transport matters

TA is inadequate based on out of date traffic data

Existing congestion already experienced on wider network including Fir Tree Lane

Cumulative traffic impact with other large developments

Congestion due to new school.

Fir Tree Lane and Allington Lane junction inadequate

Additional road is needed to link development to Burnetts Lane and Botley Road.

Fir Tree Lane (east) would become unsafe for pedestrians.

Highway works would increase traffic speeds in dangerous areas

Meadowsweet Way, Burnetts Lane and Blind Lane will become rat-runs

Access to Flowers Cottage Burnetts Lane will be dangerous and impeded by increased traffic

Burnetts Lane should be closed south of new roundabout

Moorgreen Road is a rat-run, poorly lit and dangerous or walking along.

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Development east of Burnetts Lane would have a poor junction.

Densities are higher closer to Fir Tree Lane thereby encouraging people to use Burnetts Lane and not the new link road.

School children will be driven in not bussed in

Increased congestion around existing schools.

No significant relief road for Horton Heath

New link road is supported but it is primarily aimed at addressing problems associated with Chalcroft Distribution Park

Inadequate parking on existing local centres

Cycle links appear to be shown through woodland.

Lack of footpath links to Burnetts Lane, Fir Tree Lane, Bubb Lane, Moorgreen Road and Boorley Green

Cycling is not a realistic travel to work option.

Public transport poor and does not provide good links Character

Visually intrusive and out of character

Over development and inappropriate density and scale

Density and height of dwellings excessive for land east of Burnetts Lane

Loss of identity for Horton Heath

Loss of strategic gap

Loss of view

Loss of recreational and walking areas.

Loss of agricultural land Infrastructure

Inadequate drainage infrastructure and would exacerbate existing flooding and foul drainage problems in Burnetts Lane & Meadowsweet Way

Safety of having open water drainage ponds

Health facilities would not be able to cope

Relocate the school to better location e.g. opposite Wyvern, Jacksons Farm, Bubb Lane or within West End

No requirement for another primary or secondary school as Wyvern is under subscribed (2014-15)

Ecology

Impact on slow worms, deer, buzzards, owls, bats, bees, kingfishers skylarks, sparrow hawks, kestrels, dragonflies, meadow pipits and damsel flies,

Loss on ancient hedgerows.

Retention and enhancement of trees on eastern parcel of land

Tree plan unclear and appears to omit a row of oak trees.

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Impact of air quality on nature conservation features Environmental matters

Pollution during the construction process

Impact on flood plains and water logged areas

Impact on climate change

Impact on air quality Other matters

Devaluation of properties

Compensation should be paid to those existing residents affected.

Allington scheme previously proposed was better located.

Would not be housing for local people

Need for affordable housing has reduced

Plans differ from those at the public consultation stage – loss of more open space.

Inadequate consultation period

Submitted Local Plan is flawed and this scheme should not proceed

A new Local Plan should be progressed and adopted before large scale development is supported.

Employment is not required due to vacancies in existing industrial park or if provide ne smaller/start up units.

19. Following a re-notification of the amended plans on 7 May 2015 eleven

letters have been received raising the following points;

Clarification of the boundary treatment between the school site and dwellings.

Details of mitigation of noise generated by traffic on the spine road.

A perception of lack of community engagement

Not a plan led approach as advocated by the NPPF

Highway network congestion and inadequacy of Fir Tree Lane

Lack of clear and distinct settlement identity

A development that is out of scale and context with Horton Heath.

Would not create a sense of place.

Scale of development will be detrimental to the character of the area.

Visual impact

Loss of wildlife habitat and open countryside

Inadequate drainage – foul and surface water

Rat-running along Meadowsweet Way

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Smaller pockets of development are more suited to meet housing needs.

Reduced air quality as a result of traffic

Impact on Southampton Airport through bird strikes

Transport Assessment is flawed

No additional provision for emergency services

A full environmental study has not be undertaken to date

Angelica Gardens could be used as a drop off for the school.

No provision made for doctor surgery.

Community centre is unnecessary as existing facility is underused.

Schools would not serve just the local community

Horton Heath has taken significant new housing unlike other areas

Impact on residential amenity through loss of outlook, noise from the school and traffic on Burnetts Lane.

Burnetts Lane should be closed south of the new roundabout to traffic and not rely on signage only.

Preventing access to Moorgreen Road from Bubb Lane north of the railway line is welcomed.

Impact of link road on amenity, drainage and springs.

Concerns the link road would not be delivered as Local Plan found to be unsound.

Housing rear of Cherry Drove better located adjacent to new link road

Further impact on existing flooding problems Consultation responses 20. Head of Regeneration and Planning Policy – No objection to the

principle of development following receipt of further information sought related to BREEAM Communities and conclusions reached in the Landscape and Visual Impact Assessment (LVIA).

21. Policy – The site is in an area identified as countryside (1.CO) and in

part in a Local Gap (3.CO) on the proposals map. It is accepted however that the housing restraint component of policy 1.CO may now be considered to be out-of date, particularly in edge of settlement locations. The “gap” performs the specific function of protecting the individual identity of settlements and of preventing their coalescence. In principle, the proposed development is contrary to the Development Plan. If the proposals were to be supported, there would need to be ‘material considerations’ that would support a decision other than in accordance the adopted plan.

22. Of significant weight in the determination of this planning application is

the NPPF where there is an overall presumption in favour of sustainable development. Paragraph 14 of the NPPF makes it clear that where the Development Plan is absent, silent or relevant policies

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are out-of-date, planning permission should be granted unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole. At the heart of the NPPF is a requirement on behalf of every Local Planning Authority to proactively drive and support sustainable development. Paragraph 47 that local planning authorities should maintain a five-year supply of housing land. Currently, the Council’s has set out within its Housing Implementation Strategy that it has a 4.5 year housing land supply (based on figures up to December 2014). In this context, the provision of 950 dwellings, including a proportion of affordable housing, is considered to be of weight in determining this application.

23. The Eastleigh Borough Local Plan 2011-2029 was found to be

unsound by the inspector in January concern that insufficient housing was being provided to meet affordable housing need and address market signals and therefore found the plan unsound. These findings undermine the Plan’s strategy and policies for guiding future development. The other proposed allocations and ‘Development Management’ policies remain untested (including policy WE1). Overall the weight that can be attributed to the policies of the Eastleigh Borough Local Plan 2011- 2029 is very little. Nevertheless it represents the most recent statement of the Council’s development strategy for the borough. Furthermore, the Plan as a whole has been the subject of public consultation. When compared to the relevant components sought by policy WE1, the development appears to meet them. Some elements will need to be referred to be assessed in further detail at the reserved matters stage.

24. It appears that the development can demonstrate elements of being economically, socially and environmentally sustainable. The site abuts the urban edge and will provide a new local centre, shops, schools, community facilities and bus services. It would provide private and affordable housing, public open space and a primary and secondary school. New employment land will be provided and the construction process would deliver a number of employment opportunities and, once fully occupied, the development would establish an increase in the workforce resources within the area.

25. Urban design – The Design and Access Statement (DAS) makes no

reference to EBC design standards set out in the Quality Places SPD or the Environmental Sustainable Development SPD. Based on the DAS and the character plans some concerns raised about the layout, landscaping and design approach for future detailed reserved matters schemes.

26. Sustainability – A target of BREEAM Communities “Excellent” is

targeted and appears to be on track. The compliance with the Environmental Sustainable Development SPD for residential development is generally acceptable. The non-residential development

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needs to commit to rainwater harvesting /greywater recycling or green roof; water collection for landscape irrigation; and at least 15% reduction in carbon emissions via LZC technologies.

27. Landscape – Initial concerns with the Landscape and Visual Impact

Assessment (LVIA) made no reference to saved policies; provided no justification for “low” landscape value applied; no reference or acknowledgment of strategic and local gap function. Further evidence has been provided in response to these concerns. Based on the addendum to the LVIA, there would be a clear impact on the function of the two gaps and the perception of leaving one settlement before entering another from the road and footpath network. The gap boundaries will need to be redefined, if the compromise of existing gaps is necessary to accommodate the development requirements.

28. Public Art - No objection in principle. In accordance with the Planning

Obligations SPD a £300/unit should be sought towards a project that provides local distinctiveness by enhancing the proposed village centre and the network of surrounding footpaths and cycle links.

29. Heritage – The Chalcroft Farmhouse group of buildings should be

retained with some selective demolition of the newer less attractive elements to achieve a traditional farmstead feel for a community facility that will attract people to the centre. Holding back the development from the listed Fir Tree Farm is good to retain a respectful setting for this heritage asset. Overall, no objection is raised on heritage grounds.

30. Head of Transportation and Engineering – No objection. In regard to

Fir Tree Lane as a suitable access / egress to the west (Allington Lane), HCC (as highway authority) have been in receipt of additional modelling that has demonstrated that Fir Tree Lane can accommodate the anticipated traffic flows in the short term as a minimum. Whilst a fully futureproof development proposal would have been the ideal scenario, with land ownership issues restricting opportunities at the present time, this is not achievable.

31. To assist with the promotion of sustainable transport fully implemented cycle routes should be provided i.e. to Wyvern Schools, Hedge End Railway Station and Boorley Green. The new school should conform to the HCC Schools Parking Guidance with built-in drop-off locations and adequate space provided for the inevitable parent parking that will occur, whilst shared parking with local commercial areas may require time limited parking restrictions. A future link through to Anson Road should be considered for pedestrians, cyclists and vehicles. Traffic Regulation Orders are required to be funded and implemented to provide elements of traffic management such as parking restrictions on corners of junctions; time limits at shops; and parking restrictions around schools. Overall, due to the quantum of development involved in this application, HCC will be the primary consultee in regard to

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highway access points and off-site highway matters such as junction capacity and improvement measures.

32. Head of Housing and Environmental Health – No objection subject

to conditions. On the basis of the additional information provided in support of the noise assessment and Environmental Statement we have good enough understanding of the issues to be able to support the application.

33. Noise – Whilst the noise report is limited in scope and still has some shortcomings it has clearly identified that there will be some potentially significant increases in noise generated from road traffic to some existing dwellings (Fir Tree Lane / Burnetts Lane) and new dwellings such that the internal noise standards of the Local Plan may not be met with windows open or in gardens nearest to the existing road network and to new roads on site. Furthermore the potential for impacts from noise from the new commercial development on the new dwellings is such that careful layout and design will be needed to mitigate noise. Similarly, it is acknowledged that current levels of noise, especially at night, from Chalcroft are low, there are no planning restrictions to prevent 24 hour operation recommencing with greater intensity than at present. On this basis careful consideration of the layout and design of the residential development nearest to it is advised. As for the school, assessment of noise impacts from sports pitches nearest to existing / new dwellings should be carried out and consideration given to noise from such uses outside of normal school hours. Conditions are recommended.

34. Air Quality – an assessment of short term impacts arising from

localised congestion during peak hours associated with the school hours should be provided. Similarly construction works are likely to have the potential for impacts and should be modelled and a mitigation scheme proposed. A contribution is sought to provide ongoing monitoring of impact of the development on the Eastleigh Air Quality Management Area.

35. Land contamination - no objection subject to conditions. 36. Parks and Open Space Manager – No objection. The amount of

Public Open Space (POS) to be provided should be in line with Council Policy for the nature and size of a major development such as this. Public open spaces should be located in desirable and accessible locations with a clear vision as to their purpose. They should be usable for both passive and active recreational enjoyment and be of sufficient size to accommodate Sustainable Drainage features. The major POS areas should have ‘metaled’ footpath / cycle way links to the schools, local centre, existing developments, facilities and nearby parks / open spaces. Children’s play areas (locally equipped area of play – LEAP) and a multi-use games area (MUGA) are required within the development in accordance with EBC policy standards with

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maintenance contributions secured. An allotment or community orchard should be located within easy reach of residential properties.

37. Sports & Recreation Officer – No objection. The provision of sports

pitches on site in accordance with the objectives of the recently adopted Playing Pitch Strategy (PPS) is essential. The Council supports a community agreement on this development to centralise the community sports pitches on the school site. This however, would be conditional on an acceptable community management agreement being in place before the opening of the facilities.

38. Head of Housing – No objection. A provision of 35% affordable

housing units is required (333no) with this scheme required to deliver a tenure split 65% affordable rent and 35% shared ownership. Rent units would be a mix across the unit sizes and all dwellings must be to Lifetime Homes standards and 3% are to be built to Wheelchair Accessible Standards. The scheme will need to cluster the affordable housing within groups of 10 – 15 units, whilst each phase will need to deliver 35%.

39. Borough Ecologist - no objection is raised following the submission of

further information in support of the ES. 40. Designated nature sites – Southern Water have confirmed that the

development can be served through Peel Common Wastewater Treatment Works within the licensing limits, thus ensuring protection of the Solent and Southampton Water SPA and Ramsar. Mitigation against impact on the SPA as a result of recreational pressure will be secured through a contribution in accordance with policy. The ES and parameter plans confirms water flow rate and quality remains unaffected whilst buffers to protect the potential otter and water vole dispersal and foraging corridors are provided. Conditions need to be applied to secure a Construction Environmental Management Plan, Sustainable Urban Drainage system and Biodiversity Enhancement Strategy.

41. Site of Importance to Nature Conservation (SINCs) - Quobleigh Pond

and Woods SINC and Wyvern Technology College Meadow SINC have Great Crested Newts and an outline mitigation strategy will need to be secured along with the parameter plans clearly defining the wildlife mitigation ponds separate to the drainage ponds. Other SINCs need to ensure a 15m offset from developed areas and locate footpaths away from buffer zones of sensitive areas.

42. Protected species – sufficient information in relation to bats has been

provided to ensure the examination of the development against the three derogation tests in ES appear to be met. An outline mitigation strategy laying out the impacts to all bat roosts and foraging and commuting corridors either through direct/indirect impacts is to be secured via condition together with an enhanced package of mitigation

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detailing favourable conditions retained and roosting/commuting bats protected. Otters have been surveyed in the vicinity of the site (not on the site) and it will be necessary to ensure a mitigation strategy for otters is secured including buffers to watercourses and suitably designed structures to ensure foraging and dispersal routes are not blocked. The management details for the dispersal corridors and post development monitoring will need to be secured. Great Crested Newts are found at Chalcroft pond and Quobleigh Ponds, the outline mitigation strategies for which provides adequate information to ensure that the three derogation tests can be met. Detailed mitigation and management plans required via condition and funds secured for management of these areas in perpetuity.

43. Protected species – for badgers, reptiles and water voles the

conclusions of ES are agreed and conditions recommended for habitat retention creation, management and monitoring strategy for these species. For over wintering farmland birds an informative is required regarding the timing of tree and hedgerow works. In addition, mitigation details of land for S41 priority species or Schedule 1 species under the Wildlife & Countryside Act are required and need to be agreed in principle. The proposed Green Infrastructure (GI) can support populations associated with woodland and wetland. A condition on the OL application recommended bird mitigation, management and monitoring strategy.

44. Green Infrastructure – overall the parameter plans incorporates much

of the hedgerows to provide connectivity to woodland but detailed plans will need to ensure at least 1-2m of rough grassland, wildflower habitat or hedgerow ground flora should be created on at least one side of each hedge. Buffering of waterways is necessary and guidance on further enhancement opportunities is offered.

45. Borough Tree officer – no objection subject to condition securing an

arboricultural method statement, tree survey and pre-commencement site visit.

46. Head of Direct Services – no comments to make at this stage 47. Economic Development Officer – no objection. An employment and

skills plan to be included as part of the Section 106 agreement. 48. HCC Highways - based on the original information (ES) and the

subsequent supporting information (TA Addendum, pedestrian / cycle audit, revised Framework Travel Plan) the Highway Authority has issued an interim response advising no objection is raised to the development pending clarification on a couple of technical issues and implementation the following matters;

Agreement of a reasonable contribution towards sustainable transport infrastructure improvements/provision;

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Agreement of a reasonable contribution towards off-site junction mitigation measures to; Twyford Road roundabout Chickenhall Lane roundabout Moorgreen Road/Botley Road/Telegraph Road Charles Watts Way/Tollbar Way junction Agreement of a reasonable contribution towards traffic management in the vicinity of West End; Measures to include restrictions at Bubb Lane/Bubb Lane junction and Moorgreen Road corridor

Implementation of off-site junction mitigation works at: Bubb Lane Roundabout, Burnetts Lane Roundabout with closure of Burnetts Lane south (and fall-back position if a TRO is unsuccessful), Bubb Lane to Burnetts Lane link road, Allington Lane/Fair Oak Road signalised junction, site access to East of Burnetts Lane, traffic management proposals and pedestrian/cycle crossing on Burnetts Lane, Tollbar Way/Maunsell Way roundabout, Botley Road/Eastleigh Road/Stubbington Way signalised junction improvements (subject to agreed modelling

Securing a Construction Management Plan

Level of service agreement for half hourly (minimum) bus service provision between the site/Hedge End/Hedge End station and Fair Oak between 7 am and 7 pm Monday to Saturday for 10 years from first occupation and five years post final occupation.

Full Travel Plan with a surety to cover costed measures and approval and monitoring fees.

49. HCC Minerals and Waste – no objection. With just over 3.5ha of the

site within the area of safeguarded mineral resources there is a viable amount of resource on site. However, these resources are located within the public open space so no sterilization of resources would be experienced.

50. HCC Rights of Way – in principle welcome the enhancement of

existing rights of way and the provision of new rights of way to increase the connectivity of the rights of way network within this area. It is not acceptable to place main vehicular access routes along the existing and proposed diverted route of footpaths. An objection is raised to the routing of estate roads along public rights of way (footpath nos. 2 & 3), as shown on the Access Parameter Plan. The upgrading of the existing public footpaths across the site to cycle routes is welcomed, and plans indicate that those routes along Footpaths 1 and 3 would continue through to Allington Lane. Concerns are raised about how the extensions of these cycleways beyond the western boundary would be achieved if outside of the applicant’s control.

51. HCC Children’s Services – no objection subject to delivering the

school site in accordance with the principles established by the master plan and parameters plans and securing contributions towards the provision of the new primary and secondary school.

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52. HCC Archaeologist - no objection. A condition is required for the preparation of a Written Scheme of Investigation (WSI) and advise that the results of the geophysical survey and archaeological evaluation and should be submitted with any detailed application. The WSI should establish a strategy to mitigate any potential impacts the proposed development may have upon archaeological features and deposits.

53. Environment Agency – no objection in principle but wish for

conditions relating to the following to be added; sustainable drainage strategy, construction environmental management plan, buffering details for watercourses, ponds and wetland areas, landscape management plan, details for mitigating impact on water voles and otters, strategy for eradicating Japanese Knotweed

54. Natural England – no objection. The applicant must obtain

confirmation that there is adequate capacity within the sewerage system to accept foul water flow from the development and stay within the limits of the permit for the chosen treatment works. Provided that the applicant is complying with the policy for mitigation against adverse effects from recreational disturbance on the Solent SPA sites, there would be no potential adverse effects of the development on the integrity of the European site(s).

55. The development would not result in the loss of in excess of 20ha of

the best and most versatile agricultural land nor is the development located within, or affecting the setting of, a nationally designated landscape. Standing advice is provided with regards to protected species and securing biodiversity enhancements is encouraged.

56. Hampshire & the Isle of Wight Wildlife Trust - no comments

received 57. Ramblers Association – on completion of the development there

must be a network of footpaths for recreational use are at least as good, or preferably better, than currently exists. The existing footpath must not be lost to carriageways or converted to footways or cycleways serving the carriageway. Where this does happen a replacement footpath must be provided elsewhere offering the same function. New footpaths should be delivered suitable for those or foot, cycling or to be used as bridleways. Existing footpaths should not be stopped up without suitable diversions having been put in place beforehand. The development must ensure the retention or deliver of footpaths and not seek to convert all to dual use as cycleways. Detailed comments provided on each of the PRoWs.

58. Southern Water – there is inadequate capacity within local network to

provide foul sewerage disposal. No public surface water sewers are in the locality and alternative means of drainage will need to be considered. There is currently inadequate biological capacity at the Chickenhall Wastewater Treatment Works (WTW) to services all 950

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dwelling or part of the development until investment for an upgrade to the infrastructure is provided. As an alternative, Peel Common has both biological and environmental capacity to serve the development.

59. National Grid - no comments received 60. Southern Electric – general comments regarding development close

to overhead power lines. 61. Government Pipeline Agency - objection raised on grounds the

proposed works will be constructed within three metres of the pipeline. Such works would require consent from the Secretary of State for Defence and in this instance consent would not be granted as the proposed roundabout and earth works would restrict access to the pipeline, both for routine maintenance and in an emergency situation.

62. Await comments on amended parameter plans which propose to divert the pipeline.

63. Southampton Airport - no objections to the proposed means of

access only. All other areas (building heights, landscaping etc.) should be sent to us as and when the information becomes available

64. Crime Prevention Officer - no comments received 65. Eastleigh Access Group - no comments received 66. Eastleigh and Winchester Design Review Panel - overall the panel

felt that the outline proposal sets sound design parameters going forward with significant areas of green and open spaces. The Panel did raise some concern regarding the proposed density in places (abutting Cherry Drove), as well as detailed matters based on the illustrative character plans around car parking in the residential area and community centre.

67. Southern Gas - no comments received 68. Highways England – has sought clarification on the modelling used to

forecast traffic growth and assess the impact of the development on junction 7 of the M27. Await comments on amended TA addendum (May 8)

69. Winchester CC – no objection. 70. Hedge End TC - concerns expressed on the traffic infrastructure and

impact on Junction 7 of the M27 and feeder roads. Public transport will need to be improved whilst the consultation document, references cycleways but those proposed do not appear to lead anywhere along Bubb Lane. Flooding issues need to be considered and the threat to biodiversity links. The sewage treatment works are operating at

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capacity and this needs to be taken into consideration. Members noted that public transport needs have to be improved. Comments awaited on the amended parameter plans (meeting 3 June)

71. West End PC - object until highway issues resolved. The road

infrastructure is already struggling and impact on Moorgreen Road along with other proposed developments in the area is extensive. The physical closure of Burnetts Lane (south) and restrictions on turning right on to Bubb Lane from Bubb Lane / Tollbar Way junction are sought.

72. Fair Oak PC - comments made are; (i) adequate early screening and a

new fence along path to the rear of Angelica Gardens, (ii) low level lighting to path (iii) retain existing mature hedgerow adjacent primary school (iv) additional planting rear Bramley Gardens & Crispin Close required (v) clarification if the power cables are remaining as this could restrict the height of any screening security (vi) suggested that the closure of Angelica Gardens to vehicles to alleviate parking issues during school times be considered (vii) concerns regarding traffic congestion around Fair Oak and Horton Heath (viii) this would change the character of the existing Horton Heath & its setting (ix) sewage and drainage water concerns will need to be addressed (x) will link road be built following the rejection of the Local Plan? (xi) impact on countryside and wildlife. (xii) concerns re height and density of dwellings (xiii) Burnetts Lane used as a “rat run” (xiv) questions are raised over the robustness of TA figures (xv) and there should not be an under provision of parking and drop off around schools. Comments awaited on the amended parameter plans.

73. Botley PC - object on the following grounds. Secondary school – defer

decision on its location until catchment area is known. Foul drainage details need to be conditioned whilst foul drainage to Peel Common via the Botley pumping station is not acceptable as the existing sewerage infrastructure within Botley is already at capacity. Botley community should know full details. The housing numbers should remain at 750 not 950 and the scheme should deliver 35% affordable housing. The Parish question if outreach medical rooms are sufficient for this scheme.

74. Botley PC maintains their objection having reviewed the amended plans on grounds of traffic impact and erosion of the gap. .

75. Durley PC – Object on grounds of traffic impact on rural lanes, on

junction 7 and asked if junction 6 could/should be installed? Public transport and medical facilities cannot cope with all development. The development would have a significant impact on rural character of area. Comments awaited on the amended parameter plans.

76. Eastleigh & Southern Parishes Older Persons Forum - no

comments received

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77. BT Openreach - no comments received 78. Burnetts Lane Residents Association – reiterated concerns raised at

the stage of the site being allocated within the Local Plan for housing; other greenfields sites better for a strategic allocation, disproportionate in size to existing settlement, expansion of the site by 200 was a late addition to the allocation, smaller scale applications refused previously for being within countryside in this area, highway capacity issues, local schools have capacity and children will be driven to the new schools, new link road is supported but concerned about the timing of its delivery, need to restrict HGVs movements to suitable roads, support the new employment area with restrictions on timings for HGV movements, noise impact on new dwellings from existing Chalcroft Distribution Park, no doctor surgery within the community area, impact of traffic movements on air quality, new mains drainage required to serve the site, support aims of restricting traffic from accessing Moorgreen Road; and Burnetts Lane (south) must be closed for prohibitive signage would be in effective.

79. Moorgreen Road Residents Association – seek an

explanation/clarification of rationale behind mini roundabouts improvements at the top of Moorgreen Road. The off-site highway improvements in TA are to be implemented i.e. close Burnetts Lane, restrict right turn in to Bubb Lane from Tollbar Way and fund monitoring of Moorgreen Rd traffic calming/improve if needed. The pollution, noise and safety impact on existing residents would be unacceptable if the proposed measures are not implemented.

80. NHS England – The community centre is suited to primary care but

could be attractive to support services not requiring clinical or reception facilities. Based on occupancy assumptions of 2.4 people per home, with 60% being new to the area this equates to 1368 new people. An acceptable patient to GP ratio is around 1700 to 1, so this would require a further 8 sessions a week of GP time. This is therefore likely to need an extension/remodelling of the surgery and Stokewood Surgery to provide a new clinical standard consulting room with all its required IT connections, modest increase in admin staff & additional practice nurse sessions may be.

81. NHS Property - no comments received

82. NHS West Hampshire Clinical Commissioning Group – The 950 houses planned for West Horton will put additional pressure on Primary Care services in that area. Provision will need to be made to increase the capacity of healthcare locally. Our preferred option would be to expand the current estate providing services to the local community. It is therefore likely that there would need to be an extension to an existing surgery as part of the proposal. This brings with it local difficulties in the ability to extend some of the current Primary Care

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estate. Careful consideration will need to be made as to how the Primary Care infrastructure in the local area is increased to cope with the increased demand of this development.

83. Hedge End Medical Centre – no comment 84. West End Surgery – this will put greater pressure on existing services

and an additional 1.5 more GPs will be needed along with additional nursing time and support staff.

85. Stokewood Surgery – object on grounds of inadequate medical

facilities for future residents resulting in an increased pressure on existing stretched facilities and increased highway congestion. The health needs for the growing communities including Boorley Green should be considered as a whole. It would not be possible to provide an adequate level of care for patients in two rooms in a community centre and Stokewood Surgery is over-stretched already. There is no capacity for expansion of the footprint of the existing building, or more intensive use of our current building

86. Sustrans - no comments received 87. Bus operators – Brijan advised no objection. As a provider of bus

services in the area it can hopefully only mean extra business for ourselves

88. The Woodland Trust - – no comments received 89. South West Hampshire Clinical Commissioning Group – The 950

houses planned for West Horton will put additional pressure on Primary Care services in that area. Provision will need to be made to increase the capacity of healthcare locally. Our preferred option would be to expand the current estate providing services to the local community. It is therefore likely that there would need to be an extension to an existing surgery as part of the proposal. This brings with it local difficulties in the ability to extend some of the current Primary Care estate. Careful consideration will need to be made as to how the Primary Care infrastructure in the local area is increased to cope with the increased demand of this development.

Policy context: designation applicable to site

Designated Countryside;

Designated Local Gap

Solent Mitigation and Disturbance Zone;

Government Oil and Gas Pipeline;

Tree Preservation Orders adjacent to NE boundary

Mineral Safeguarding Zone.

Flood Zones 1, 2, and 3.

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National Planning Policy Framework 90. The 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.

91. 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.

92. Para 17 sets out 12 core planning principles that include;

proactively drive and support sustainable economic development to deliver the homes, infrastructure and thriving local places that the country needs. Every effort should be made to identify and then meet the housing and other development of an area and respond positively to wider opportunities needs

ensuring that the local plan meets the full, objectively assessed needs for market and affordable housing in the housing market area, including identifying key sites which are critical to the delivery of the housing strategy over the plan period

housing applications should be considered in the context of the presumption in favour of sustainable development

always seeking to secure high quality design and a good standard of amenity for all existing occupiers of land

actively manage patterns of growth to make the fullest possible use of public transport, walking and cycling, and focus significant development ion locations which are or can be made sustainable

Para. 32 advises that for traffic impact development should only be refused if cumulative impacts are severe. Sustainable modes of transport should be maximised.

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Para. 47 requires local authorities to meet local needs for affordable and market housing, and identify a 5-year supply of housing.

Para. 49 states that housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites

Para. 56 – Requirement for good design.

Para. 58 – Policies and decisions should aim to ensure developments establish a strong sense of place; optimise the potential of the site; respond to local character and history; create safe and accessible environments; are visually attractive as result of good architecture and appropriate landscaping

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

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

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

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

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

Para. 103 – Ensure flood risk is not increased elsewhere.

Para. 109 – Seeks to minimise impacts on biodiversity and protect unacceptable levels of soil, air, water or noise pollution and remediating contaminated land where appropriate.

Para. 118 – Decisions should aim to conserve and enhance biodiversity. If significant harm cannot be avoided, mitigated or compensated for, then planning permission should be refused. If development is likely to have an adverse effect on a SSSI, an exception should only be made where the benefits clearly outweigh the impacts. Opportunities to incorporate biodiversity in and around development should be encouraged. Permission should be refused for proposals resulting in the loss or deterioration of irreplaceable habitats, including ancient

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woodland unless the need for and benefits of development clearly outweigh the loss.

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

Para. 121 – Ensure sites are suitable for their new use in terms of ground conditions, land stability, etc.

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

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

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

Para 196 indicates that planning law requires that planning applications are dealt with in accordance with the development plan unless material considerations indicate otherwise. The NPPF is such a material consideration.

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

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

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

National Planning Practice Guidance 93. Where material, this guidance should be afforded weight in the

consideration of planning applications.

Determining a planning application – To the extent that development plan policies are material, a decision must be taken in accordance with the development plan unless there are material considerations that indicate otherwise. Where the plan is absent, silent or out of date, an application must be determined in accordance with the presumption in favour of sustainable development.

Travel Plans, transport assessment and statements in decision taking – supports the provision of Transport Assessments where

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a Local Planning Authority makes a judgement as to whether a proposal would generate significant amounts of movement.

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

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

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

Planning Obligations – these should mitigate the impact of unacceptable development in order to make it acceptable. Obligations should be directly related to the development and fairly and reasonably related in scale and kind.

Water Supply, wastewater and water quality – adequate water and wastewater infrastructure is needed to support sustainable development. Conditions can be used to ensure adequate infrastructure.

Development plan saved policies, emerging local plan policies and SPD’s 94. The key policies of the adopted local plan are:

1.CO - seeks to limit development in the countryside to a range of appropriate uses - the site adjoins the urban edge as defined on the proposals map.

3.CO - planning permission will not be granted for development which would physically or visually diminish a local gap as identified on the proposals map

18.CO – seeks to limit development which has an adverse effect on the character of the landscape

23.NC – protection of SINCs

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25.NC – promotion of biodiversity

26.NC – protection of wildlife network

28.ES – waste collection

30.ES – noise sensitive development

31.ES – residential development and noise

32.ES– pollution control

33.ES – air quality

34.ES – reduction in greenhouse gases

35.ES – contaminated land

36.ES – lighting

37.ES – energy efficiency

42.ES – development within watercourse catchment

45.ES – Sustainable Drainage requirements

59.BE - seeks to ensure the high quality design of new development, taking full and proper account of the context of the site including the character and appearance of the locality

66.BE – information and communication technology

71.H – mixed use development

72.H – Density – minimum 35 dwellings per hectare unless local circumstances and context indicate otherwise.

74.H – Affordable housing.- on site requirement

91.T – transport schemes

92.T – Local transport proposals including (iv) bus partnerships; (v) Eastleigh cycle route network; and (vi) improved pedestrian routes to town centres.

100.T – Requires development to be well served by sustainable forms of transport, to provide measures to minimize impact on the network, minimize travel demand, provide a choice of transport modes

101.T - development to provide contributions towards sustainable transport.

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

103.T – green travel plans

104.T – parking provision

123.E – Chalcroft Distribution Park

146.OS – green network of open space

147.OS – open space requirements for new developments

149.OS – enhancement of playing fields and provision of all weather pitches

152.OS – enhancement of footpath network

153.OS – improvements to bridleways

162.TA – protection and enhancement of the Strawberry Trail.

165.TA – percent for art

168.LB – archaeology

186.IN – new community facilities

190.IN – Infrastructure provision

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191.IN – Developer contributions Hampshire Minerals and Waste Plan 2013 - The application site does not lie within a Minerals Safeguarding Area. Submitted Eastleigh Borough Local Plan 2011-2029 95. The Eastleigh Borough Local Plan 2011-2029 was submitted for

examination in July 2014. In December 2014, the Planning Inspector issued his preliminary conclusions on housing need, housing supply and economic growth and on 11 February 2015 his final report which recommended non-adoption as a result of the unsoundness identified to date. The findings of the Inspector in relation to the borough’s housing requirements clearly undermine the Plan’s strategy and policies for guiding future development. The other proposed allocations and ‘Development Management’ policies remain untested.

96. Overall, the weight that can be attributed to the policies of the Eastleigh

Borough Local Plan 2011-2029 is extremely limited. Nevertheless it represents the most recent statement of the Council’s development strategy for the borough and as such will be used so far as possible to guide new development proposals. The most relevant policies are:

S1 – promoting sustainable development

S2 – support for residential and other development including the presumption in favour of new development within the main built-up areas as defined by the urban edge - the site is adjacent to, but outside the urban edge

S3 – seeks to focus as much new housing development as possible within the existing urban area

S5 – the council will seek to achieve the provision of publicly accessible open space including amenity spaces

S8 – Footpath, cycleway, bridleway links supported

S9 – there is a presumption against new development in the countryside (all areas outside the urban edge). Development which physically or visually diminishes a countryside gap, or has an urbanising effect detrimental to the openness of the gap, the character of the countryside or the separate identity of the adjoining settlements will not be permitted

S11/DM9 – the land adjoining the site is significant for nature conservation interest

S12 – Heritage assets including archaeology protected

DM1 – includes general criteria for development including that it should not have an unacceptable impact on the character and appearance of urban areas and the countryside and that proposals should take full account of the context of the site (character, appearance, compatible with adjoining uses, scale, materials, density, design etc.)

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DM2 – sets out detailed requirements for development to be environmentally sustainable

DM4 – flood

DM5 – Sustainable surface water and watercourse management

DM7 – protection from pollution

DM9 – seeks to protect Sites of Special Scientific Interest and Sites of Interests for Nature Conservation from development which may have a direct or indirect adverse effect. Where the benefits of development clearly outweigh the adverse effects on the conservation value of the site, measures can be taken to mitigate or, if this is not possible to compensate for the adverse effects.

DM23 – Transport – general development criteria

DM24 – Parking criteria given

DM28 – Affordable housing requirement given

DM29 – Minimum internal space standards specified

DM33 – New and enhanced recreation and open space facilities requirements

DM37 – Funding infrastructure through planning obligations

WE1 – Land west of Horton Heath. 97. Policy WE1 allocated this site for development within the submitted

Local Plan. Policy WE1 requires the following; An area of approximately 100 hectares of land west of Horton Heath

and around Chalcroft Farm (30 hectares in Fair Oak and Horton Heath parish, 70 hectares in West End parish) as defined on the policies map is allocated as a strategic location for development to include housing, employment, open space and associated community facilities. Development will be subject to the approval by the Borough Council of a development brief including a masterplan which addresses the following requirements:

i the provision of a new road link between Bubb Lane and the

Chalcroft Business Park entrance on Burnetts Lane, as indicated on the policies map, built to a standard capable of taking the HGV traffic generated by the Chalcroft Business Park and the proposed new employment site, and incorporating roundabout junctions on Burnett’s Lane and Bubb Lane;

ii the provision of approximately 950 dwellings of a variety of sizes and tenures including provision to meet affordable and specialised housing needs in locations immediately to the west and north-west of Horton Heath, and around Chalcroft Farm to form a new village, as shown on the policies map;

iii the provision of approximately 6ha of employment land adjoining the Chalcroft Business Park as shown on the policies map, to accommodate employment in use classes B1(b), B1(c), B2 and/or B8, with vehicular access from Burnetts Lane, having regard also to the possibility of a shared access with the

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Chalcroft Business Park; iv the provision of a new 8 form entry secondary school (with

provision to expand to 10-form entry) and a three-form-entry primary school, including shared community use of the school playing fields to serve the new development and existing settlements in the surrounding area;

v the provision of community facilities to serve the new development and the existing settlement of Horton Heath, to include a new local centre immediately adjoining Horton Heath and a new village centre focused on Chalcroft Farm, and a contribution to the new Horton Heath community hall;

vi a layout of residential development immediately west and north-west of Horton Heath designed to maximise opportunities to create links to, and to integrate with the existing settlement;

vii a layout of development within and around Chalcroft Farm that retains and enhances the heritage and architectural value of buildings and landscape features within the farm complex, and does not prejudice the possibility of a transport link through to Allington Lane in the longer term;

viii the provision of vehicular access to the residential parts of the site from Burnetts Lane, Fir Tree Lane and Anson Road to the satisfaction of the Highway Authority;

ix contributions to the Botley Bypass (policy BO3 section 6.3) and other off-site highway improvements as required by the highway authority;

x the provision of footpath and cycle routes through the site and that link the new developments with the wider existing and proposed footpath and cycleway networks, including those within Horton Heath, and a contribution to the implementation of the proposed strategic footpath/ cycleway route alongside the railway linking Hedge End to Eastleigh (see strategic policy S8, Chapter 4);

xi the provision of public open space on site to provide a setting for the development and to meet the needs of the new and existing communities, including sports pitches, informal open space, allotments and related facilities with long term maintenance arrangements. Open space north of Fir Tree Lane shall be managed primarily for nature conservation interest and shall not be used for playing fields;

xii the provision of a comprehensive landscape framework for the site that includes measures to ensure that there is no damage to, and where possible enhancement of the Round Copse, Quobleigh Pond and Wyvern Technology College sites of importance for nature conservation, and that retains as many as possible of the existing mature trees and hedgerows within the site, enhances biodiversity interest especially of the watercourses running through the site, and provides a linked network of open spaces and green routes;

xiii provision of a connection to the sewerage and water supply systems at the nearest points of connection as advised by

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Southern Water, and of access to existing sewerage and water supply infrastructure for future maintenance and upsizing purposes; and

xiv the achievement of BREEAM Communities excellent standard in accordance with policy DM2g

Supplementary Planning Guidance

Supplementary Planning Document: Quality Places (November 2011)

Supplementary Planning Document: Environmentally Sustainable Development (March 2009) (having regard to the Ministerial Statement 28 March 2015).

Supplementary Planning Document : Biodiversity (December 2009)

Supplementary Planning Document: Residential Parking Standards (January 2009)

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

Supplementary Planning Document: Affordable Housing (July 2009)

Policy commentary 98. The above policies and guidance combine to form the criteria on which

this application will be assessed. Assessment of proposal: Development plan and / or legislative background 99. Section 38 (6) of the Planning and Compulsory Purchase Act 2004

states “If regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise”. The development plan in this case comprises the saved policies of the Eastleigh Borough Local Plan Review 2001-2011, and the Hampshire Minerals and Waste Plan (adopted October 2013). The Submitted Eastleigh Local Plan 2011-2019 (comprising: the Revised Pre-submission Eastleigh Borough Local Plan 2011 - 2029, published February 2014; and the Schedule of Proposed Minor Changes) was submitted to the Secretary of State in July 2014 and, following examination hearings in November 2014, the Inspector issued his final report on 11 February 2015. The final report recommended non-adoption on the basis of the plan being unsound. It can therefore be considered to have extremely limited weight in the determination of this application.

100. In terms of “other material planning considerations”, the National

Planning Policy Framework and Guidance constitute material considerations of significant weight.

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The Principle of Development – Housing Need 101. In accordance with the National Planning Policy Framework (NPPF

paragraph 48), relevant policies contained within the existing EBLP (2001-2011) for the supply of housing cannot be considered up to date if the LPA cannot demonstrate a five year supply of deliverable housing sites. EBC cannot currently demonstrate a supply of deliverable housing sites within the 5 year period (2014-2019), with the latest housing supply figures (Dec 2014) demonstrating a 4.5 year supply at present.

102. The submitted Local Plan (2011 – 2029) has been found to be unsound

by the Local Plan inspector on the grounds that insufficient housing land has been allocated. The publication of a new and revised plan is therefore subject to considerable delay and uncertainty in its progression towards submission to the Planning Inspectorate for examination. Therefore, despite a specific policy within this submitted plan which allocates housing on this site (Policy WE1), little weight can be afforded to this Plan in the consideration of this application.

103. The NPPF offers clear guidance for the assessment of planning

applications in these circumstances. At the heart of decision taking should be a presumption in favour of sustainable development of which there are three dimensions, social, economic and environmental. For decision taking this means approving proposals that accord with the development plan without delay and where the development plan is absent, silent or relevant policies are out of date, granting permission for sustainable development unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the NPPF as a whole, or unless specific policies indicated that development should be restricted.

104. To boost the supply of housing as per NPPF paragraph 48, it is

important to consider the deliverability of the proposed houses in terms of the actual contribution towards immediate housing need. The applicant envisages two house builders commencing build in early 2016, with 120 houses per annum being constructed, this site would deliver approximately 390 houses by the end of 2019. This scheme would make a significant contribution on the basis that housing is needed now and that to refuse the applications would contributes to the ever growing and urgent national housing need. Without this site coming forward within the projected timescales, the Borough’s housing land supply could drop to 4.1 years. If planning permission is granted on the basis of immediate housing need, it is important to encourage commencement of development rather than land banking. To this end, the applicants have agreed, in the event of a permission being granted, to a one year time limit rather than the usual three year limit for submission of the first reserved matters. This would encourage the

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early implementation of any permission and therefore a genuine contribution towards 5 year housing land supply.

The Principle of Development – prematurity 105. The Council will be unable to submit the new Local Plan for

examination much before late 2016, with adoption now estimated as mid-2017. The prematurity issue is whether the decision should be made now on this site, or whether it should be refused so that it can be assessed as part of the overall local plan strategy and in the light of the objections and competing merits and demerits of other sites.

106. It may be appropriate to refuse a scheme that is so substantial, or where the cumulative effect would be so significant, that granting permission could prejudice a future or draft local framework by predetermining decisions about the scale, location or phasing of new development. However, it is appropriate to take account of policies in emerging or draft local plans, with weight attached according to the stage of preparation or review. Should planning permission be refused on grounds of prematurity, the planning authority will need to demonstrate clearly how the grant of permission for the development concerned would prejudice the outcome of the Local Plan process.

107. The West of Horton Heath site is a greenfield allocation strategic

housing site within the submitted Local Plan. It also is linked to proposed delivery of a new link road, a much needed secondary school and a significant amount of employment land. The argument is advanced that permitting this development may set a trend for further development in the area. However the same or similar strategic arguments could be advanced for most large scale housing developments whenever they come forward.

108. It is also desirable that the objections against the allocation of the West

of Horton Heath development be heard at a Local Plan Inquiry. However, against this it can be said that the determining of ad-hoc planning applications such as this is also a democratic process, in which objectors often have a better opportunity to make their voices heard than would be the case at a Local Plan Inquiry, and in which democratically elected Councillors make the decisions.

109. It is considered that as that this site is included within the Submitted

Local Plan it would be difficult to substantiate a refusal by reference to it prejudicing the Local Plan process. The site has been brought forward on the back of extensive assessments and consultations carried out during the drafting of the submitted Local Plan, which offers support for development in this area as set out in policy WE1. Furthermore the application seeks to deliver housing, whilst the lack of a 5 year housing land supply and the proposal’s impact upon that supply in terms of its delivery timetable and are considered to be significant factors. The proposals are necessary to meet housing

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supply needs and in the circumstances the presumption in favour of sustainable development in the NPPF applies. It is recommended to Members that these considerations are sufficient to outweigh the prematurity argument.

The Principle of Development – other uses 110. Key objectives of both national and local planning policy are to

encourage sustainable mixed use communities and reduce the need to travel. To address these objectives the development is proposed to incorporate a primary and secondary school to provide for the needs of the children within the new and existing community; to retain existing employment on site and provide 6ha of new employment area to assist in providing local jobs; to deliver shared recreational and social facilities including a large community hall, multi-use games area (MUGA), sports pitches, a local centre with retail and other mixed use activities to reduce the need to travel further afield for everyday groceries. This local centre will also serve the existing Horton Heath locality which is limited in community and retail provision.

111. The proposed phasing will need to ensure that the community facilities

would be built at an early stage of the development to enable early social integration and absorption of the development into the area. Detailed applications for all uses will be required and the timing of their implementation is proposed to be controlled through a phasing condition.

112. The principle of non-residential land uses in association with housing

development are considered acceptable in planning terms and in accordance with Development Plan policies and NPPF guidance relating to mixed uses, the minimisation of the need to travel and sustainable development, (adopted plan policies 15.CO, 68.BE and submitted plan policies S1, S4, S5, S6, DM11, DM19, DM35).

Land Use and Amount – the Parameter Plans 113. For approval are seven parameter plans which illustrate a framework

for development which would be evolved through the reserved matters applications:

114. The development boundary parameter plan outlines the area in

which works are proposed. This plan accords with the site allocation boundary within the Submitted Local Plan all accept a small area of land in the NE corner that has been omitted. The parameter plans make provision for this small area to be integrated within this larger land area in the future.

115. The land use parameter plan indicates how the land is proposed to be used across the site. The school site has been centrally located to assist with ease of access from both existing and proposed residential

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areas, whilst offering the relatively undeveloped sports pitches against the boundaries of existing dwellings. The topography of the site, its ditch network and landscape features serve to disaggregate the developable areas into defined northern and southern areas, which assist in reducing the visual impact and intervisibility of the development from public vantage points. The extent of undeveloped areas, in the form of formal and informal public open space (POS) and wildlife areas ensure the development is provided a good setting whilst preventing impact on existing feature of nature conservation value. The extent of POS is some five times greater than that needed to be policy compliant. The land use parameter plan is also considered to be in accordance with adopted plan policies 23.NC, 26.NC, 71.H, 146.OS and submitted plan policies S1, S9, DM1, DM10 and WE1 (iii, iv and v).

116. The Residential Density Parameter Plan gives an indication of the

scale of development and indicates the general location of the dwellings and their density. The parcels of land indicating differing densities are proposed divided up on the basis of site constraints, landscape character and proximity to local facilities. Generally the very low density areas (up to 25 dph) would be located around the proposed Chalcroft Farm village centre. The low-medium density areas (30 - 35 dph) would be located adjacent to the farm and existing dwellings to the east of Burnetts Lane. The medium density areas (35 – 40dph) are located more internally to the site and in part close to the local centre. The highest density (40 - 45 dph) would be located near the centre of the site to give a critical mass of people and inject activity within the core of the site.

117. The residential density proposals have evolved in a manner that have

taken account of densities in the local area, minimum house sizes, the Quality Places supplementary Planning Document and parking standards although there are elements of the character area plans within Design and Access Statement that officers have concerns with. These concerns will need to be addressed at the reserved matters stage. Amendments have been secured to reduce the density of development on land to the east of Burnetts Lane where it abuts existing low density dwellings. On this basis the plans are considered acceptable and in accordance with relevant NPPF guidance at paragraph 58 which seeks to establish a strong sense of place whilst optimising the site potential, and Development Plan policies on achieving sustainable communities ie. 72.H, (adopted plan) S1, DM1 and WE1 (ii) of the submitted plan.

118. The Building Heights Parameter Plan gives an indication of the scale

of development and proposes generally the lower density housing to be up to 9m in height, the medium density up to 12m in height whilst the higher density development, which may contain apartments and is proposed around the local centre, could be up to 15m in height. The height of the development proposed assist in delivering the feeling of space and suburban, edge of settlement development on the perimeter

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of the site, whilst the more urban centre, where presence and a sense of place is required, the height is maximised at 15m. The Design and Access Statement suggest the buildings within the local centre would be up to 4 storey, with some residential above shops or other commercial end uses.

119. The buildings on the employment land are proposed to be a maximum

of 15m in height, however to avoid ubiquitous and monolithic boxes dominating the southern end of the site, the eaves will be limited in height to 7.5m. Similarly, the schools are restricted to the same limitations, their final form being determined by HCC at the reserved matters stage. The storey heights have evolved in response to landscape character, existing vegetation and buildings and views into the site and are therefore considered acceptable and in accordance with NPPF guidance contained within paragraphs 56 and 58 which seek to ensure good design and development plan policies that seek to ensure an appropriate response

120. The Landscape Parameter Plan indicates a series of strategic open

space (27ha) which includes play areas, footpaths and sustainable drainage features in addition to ecological mitigation areas (13ha) needed to provide buffers to ecological features such as existing SINCs or wildlife corridors as well as compensatory habitat for protected species. Differing management regime will be applied to each of the areas the details of which will be agreed via strategies to be secured through conditions and the s106 process. The total amount of open space significantly exceeds the 7ha sought to be policy compliant offering opportunity for a variety of formal and informal open spaces dissected by a public right of way network for the benefit of new and existing residents. Formal sports pitches will form part of the school site to which community access will be secured through the use of a “community use agreement”. Three equipped children’s play areas will be provided across the site in addition to a teenage MUGA area that would be available free of charge for the community.

121. The landscaping strategy and use of the open space will contribute to

differing characters areas, whilst new buffer and tree planting will create a series of green infrastructure corridors throughout the development framing development parcels and acting as wildlife corridors. The proposed open spaces have evolved in a logical manner and respond to site constraints, context analysis, stakeholder engagement and development plan policies and assessments and would therefore accord with guidance contained within the NPPF paragraph 73 which seeks to ensure access to high quality open spaces, paragraph 75 which seeks to protect public rights of way, saved adopted plan policy 147.OS and submitted plan policies WE1(xi and xii), DM32 and DM33.

122. The Access and Movement Parameter Plan establishes the general

principles of access and movement within the site, with primary and

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secondary roads identified. The strategy for vehicular access and movement includes a main spine road linking Burnetts Lane and Fir Tree Lane, with a link road extending across to Bubb Lane in accordance with the policy requirement of WE1 (i). The spine road provides direct access to the school site and local centre, leads into the northern part of the site with scope to link into Anson Road should development to the east be brought forward. The developable areas and access plan also ensure that the option to link to the west towards Allington Lane is not prejudiced. The plan indicates a secondary road linking into Fir Tree Lane (west) with large parts of Fir Tree Lane shown for closure or access only. The County highways team are continuing to review the impact of traffic on, and the suitability of, Fir Tree Lane as a key route to the west and to the new secondary school. The narrow nature of the lane results in elements of single track carriageway and the views of HCC on its suitability are awaited. The roundabout and link road to Bubb Lane are detailed matters that are to be considered as part of this outline application, with these details considered within the highway section of this report.

123. The illustrative masterplan suggests a network of smaller residential

streets within this structure although the exact determination of the layout is a detailed matter to be considered with later applications. The parameter plan also indicates a network of new and improved rights of way, pedestrian and cycle routes linking to existing footpaths and cycle routes at various points, ensuring the option for more sustainable travel. A revised access parameter plan is sought to minimise the extent of diversions to Public Rights of Way (PRoW) following negotiations with the County Rights of Way team. The s106 will secure contributions to upgrade existing off-site rights of way to improve link to schools and facilities. The access parameters have evolved in response to site constraints, context analysis, stakeholder engagement, NPPF guidance at paragraph 35 seeking to exploit opportunities for sustainable transport modes, paragraph 58 which seeks to ensure a place functions well and adopted development plan policies T1, T2, 100T, 102.T, 152.OS and submitted plan policies WE1(i, viii, x) (S6, S7 and DM23.

124. The Hydrology Parameter Plan identifies existing watercourses and

ponds, proposed sustainable drainage features and ecological mitigation ponds. The existing watercourses have green buffers of a minimum width of 8m in response to the requirements of the Environment Agency and Borough’s ecologist. In accordance with national and local planning policy, a network is sustainable drainage features are included across the site and located within the open space and serving the development blocks. The SUDs features will be managed and maintained differently to the ecological mitigation ponds provided for the migrating and foraging of Great Crested Newts. The plans clearly identify a series of ponds along green corridors which form part of the Great Crested Newt mitigation strategy. The hydrology

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plans complies with saved policies 25.NC, 45.ES and submitted policies DM5 and WE1 (xii)

125. The Development Phasing Plan identifies the likely order in which the

site will be brought forward for development. Critical is the early deliver of the school site to enable the school to be operational by September 2019, which requires the primary spine road and link to Bubb Lane to be the first reserved matters to be submitted. The site would be developed by two development companies with the parameter identifying residential areas adjacent to Chalcroft Distribution Park (phase 2a) and around the local centre (phase 2b) likely to be brought forward at a similar time. The phasing plan provides the Council with assurances that the early delivery of key infrastructure and housing can be delivered.

126. In conclusion the parameter plans are the culmination of an

assessment of the site, the stages of which are detailed within the Design and Access Statement. The site has been shown to have the capacity for up to the number of dwellings stated, together with the associated non-residential land uses in a form that is considered acceptable within the landscape. Historically, outline planning applications have often left gaps in terms of reassuring Local Planning Authorities as to the context in which detailed applications will come forward. With the advent of parameter plans, there is much less uncertainty. The parameter plans submitted are considered to give comfort that future reserved matter applications on this site would be in accordance with all Plan policies relating to the specifics of site development as listed in the policy sections above.

Sustainable Development – three strands Economic Sustainability 127. One of the core planning principles of the NPPF is to proactively drive

and support sustainable economic development to deliver, amongst other things, the homes that the country needs. As with any new housing, it’s would bring people into the area which would be a continuing economic benefit that would support growth in the local economy. A New Homes Bonus would also be paid and the development would create construction jobs. The development proposes an extensive area of employment land (6ha) for a range of uses including light industry, warehouse and distribution and general industry accommodated within approximately 24,000 square metres of new buildings.

128. In addition to this development comes the ability to collect financial

developer contributions to offset certain impacts of the development, such as transport contributions towards improvements to the local network and contributions towards the provision of enhanced community infrastructure. Provided they are secured and do outweigh

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the impacts of the scheme, these are all considered benefits in the planning balance and overall, the proposals are considered to be economically sustainable.

Social Sustainability Housing mix, deliverability and affordable housing 129. The application is in outline and the supporting information confirms

that a range of house types, sizes and tenures would be provided, including 35% affordable housing in accordance with Saved Policy 73.H of the adopted Local Plan and Policy DM35 of the Deposit Local Plan. The Council’s adopted Affordable Housing SPD is also a material consideration, as the NPPF which aspires to “deliver a wide choice of high quality homes in inclusive and mixed communities to meet the needs of different people”.

130. The Head of Housing Services supports the application and its

proposed delivery of up to 333 units for affordable rent or shared ownership. Each phase of development would be required to provide the necessary 35% and the units would therefore be pepper-potted across the site. Such provision weighs heavily in favour of the scheme particularly in the light of very high numbers of urgent and priority cases on the Hampshire Homechoice waiting list for affordable housing.

131. Future reserved matter applications would be submitted late 2015, with

commencement of work on site mid-2016 and first completions (30 dwellings) early 2017, assisting with the urgent housing needs within the Borough, and finally completing within 10 years. The site would make a significant contribution to housing required for the Borough.

Health Provision

132. The proposed development equates to approximately 2,280 residents, which based on a maximum of 2,000 patients/GP generates a requirement for at least 1 GP plus primary care support services, a view that is shared by those representing the medical industry when commenting on this scheme. Stokewood Surgery has recently undergone a refurbishment (2014) and the practice manager has advised that patient levels are circa 25% above that which they can sensibly accommodate (based on floor areas) and that there is little scope to extend the existing premises without expanding on the land outside of their current site. The current GP/patient ratio equates to 2,100 patients per GP, an under provision by 800 patients based on maximum capacities.

133. The option of a new branch practice on site was discounted by Stokewood and NHS England due to the practical delivery of a

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functional and worthwhile facility, thus focus has been applied to addressing the health needs of this development off-site.

134. The Council are seeking to secure a strategic long term solution to

health provision as part of the review of the submitted Local Plan for the period 2011 – 2036. However, in advance of this the Council are seeking contributions to mitigate the impact on the existing local surgery, through either facilitating an extension to the surgery building or pooling funds to deliver a more strategic solution. The applicant has agreed to the principle of such funding.

Community facilities

135. As a mixed use scheme the application provides for a substantial

community building (two storey with a 900sqm footprint) which would accommodate a range of end users. The Design and Access Statement suggests it would comprise of a two-part hall suitable for sports activities and use by a pre-school, a café/library area, office and meeting space, changing facilities and 2no. NHS community consultation rooms for non-primary care treatment. An inclusive approach to the design concept of the community building has been adopted with the applicant engaging with Fair Oak and Horton Heath Parish Council and expected end users. Ensuring the community centre is phased for early delivery is essential to ensure “buy-in” from the new and existing community of Horton Heath and to assist the applicant has agreed to the principle of funding a community worker. This is a significant local benefit and helps deliver a sustainable development with a focus for the community, which along with the employment land will deliver a quality mixed use development in accordance with saved policy 71.H and submitted policy WE1(v). In addition, extensive public on-site open space for formal and informal use is proposed with three areas of equipped play, a MUGA and footpaths, cycle paths and new bridleway which are of social benefit.

Education

136. In accordance with submitted Policy WE1 (iv) the land use plan makes provision for a new 8 form entry secondary school (with provision to expand to 10-form entry) and a three-form-entry primary school, including shared community use of the school playing fields. The extremely limited capacity of local schools has formed part of the infrastructure considerations for the proposed development and has informed the scale of the development that is now proposed. HCC Children’s Services have confirmed the principle of a 13ha school site in the location indicated is acceptable and are supportive of bringing the delivery of the schools forward as quickly as possible, envisaging a September 2019 opening. The details of the schools and their exact location would be the subject to a reserved matters application submitted by the County. The schools will form an important role in fostering a community on the site, positively contribute to the urban

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design ethos of the site and benefit the wider communities within the locality. Concerns have been raised by residents to the need for and suitability of this site for a new secondary school, with alternative locations suggested within Fair Oak and West End. Following discussion with the County which concluded there is a very pressing need to deliver a new secondary school within the area, the County and the Borough Council expanded the site boundaries to ensure a school can be delivered as part of strategic housing allocation, thus enabling an immediate patronage of the school and ensuring its early delivery.

137. Following discussions with HCC Children’s Services, the applicants

have committed to making a financial contribution for the construction of the primary and secondary school, although final levels of contributions to be set down in the requisite Section 106 agreement are still to be agreed.

Environmental Sustainability Landscape Character 138. The Council’s Landscape Character Assessment 2011 locates the site

within the LCA ‘Horton Heath Undulating Farmland’. This describes the unifying characteristics of this ‘predominantly agricultural landscape’ as the gentle undulation of the landform and the pattern of medium sized fields. Although this is a predominantly agricultural landscape, there are some intrusive urban edges, and it neither contains nor forms part of any designated landscapes. The Landscape and Visual Assessment (LVIA) notes an important contributor to landscape character are the landscape features within the site including arable/pastoral fields, hedgerows, woodland and trees, streams and ponds and Public Rights of Way (PRoWs). The LVIA suggests the visibility of the site is largely contained by the vegetation the majority of the identified receptors are located within 1km of the site. This is not a statement that the Council disagrees with although there are views possible of the site from both Allington Lane and Bubb Lane (north of the new link road). The site is crossed by a network of PRoWs which currently enjoy a rural setting. Overall the LVIA concluded the scale of the development did not forma major part of the LCA ‘Horton Heath Undulating Farmland’ and the impact on the landscape character areas would not be major due to extensive areas of open space, wildlife corridors and landscape buffers.

139. Officers are of the opinion that the proposed development would have

a significant impact on the countryside when viewed from both public and private vantage points. The LVIA national guidance suggests a low value for the character of this part of the countryside and that development results only in a minor adverse impact on this character. However, the impact as perceived by local residents, those using the footways, highway network (especially Burnetts Lane) and the

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properties that border the undeveloped areas will be a much greater personal impact. The Borough’s landscape officer also questions the value placed on this area of undeveloped land within the LVIA conclusions. However, weighed against this is the containment of long distance views both from within and off the site from further afield due to the topography and mature woodland close to the boundary of the site.

140. The northern and eastern parcels of development extend in to the local gap (policy 3.CO), which are designated to prevent the coalescence of settlements. The ES advises the gap to the north of Fir Tree Lane is enclosed by Quobleigh Woods providing a significant degree of separation both visually and physically between Fair Oak and Horton Heath, therefore not compromising the integrity of the gap between Fair Oak and Horton Heath. The ES advises the development in this area will not be visible from Fair Oak and will form a natural extension of the Horton Heath settlement edge without increasing the risk of coalescence between the two settlements. Development south of Cherry Drove is contained within existing hedges and occupies a small proportion of the area identified as a gap. The vegetated railway cutting forms a strong barrier between Horton Heath and Hedge End and there is no intervisibility between the two settlements.

141. The proposals would certainly have an adverse impact of the two areas of gaps concerned and the perception of leaving one settlement before entering another from the road and footpath network. From various vantage points there is a degree of intervisibility-in particular footpaths and Fir Tree Lane, although the degree of coalescence between settlements and reduction in perception of leaving one settlement before entering the next is somewhat minimised due to the limited long distance views.

142. Officers accept the fact that the gap boundaries will need to be redefined, that the compromise is necessary to accommodate the development requirements and that the visible setting of the development will be provided with a strong new setting appropriate in the existing landscape.

143. Light pollution has also been considered as this can have an impact upon landscape character. Paragraph 125 of the NPPF states that good design should limit the impact of light pollution from artificial light on local amenity, intrinsically dark landscapes and nature conservation interests. It is inevitable that the site will be illuminated at night changing the character of this rural location. It is important to try and minimise this where possible through careful design to ensure any light spillage is managed to be within acceptable limits. It is therefore recommended that should permission be granted, a conditions is attached requiring details of lighting be submitted and approved before the commencement of each phase of development.

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144. The proposed development would double the number of dwellings within Horton Heath and the concerns of the detriment this may cause to the character of Horton Heath are appreciated. The proposal has developed in an effort to respond to these concerns through the distribution of land uses and inclusion of extensive areas of undeveloped land, resulting in two clear residential areas separated by open space and the school playing fields. The development would deliver much needed local facilities through a modern and extensive community facility, retail and employment opportunities and two schools around which a new local centre would be delivered serving both the existing and proposed housing. Without a large strategic allocation of housing the community benefits or highway improvements would not be secured.

Protecting the most valuable agricultural land 145. The site consists of land that has an Agricultural Lane Classification of

Grade 3 and 4. Policy 4.CO of the adopted Local Plan was not saved, however submitted policy DM13 of the deposit Local Plan resist the permanent loss of the best and most versatile agricultural land (Grades 1, 2 and 3a. The NPPF advises in paragraph 112 that "local authorities should take into account the economic and other benefits of the best and most versatile agricultural land [and that] where significant development of agricultural land is demonstrated to be necessary, local planning authorities should seek to use areas of poorer quality land in preference to that of a higher quality". As grade 3 and 4, the site meets the requirement advocated within the NPPF and the submitted Local Plan policy.

Access, Parking and Highway Safety 146. Traffic impact is one of the principal concerns relayed by local

residents and the parish councils in their representations with particular reference to traffic impact on local junctions, Fir Tree Lane and Moorgreen Road. The application was been submitted with a detailed Transport Assessment (TA) subsequent to which an addendum, a pedestrian and cycle audit and a revised framework travel plan were provided. The TA has taken in to account the cumulative impact of committed (permitted and proposed) development and overall its methodology, data and conclusions are supported by the County as the Highway Authority.

147. As a mixed use development this will inherently minimises to a degree the need to travel by providing nearby, walkable facilities and amenities in accordance with the NPPF and local policies. Nevertheless the development would create additional vehicular journeys from each of the separate use, although not all movements depart and arrive from a particular housing development simultaneously, whilst others will use non-car modes of travel to different destinations. Each of these assessments affect the prediction of how certain junctions might fare in

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terms of capacity and decisions on improvements needed to be delivered. The Highways Authority (Hampshire County Council) and the Highways Agency have been consulted on this application and have interrogated the applicant’s assumptions, calculations and predictions.

148. Vehicular trip generation is usually assessed in terms of peak hours as this is when traffic has the most impact. The traffic movements at the Horton Heath site have been assessed at 1005 movements (478 arrivals and 522 departures) in the morning peak hour and 676 movements (376 arrivals and 300 departures) in the evening peak hour. This accounts for all land uses on site with approximately 56% of peak hour journeys in the morning being attributed to the school, 35% residential and the remaining 9% attributed to the employment uses. With the majority of school traffic falling outside of the evening peak hour residential movements account for 76% of movements,14% school related and 10% employment uses. The TA has considered links and junctions that would experience an increase in traffic. Increases in traffic flows of greater than 30% on links are deemed worthy of assessment (national guidelines) and these are set out below (percentages are without any mitigation measures);

Fir Tree Lane (West of Burnetts Lane) (69%);

Fir Tree Lane (East of Allington Lane) (75%);

Burnetts Lane South (Roundabout approach) (60%);

Burnetts Lane South (Moorgreen approach) (59%); and

Moorgreen Road (30%).

149. A number of other links would experience an increase of traffic movements between 10 – 30% in the vicinity and these too have been assessed.

150. Specific junctions have then been modelled to assess their capacity in 2025 to deal with the increased traffic without causing unacceptable queues or delay. Improvement schemes have been proposed by the applicant on the basis of the proportion of traffic using a certain route and the capacity forecast. The County has reviewed the TA and the impact and has concluded the data is robust and the off-site highway works are suitable mitigation to address the traffic impact in the year 2025, taking in to account this scheme and all other permitted schemes within this locality. A summary of the key junction impacts for which mitigation measures are proposed are as follows;

Allington Lane / Fair Oak Road junction – significant impact and would exacerbate the junction that already operates over capacity.

Bishopstoke Road/Chicken Hall Lane mini-roundabout – already operating over theoretical capacity. A financial contribution to improvements proposed.

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Bishopstoke Road / Twyford Road Roundabout – already operating over theoretical capacity. A financial contribution to improvements proposed.

Bubb Lane / Tollbar Way Priority Junction – would operate over capacity with this development. Improvements to the junction proposed.

Moorgreen Road/High Street/Telegraph Way Double Mini-Roundabouts – would operate over capacity in 2025 without this development.

Tollbar Way / Maunsell Way runabout - would operate over capacity with this development. Improvements to the junction proposed.

Charles Watts Way/Turnpike Way roundabout - would operate over capacity in 2025 without this development. Improvements proposed.

151. Improvements are also proposed at the following junctions;

Botley Road / Eastleigh Road / Stubbington Way

Burnetts Lane/Botley Road/Knowle Lane

152. The following junctions are considered to operate within capacity with the development in 2025;

Fir Tree Lane / Allington Lane

Fir Tree Lane / Burnetts Lane

Botley Road/Snakemoor Lane roundabout 153. Through the planning obligation the Council will secure improvements

to the junctions as referenced in the consultation response of HCC Highways.

154. It is proposed to divert a section of Fir Tree Lane into the site, parts of the old alignment of Fir Tree Lane will then become a pedestrian and cycle green link. Access to the Foxhole Farm cottage would be maintained from a roundabout to the east with no direct through route to the west. Along the western section of Fir Tree Lane, the carriageway would be widened and the Transport Assessment states the width would vary along the section up to the Allington Lane junction between 3.25 and 4.8m. The Highway Authority acknowledges that the scope of available improvement is limited due to the extent of the Highway Boundary in this vicinity. However, road widths of 3.25m would not be wide enough for two cars to pass each other. With traffic flows at circa 350 two way trips in the AM and PM peaks concerns have been raised as to the suitability of this road for serving this extent of movements. Further evidence has been submitted to demonstrate queuing at the ‘pinch points’ would be minimal (no more than 3 cars at any one time) and that an alternative approach would be to make part of Fir Tree Lane one way, with evidence submitted to demonstrate the other junctions on the highway network could accommodate traffic distributed as a result of this option. As part of the strategic review of

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infrastructure needs for the lifetime of the new Local Plan (up to 2036) the Council will be considering the need for further improvements to west which could also alleviate traffic movements on Fir Tree Lane in future years. On balance, the County does not object to the principle of development but welcomes early review of options to improve links to the west of the site.

155. Junction 7 of M27 will undoubtedly take some increase in traffic as a result of this development and negotiations are continuing with Highways England to ensure the impact does not result in unacceptable levels of congestion on the strategic road network (M27). Members will be updated on this matter verbally at the committee meeting.

156. As well as the proposed improvements to the junctions, the more immediate traffic impact upon the existing residents of Horton Heath and West End has also been considered. The impact would be addressed by way of the closure of Burnetts Lane, south of the existing entrance to Chalcroft Distribution Park. This would be the subject of Traffic Regulation Order (TRO) through which the views of residents, local businesses and emergency services would be sought. Neither the County nor the Borough Council wish to rely solely on “access only” signage to prevent traffic from travelling south to Moorgreen Road via Burnetts Lane. The County recognises the concerns promoted about impact of traffic using Moorgreen Road however they favour assessing the impact of the development once work commences rather than implementing restrictions at the Bubb Lane / Tollbar Way junction. The S106 agreement would ensure the assessment of the impact of traffic on this junction and Moorgreen Road and any mitigation necessary is carried out in a timely way.

157. It is also important to consider pedestrian and cycle access to and from the site. Pedestrian and cycleway access points into the site would be provided from a number of locations whilst improvements on site to the network of rights of way are proposed along with the following off-site improvements; crossing points on Burnetts Lane and Bubb Lane, pedestrian access along parts of Fir Tree Lane, a financial contribution toward the provision of a crossing of Botley Road to the north of the existing petrol station, upgrading of the footpaths to Chapel Drove the existing public right of way between the development and the Wyvern Campus, an alternative route within the Lapstone Recreation Ground and to the existing public right of way between the development and Dean Road, new footways along part of Bubb Lane and Burnetts Lane and proportional contribution toward improvements to existing footways and cycleways

158. Wherever possible the existing rights of way as shown on the definitive map will remain in situ. Only in two places are formal diversions necessary) along the spine road west of the school) and on land south of the Chalcroft Farm complex). Amended parameter plans have been

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secured to minimise the extent of diversions, whilst where diversions are necessary the diversions would be on to landscape / green routes rather than along residential estate roads. If members are minded to permit this outline application, officers ask that agreement is also given to progress the formal diversion order of the rights of way (undertaken by the applicant).

159. In terms of the bus services, it is proposed that an improved service is delivered to link the site to Fair Oak, Hedge End and Hedge End Station between the hours of 0700 and 1900 Monday to Saturday. A ‘level of service’ agreement will be entered in to and secured through the planning obligation to ensure delivery at the appropriate time.

160. A Framework Travel Plan has been agreed with Hampshire Highways that aims to reduce the number of vehicle trips generated by 10%, 5 years into development. This would be progressed through measures to promote walking and cycling, a travel voucher for public transport for every household, journey planners, promotion of the Hampshire’s car sharing scheme and a residents car club. A framework for management and implementation of the travel plan is proposed. A Travel Plan Coordinator will be appointed by the developer until some 2 years after final occupation of the new residential development. To ensure the best chance of success, a bond would be taken by the County and returned to the developer in phases once targets were reached.

161. In terms of construction vehicle movements, the “in combination” movements for the construction of up to 120 dwellings a year at the same time as other land uses being constructed could generate 120 vehicle arrivals (100 car/van and 20 HGV’s) per day in the busiest year (two way movements of 240 vehicles). These figures are lower than the anticipated traffic generation of the operational development and are not considered to be unacceptably high. However, as a condition appropriate management of demolition and construction traffic will be undertaken within a Construction Environmental Management Plan (CEMP) and a Construction Traffic Management Plan (CTMP) which are to be secured via conditions.

162. Finally, the access points in to the development are detailed matters under consideration with this application. The technical plans provided demonstrate the new roundabouts on Burnetts Lane and Bubb Lane, together with the link road and the priority junction off Burnetts Lane to the eastern parcel of land can be delivered without causing harm to highway safety.

163. It is considered that the above measures which include the improvements to junctions, the upgrade to existing, and proposed new, pedestrian/cycle routes, the financial contributions towards bus services and the implementation of a travel plan would address each of the transport related impacts of the development. Such measures

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would facilitate vehicular access but also contribute towards sustainable access patterns. This is in accordance with the NPPF guidance on sustainable development, the encouragement to find solutions which reduce congestion and to exploit opportunities for sustainable transport modes and adopted plan policies 100.T, 101.T, 102.T, 103.T, 152.OS, 190.IN, 191.IN, and submitted plan policies S1, S6, S7, DM1, DM23, DM37 and WE1.

Noise and Vibration 164. Paragraph 123 of the NPPF states that decisions should avoid

significant adverse noise impacts on health and quality of life as a result of new development, impacts should be mitigated where possible, and that there should be a recognition that development will often create some noise. The application also needs to be considered against the adopted local plan saved policies 30.ES and 31.ES, and submitted plan policies DM1 and DM7. A detailed noise assessment was carried out by the applicants and additional information in the form of an addendum to the noise assessment was received on 19 May 2015 which the Head of Environmental Health has reviewed.

165. The noise assessment concludes there are no existing noise or

vibration impediments preventing the site from being developed. It acknowledges that there would be an impact during the construction process and this can be controlled via conditions Construction Method Statement, which the Council agrees with.

166. Of greater concern was the initial reliance of the noise assessment on

“sensible planning”, layout, design of the residential areas, solid boundary treatment to roads and hours of use restrictions on elements of the community facilities and employment activities closest to the residential areas. Furthermore, it did not considered in sufficient detail the impact of noise from the proposed commercial areas or future traffic growth. The noise assessment addendum submitted 19 May 2015 provides noise maps, a sensitivity test for increased traffic movements associated with a through road, includes 10m buffers region within which dwellings should include acoustic double glazing and attenuated trickle vents, proposes a 2m high screen be added to the bund on the south side of the new link road, reiterated the need to carefully plan the commercial areas and the provision of the buffer between the existing commercial businesses and new dwellings and the school layout to minimise noise disturbance is detailed matter for HCC to address at the reserved matters stage.

167. The Head of Environmental Health has identified the combined information clearly demonstrates the increase noise associated with an increase in traffic movements and the need for controls to be imposed on the commercial elements of this scheme (hours of use, delivery vehicle movements, siting/use of proposed buildings) in addition to careful consideration of the design and siting of residential properties at

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the reserved matter stage. The impact of traffic noise on dwellings off site is acknowledged and although direct mitigation is not possible, the options of reducing traffic movements through sustainable transport options and exploring the option for a future improved highway link (which would accord with WE1 (vii) is encouraged. The application is therefore considered in accordance with national guidance and adopted plan policies NRM10, 30.ES, 31.ES, and submitted plan policies DM1 and DM7 and acceptable in noise terms.

Air Quality 168. The NPPF states (para 124) policies should sustain compliance with

and contribute towards national objectives for pollutants, taking into account Air Quality Management Areas and the cumulative impacts on air quality from individual sites. Adopted plan policies 32.ES and 33.ES and submitted plan policy DM7 require any impacts upon air quality to be assessed in this regard. There are also a number of European Directives that apply to air quality which the Air Quality Standards Regulations (2010) seeks to transpose and simplify.

169. The application has been submitted with an air quality assessment and

Environmental Statement (ES) which considers the impact of the development upon air quality at various receptors. Both the construction and operation phases were considered as well as various forms of air quality pollutants. In particular, NO2 and particulates were considered from increased level of traffic and construction activities.

170. The closest Air Quality Management Area (AQMA) is located

approximately 4.5km from the development site in Eastleigh. Bishopstoke Road runs to the north of the site and enters the AQMA, therefore any potential impacts upon this road, and potentially, the AQMA, are assessed within the ES. Using base level data the ES advises the sensitivity of the location in terms of air quality is considered to be generally very low and air quality is not of significant concern in the vicinity of the development site, however ensuring the development does not affect the free flow of traffic or increase the idling of engines is essential. Based on the findings of the TA, the ES suggests air quality impacts upon humans associated with the development traffic are considered to be of negligible adverse significance and therefore no mitigation is proposed. The Head of Environmental Health does not disagree with the findings. However, the assessment has not assessed the short term impacts arising from localised congestion during peak hours associated with the school hours should be provided. The Head of Environmental Health has requested this be conditioned a contribution towards monitoring air quality monitoring and management be secured via the planning obligations.

171. For the construction phase, the air quality assessment details a

number of mitigation measures which could be controlled through the

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use of a condition requiring the approval of a Construction Environmental Management Plan. Such a plan would include measures such as barriers being erected, no bonfires, proper training for all site personnel, wheel washing, construction vehicle routing, hard surfaced haul routes and dust suppression methods.

172. In air quality terms, the submitted assessments indicate that a mixed

use development of 950 houses and link road could, in principle, be accommodated in the particular locations proposed without significant detriment to human health in terms of air quality subject to the TA being agreed, the impact of school traffic being assessed and the required mitigation measures. Subject to the final comments of the Head of Environmental Health, the application can be considered in accordance with the NPPF, adopted Development Plan policies 32.ES and 33.ES and submitted plan policy G9 and DM7.

Land Contamination 173. The NPPF and saved policy 35.ES requires sufficient information be

provided to adequately demonstrate that the land can and will be remediated to a standard suitable for the proposed end use and will ensure that the risk of pollution of controlled waters is minimised.

174. The submitted desk based assessment of contamination concludes

that localised contamination impacts may be present in the vicinity of the farms on site and adjacent to the distribution park to the south of the site and there is a potential for widespread pesticides in shallow soils across the site and for naturally occurring ground gas. Through suitably worded conditions requiring a Construction Environmental Management Plan (CEMP) and an intrusive ground investigation, The Head of Housing and Environmental Health has advised the principle of development is acceptable.

Drainage and Flood Risk 175. In terms of the foul water strategy, it is known that there is currently

inadequate capacity in the existing foul sewerage system for this development and the Environmental Statement recognises that without mitigation, the environmental impact of development would be major. The applicants have been aware of this fact from an early stage and have been in discussions with Southern Water for some time. Presently, the discharging of foul drainage by means of a new sewer from the site to the Chickenhall Eastleigh Wastewater Treatment Works (WTW) has been discounted following confirmation from Southern Water there is insufficient capacity to serve the development, even in the short term (3 years) until the planned investment to improve capacity at the WTW is delivered. As an alternative, Southern Water has advised the existing infrastructure at Peel Common has sufficient capacity to serve the entire development, thus the scheme can be

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serviced via Botley WTW subject to a detailed strategy for any upgrading infrastructure needed between the site and Peel Common.

176. The application site lies within Flood Zone 1 which is considered to

have little or no risk of flooding and the submitted Flood Risk Assessment demonstrates that the development would not increase the risk of flooding elsewhere, subject to the implementation and management of a comprehensive Sustainable Urban Drainage System (SUDs). SuDS have been proposed for incorporation into the outline drainage design which would take the form of swales, porous/permeable paving; and attenuation ponds. The hydrology parameter plans provides 15no. attenuation ponds or SUDs features within areas of Public Open Space the long term management of which will be secured via the S106.

177. To ensure the suitability of the water quality reaching sensitive

receptors (River Itchen) is maintained the surface water runoff from potentially polluted areas (e.g. access roads, parking areas) will be discharged via source control measures. This effectively reduces total suspended solids, heavy metals and hydrocarbons from the runoff, providing water quality treatment. The detailed approval of a comprehensive Sustainable Urban Drainage System (SUDS) is recommended as a condition. However in principle it is considered that the surface water drainage could be accommodated to ensure no increase in run-off from the site above existing levels. The Environment Agency has been consulted on this aspect and, subject to the recommended conditions, has no objection to the proposals. A Construction Environment Management Plan is required to ensure pollutants as a result of the construction process do not enter the network of watercourses within or abutting the site.

178. Based on the information provided, and subject to Southern Water

confirming sufficient biological headroom at the WTW, it has been established that the site accords with saved policies 41.ES, 42.ES, 45.ES and submitted policies WE1 (xiii), DM4 and DM5.

Ecology and trees 179. The application site is within or in close proximity to a European

designated site (also commonly referred to as Natura 2000 sites), and therefore has the potential to affect its interest features. European sites are afforded protection under the Conservation of Habitats and Species Regulations 2010, as amended (the ‘Habitats Regulations’). The application site is in close proximity to the Solent and Southampton Water Special Protection Area (SPA) and the River Itchen SAC which are European sites. The sites are also listed as Solent and Southampton Water Ramsar site1 and also notified at a national level as Upper Hamble Estuary and Woods Site of Special Scientific Interest (SSSI) and the River Itchen SSSI. The site is also in close proximity to Moorgreen Meadows SSSI.

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180. The ecological issues on the site are numerous and a large collection

of ecological reports have been submitted with the application. These reports and surveys relate to the site habitat, bats, badgers, dormice, water voles, otters, reptiles, great crested newts, winter birds, breeding birds, barn owls, terrestrial invertebrates, a botanical survey and a national vegetation classification.

181. The Borough’s ecologist has reviewed the evidence provided and is able to support the development subject to a number of conditions.

182. The evidence provided has demonstrated that the development can be accommodated and serviced without causing harm to River Itchen or the Solent Complex (European sites) whilst through buffer zones and suitable drainage the adjoining SINCs would not be detrimentally affected by the proposal.

183. Bats and Great Crested Newts are European protected species and both are found to be present on site. The Council when determining the application must have regard to the likelihood of Natural England granting a European Protected Species (EPS) license in connection with development, Natural England must consider the three tests set out in sub-paragraphs (2)(e), (9)(a) and (9)(b) of the EU Habitats Directive

(1) Regulation 53(2)(e) states: a licence can be granted for the purposes of “preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment”.

(2) Regulation 53(9)(a) states: the appropriate authority shall not grant a licence unless they are satisfied “that there is no satisfactory alternative”.

(3) Regulation 53(9)(b) states: the appropriate authority shall not grant a licence unless they are satisfied “that the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.”

184. The Borough’s ecologist has advised that on the basis of the mitigation strategies provided within the ES the development meets the three degradation tests and Natural England would be likely to grant a license. The bat roosts would not be lost and trees with potential for roosts will be retained. The Great Crested Newt pond and habitat will be protected and enhanced such that a favourable conservation status is secured.

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185. As for nationally protected species (otters, water voles, reptiles, badgers, over wintering birds) conditions are recommended to ensure habitats and foraging areas are retained and enhanced wherever possible. The development provides for an extensive network of green infrastructure such that wildlife corridors are retained and enhanced.

186. It is unavoidable that some hedging would be lost to this development and wherever possible the most valuable hedgerows are retained or relocated. All major trees are to be retained on site with the subsequent reserved matters applications ensuring development and infrastructure is adequately offset from the root zones.

187. Overall, with the various mitigation and compensation strategies proposed for the loss of ancient woodland, for the disturbance to known protected species, for the spread of invasive species, for the impact upon water quality, otters and to address the impact of increased recreational pressure on European sites, the proposals are considered to accord with the NPPF paragraph 118-120 and saved plan policies 22.NC, 23.NC, 25. NC, 39.ES, and submitted plan policy S1 and DM9 together with the requirement for assessment under other legislation.

Sustainability Measures 188. NPPF guidance at paragraphs 95-99, adopted plan policies 34.ES,

37.ES, 38.ES, and submitted plan policies S1, DM2 and DM3 require development to be sustainable in terms of resource use, climate change, and energy use. The adopted Supplementary Planning Document Environmentally Sustainable Development (ESD SPD) gives more specific guidance on requirements. The NPPF embodies sustainability in all its policies. In March 2015, a Ministerial Statement announced Code for Sustainable Homes would cease to be applied to new developments although the requirement to still achieve the Code’s level for energy and water remains. The requirements of the SPD still apply in full to non-residential developments.

189. The submitted Sustainability Statement and Energy Statement advised

the development will achieve a BREEAM Communities ‘Excellent’ rating and the pre-assessment form was provided in accordance with policy WE1 (xiv). The formal interim certification submission to BRE was made on 30 April and the views of the BRE are awaited to ensure the scheme is “step 1” compliant.

190. A commitment has been made within the Strategy to achieve Code for

Sustainable Homes Level 4, although this will be reviewed in the light of the Ministerial Statement, whilst the achievement of a BREEAM Communities rating of ‘Excellent’ site-wide, and a BREEAM New Construction rating of ‘Excellent’ for the non-residential units over 500m2 will still be sought. The application has been made in outline and therefore sufficient detail is not available as yet to understand what

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combination of building fabric improvement and low and zero-carbon (LZC) energy generation technologies might be employed. However it is expected that the lower density residential element would make use of a combination of fabric improvements and technologies such as photovoltaic panels whilst it is possible that the non-residential uses could make use of local decentralised energy technologies. Whichever methods are used, the energy report offers reassurance that the development will meet national standards and the submitted plan requirements for any applications submitted prior to 2016. A planning condition will ensure these standards are met.

191. The Borough’s Sustainability officer has advised that BREEAM

‘excellent’ target is acceptable at this stage. The pre-assessment estimate appears to show that the development is on target to meet Code 4 for energy and water. This will need to be evidenced (through SAP data and BRE water calculator) at design and post construction stage to satisfy the relevant conditions prior to commencement and occupation respectively.

Minerals 192. Advice on minerals is contained with the adopted Hampshire Minerals

and Waste Plan 2013 (in which the site falls partially within a designated Minerals Safeguarding Area) and the NPPF. The prior extraction of minerals, where practicable and commercially feasible, is sought in advance of non-mineral development. HCC currently have identified the site could be of a size such that there could be mineral deposits of a commercial value. However, with the Mineral Safeguarding Area laying within the public open space, a Mineral Assessment has not been requested, thus the development accords with paragraphs 143 and 144 of the NPPF and the M&WP 2013.

Archaeology and Cultural Heritage 193. The NPPF (para 128) states that those parts of the historic

environment that have significance because of their historic, archaeological, architectural or artistic interest are heritage assets; that they require assessment and are conserved in a manner appropriate to their significance. Opportunities to capture evidence from the historic environment must be taken, whilst development must ensure the setting of statutory and non-statutory buildings of local importance is protected. Adopted plan policies 166.LB to 168.LB and 175.LB, and submitted plan policies DM1, DM7 apply.

194. The heritage assessment submitted in support of the scheme identifies

there are no designated assets (Scheduled Monuments, Listed Buildings, Registered Battlefields or Registered Parks and Gardens of special historic interest) on the site. Fir Tree Farmhouse (Grade II Listed Building) is 120m from the developable areas, whilst the Chalcroft Farm complex of buildings is recognised as being of historic

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local importance but is not either locally listed nor statutory listed. Foxholes Farm and Foxholes Farm Cottages are also identified as buildings of local importance within the ES.

195. The farm house of Fir Tree Farm is located to the north of the proposed

development and separated from the development site by the road to its south and to the east by a field as well as two hedgerow boundaries, as such the Council are satisfied the scheme would not undermine the setting of this listed building. The parameter plans and DAS indicate the retention and option for conversion of many of the Chalcroft buildings, forming an integral part of a future village centre ensuring the heritage of the site is preserved. Furthermore, the developable areas ensure reasonable setting remains for the Foxholes properties.

196. The ES appendices conclude that there is potential for prehistoric,

Roman, medieval and post-medieval archaeology within the boundaries of the site and that a programme of archaeological fieldwork will be required in order to fully assess this potential. HCC Archaeologist supports this approach and a suitably worded condition is proposed.

Third Party representation not addressed

Residential amenity – the outline application establishes principles and development blocks, with the detail of location of buildings, their height, design and landscaping considered at the reserved matters stage. The parameter plans have been amended in response to concerns raised about density and height of buildings, with additional landscaping secured along the boundaries where the site abuts residential properties.

Residential disturbance due to noise from school, community use of sports pitches - further noise assessments are required at the reserved matters stage when the County applies for detailed permission for the schools.

Residential disturbance from new employment – this can be adequately controlled through conditions and layout.

Meadowsweet Way and Blind Lane will become rat-runs to avoid Burnetts Lane – traffic forecasts south along Burnetts Lane towards these roads show a modest increase (3%). Furthermore, the nature of these roads (a small residential road and a narrow rural lane) acts as traffic calming measures and a deterrent to significant increase in traffic movements.

No significant relief road for Horton Heath – the link road acts in part as relief road. However as part of the future Local Plan work opportunities to improve links through this site to the west will be considered.

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No provision for emergency services – the internal road layout will be designed to meet the needs of the emergency services.

Horton Heath had more housing than other areas – The allocation of the WE1 site for housing formed part of the strategic housing planning across the Borough as a whole.

Increased flooding on Burnetts Lane & Meadowsweet Way – the sustainable drainage strategy will ensure the development is drained sufficiently and will not further exacerbate problems that may already be experienced off site.

Community centre unnecessary – the community centre has been designed with full engagement of the Fair Oak and Horton Heath Parish Council and end users. The community centre will form the core of the local centre and provide for a range of activities that are not easily catered for within Horton Heath.

Safety concerns if drainage pond open water – any ponds with open bodies of water will need to be designed to ensure public safety is maintained.

Impact on climate change – the scheme would be constructed to BREEAM Communities “Excellent” standard minimising the needs to travel and securing efficiently designed buildings that reduce carbon emissions.

Full environmental study not provided – a full and detailed environmental statement has been provided.

Devaluation of properties – this is not a material planning consideration.

Allington scheme would be better – through the drafting of the submitted Local Plan the option of an Allington site was discounted.

Inadequate consultation process – Whilst drafting the submitted Local Plan, within which this site is allocated for housing, extensive public exhibitions and consultations were held. As part of this planning application a public exhibition was held over two days by the applicant whilst the Council have notified in excess of 400 properties of the proposal via various forms of communication.

Plans differ to those during the consultation process – the public open space north of Fir Tree Lane has been reduced following further capacity checks identifying the developable areas illustrated in the submitted Local Plan would not deliver 950

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dwellings in a suitable form. The site is well provided for open space and wildlife mitigation areas.

Impact on Southampton Airport – Officers at the airport have been consulted and raise no objection to the outline application and will be consulted on the detailed plans.

Houses to be adjacent to the link road – developing the field with housing through which link road is proposed to pass would have a significantly greater impact on the local gap and countryside.

Planning obligation /considerations 197. In accordance with the guidance contained within the NPPF, Saved

Policies 74.H, 101.T, 147.OS and 191.IN of the adopted Eastleigh Borough Local Plan Review (2001-2011), Policies DM32 and DM37 of the Submission Eastleigh Borough Local Plan 2011-2029, the Council’s ‘Planning Obligations’ SPD and the requirements of Regulation 122 of the Community Infrastructure Regulations, there is a requirement for developers’ contributions to ensure on and off-site provision for facilities and infrastructure made necessary by the development, or to mitigate against any increased need/pressure on existing facilities. This is in addition to the requisite on-site provision of affordable housing.

198. Following public consultation and pre-application discussions,

negotiations regarding developer contributions and obligations have progressed and the Council are seeking the following be secured within the requisite Section 106 agreement subject to on-going discussion regarding viability.

Provision of on-site community building with car parking and provision for early years learning

Community Development Worker funding

Local centre to include 1,000sqm of retail, services sector, commercial floor space.

Retention and conversion of Chalcroft Farm house as a pub (first occupancy)

Education contributions for eligible dwellings

Off-site Health Facilities contribution – extension to existing practice or new medical centre

Off-site public open space contributions

Contributions towards the provision of allotments with access and car parking from Fir Tree Lane on POS land east of the Angelica Gardens

On-site public open space/play provision and maintenance including 3no. children’s play areas and 1no. multiuse games area

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Community Use Agreement for public use of the sports pitches/changing facilities/some car parking within the school grounds.

On and off-site bridleway provisions, upgrading existing footpath

Off-site footway link improvements to south of development

Off-site highway junction improvements

Public transport improvements including provision of bus service for 15 years and bus infrastructure on-site

Lorry routing agreement

35% on-site affordable housing

Public art provision

Travel plan provision and monitoring

Transport infrastructure contributions

Road traffic order funding

Unallocated parking spaces not to be sold to individual householders

Street tree maintenance

Sustainable drainage

Solent Disturbance Mitigation Project contribution

Air Quality monitoring management contribution.

Employment and Skills Plan

BREEAM Communities Post Occupancy Evaluation of Sustainability & Resident Satisfaction Survey

Phasing to be agreed

Section 106 monitoring. 199. The Council are continuing negotiations with the applicant to ensure

the development would remain viable.

200. The projects and measures identified for contribution expenditure will comply with the 3 tests set out in Regulation 122 of the Community Infrastructure Levy 2010, in that the monies would go towards the projects which are directly related to the development, and are fairly and reasonably related in scale and kind to the proposed development. The contributions would be index-linked to ensure the contributions rise in line with the costs of providing the identified projects/measures. The obligations sought are necessary to make the development acceptable in planning terms and to meet the needs generated by the new residents and the potential impact on existing services and facilities.

Conclusion

201. In terms of the development plan, it is considered that the application represents a departure from the development plan in that the site is outside of the settlement boundary. In terms of the saved policies of the adopted Eastleigh Borough Local Plan Review (2001-2011), the policies relating to housing provision are clearly time-expired. The submitted Local Plan, due to its unadopted status must be afforded

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little weight in the consideration of the proposals although Policy WE1 allocates the site for housing.

202. Eastleigh Borough Council has a shortfall in its 5 year housing land supply and with an inability to demonstrate such a supply, it is appropriate to apply the presumption in favour of sustainable development unless the adverse impacts significantly and demonstrably outweigh the benefits, when assessed against the NPPF polices.

203. As set out above, the mixed use nature of the scheme along with embodied improvements to bus, pedestrian and cycleway links means that the application scheme represents an accessible and sustainable proposal. In terms of the three dimensions of sustainable development as set out in the NPPF, the development would fulfil an economic role by providing extensive employment areas within the employment zone, local centre and village centre as well through the construction of housing; a social role by providing clearly needed market and affordable housing together with social and community facilities not available within the existing village and, with mitigation, a satisfactory environmental role.

204. However one of the other core planning principles in the NPPF is that planning should be genuinely plan led, thereby empowering local people to shape their surroundings. This is a thread, which, like sustainability, is found in a number of places in national policy.

205. The scheme would amount to a significant proportion of the necessary housing provision with the Borough. The Local Plan inspector found the submitted Local Plan as being unsound for not planning for enough housing confirming the need for increasing the supply of housing over the next 5 years and over the lifetime of the Local Plan. On the one hand the provision of that amount of housing would be an obvious benefit, but the relative scale of the development could prejudge decisions about the appropriate sustainable location for the development within the Borough. The application process is clearly not the mechanism to consider alternatives or additional locations and such a review will be part of the Local Plan process.

206. There are a number of matters, assessed above, which are considered essentially neutral in the balancing exercise required to be carried out in the final consideration of the proposals. This is due to mitigation strategies embodied within the application which can be controlled by either planning conditions, Section 106 obligations or within the consideration given to reserved matters applications. Such matters include highways, ecology, trees, flood risk, archaeology, air quality and noise.

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207. Adverse impacts include the impact upon landscape character including the more rural setting to Horton Heath, reduction of the local gap and noise generated by increased traffic movements.

208. The benefits, in planning terms, and therefore factors weighing in favour of the proposal are the provision of open market housing, affordable housing, a local primary school and secondary school, shared recreational and community facilities open to the wider community, local employment, management of existing important ecological corridors and European Protect Species, the provision of sustainable transport links and the provision of the link road to Bubb Lane which will address the long term problem of HGVs using the southern end of Burnetts Lane. The design and layout impacts of the scheme cannot be assessed as either adverse or beneficial as too many details remain to be settled under reserved matters applications.

209. In conclusion therefore, although the NPPF endorses a plan led system, there is no adopted development plan that identifies sufficient housing to meet the clear housing land shortfall. National guidance encourages every effort to identify and then meet the housing needs of an area. The proposals would make a significant contribution towards meeting that need. Waiting for a new Local Plan would not accord with national policy. Overall it is considered that the proposals represent sustainable development and the adverse impacts of granting planning permission would not significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF as a whole.

210. The recommendation is therefore to permit the application subject to final comments of HCC Highways team, Highways England, Fair Oak Parish Council, Hedge End Town Council and the Government Pipeline Agency and the referral of the planning application to the National Planning Casework Unit in accordance with the requirements of the Town and Country Planning (Consultation) (England) Direction 2009; the completion of the Section 106 agreement the Heads of Terms of which have been agreed above and the conditions as set out within the report.

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© Crown copyright and database rights (2015) Ordnance Survey (LA100019622)

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