BURSLEDON, HAMBLE-LE-RICE & HOUND Thursday 24 November 2016 Case Officer Kitty Budden SITE: Land to the rear of Orchard Lodge, Windmill Lane, Bursledon, Southampton, Hampshire, SO31 8BG Ref. C/16/77959 Received: 02/02/2016 (07/11/2016) APPLICANT: Foreman Homes PROPOSAL: Reserved matters application: Residential development of 29no. dwellings with associated parking and public open space (landscape to be considered). Addendum to Orchard Lodge Committee Report, dated 3rd November 2016 Introduction: On the 3rd November 2016, the reserved matters planning application for landscaping in relation to development comprising of 29no. dwellings with associated parking and public open space was considered at Bursledon, Hamble-le-Rice and Hound Local Area Committee. Following Members discussion at this committee, the application was deferred for additional information to be submitted in relation to: Land Contamination; Construction of Retaining Walls; Sustainable Urban Drainage System (SuDS). This summary report comprises an addendum to the Committee Report of the 3rd November 2016 and should be read in conjunction with that Report. The principle of development was previously established through the granting of outline planning permission (ref. C/14/74932), at which time the matters of access, layout, appearance and scale were also resolved. The only matter for determination as part of this application is that of landscaping. Legislative Background: Under the Town and Country Planning (Development Management Procedure) (England) Order 2015 (and previous legislation which this supersedes), a planning application must be accompanied by ‘any other plans, drawings and information necessary to describe the development which is the subject of the application’ (Part 3, Section 7). This places the responsibility on the applicant/agent to provide all the necessary information, including technical reports covering matters of land contamination, ground conditions, drainage, ecology, etc. The Local Planning Authority (LPA) uses this information to properly assess the submitted scheme and determine the application. During the course of an application, additional information can be sought if the LPA considers this necessary/appropriate. Should further matters be raised by consultees during the application process, the LPA will consider whether further information is required at that stage, prior to determination of the application, or whether conditions can be imposed to ensure these matters are adequately addressed following the approval of the scheme. When considering a planning application, the LPA is required to determine it in accordance with the Development Plan unless material considerations indicate otherwise (Sections 70(2) and 79(1) of the Town and Country Planning Act 1990 and Section 38(6) of the Planning and Compulsory Purchase Act 2004). The Development Plan in this case comprises the saved policies of the Eastleigh Borough Local Plan Review 2001-2011. Other ‘material considerations’ of significant weight include the National Planning Policy Framework (NPPF) and the National Planning Practice Guidance (NPPG). Paragraph 203 of the NPPF requires Local Planning Authorities (LPAs) to ‘consider whether otherwise unacceptable development could be made acceptable through the use of conditions’ and paragraph 206 requires that conditions should only be imposed ‘where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects.’ Paragraph 187 of the NPPF requires LPAs to ‘look for solutions rather than problems, and decision-takers at every level should seek to approve applications for sustainable development where possible.’ Matters to be considered: Land Contamination As set out in the Eastleigh Borough Local Plan Review 2001-2011 ‘(w)here a development site is known or suspected to be affected by contamination or a sensitive ‘end use’ is proposed then the responsibility lies with the applicant to demonstrate that the land can and will be made suitable for the proposed use. This means that the applicant must provide sufficient information to satisfy the Council regarding the characterisation of the site that there is no unacceptable short or long term risk of harm to human health, the environment, property and/or pollution of controlled waters.’ The information submitted as part of a planning application (or to discharge a planning condition) is considered in light of the Saved Policy 35.ES of the Eastleigh Borough Local Plan Review 2001-2011 which states: ‘Planning permission will only be granted on land which is known or suspected to be contaminated if the applicant can provide sufficient information 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.’ In addition, it is also necessary to take the relevant paragraphs within the NPPF into account as this constitutes a material planning consideration. Paragraph 120 of the NPPF states: ‘To prevent unacceptable risks from pollution and land instability, planning policies and decisions should ensure that new development is appropriate for its location. The effects (including cumulative effects) of pollution on health, the natural environment or general amenity, and the potential sensitivity of the area or proposed development to adverse effects from pollution, should be taken into account. Where a site is affected by contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner.’ Paragraph 121 requires planning decision to ensure that: ‘The site is suitable for its new use taking account of ground conditions and land instability, including from natural hazards or former activities such as mining, pollution arising from previous uses and any proposals for mitigation including land remediation or impacts on the natural environment arising from that remediation.’ During the course of the outline application associated with the application currently for determination, the need for information in relation to possible land contamination issues was highlighted to the developer. SOILS Ltd. were appointed to carry out initial investigations and some information was provided to the LPA immediately prior to the Local Area Committee meeting on the 25th June 2015. At this point the case officer recommended that full investigations could be secured through the use of planning conditions. Members accepted this approach and planning permission was subsequently issued. The relevant planning condition was worded as follows and requires the land contamination matter to be resolved to the satisfaction of the Council’s Environmental Health unit and discharged by the LPA: ‘(22) No work shall start on site until the following has been submitted to, and approved in writing by the Local Planning Authority: (a) Desk Study documenting all the previous and existing land uses of the site and adjacent land in accordance with national guidance as set out in Contaminated Land Reports Nos.1 and 2, and BS10175:2011 Investigation of potentially contaminated sites Code of Practice, and, unless otherwise agreed with the Local Planning Authority; (b) A site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as appropriate by the desk study in accordance with BS10175:2001, and, unless otherwise agreed with the Local Planning Authority; (c) A detailed scheme for remedial works and measures to be undertaken to avoid the risk from contaminants and/or gases when 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. Reason: To minimise the risk from land contamination for public safety.’ As part of the discharge of condition for the outline application, and to support the reserved matters application for landscaping, further investigation has been carried out and additional information has been provided. This information was reviewed and the Council’s Environmental Health officers confirmed that, while some additional information was required in relation to ground gas, they were satisfied this could be addressed and dealt with under the condition imposed on the outline permission and did not impact the landscape scheme under consideration as part of this reserved matters application. An updated report has subsequently been submitted to the LPA and any further updates will be provided to Members at the Local Area Committee meeting. In brief, the following contamination assessment project works were undertaken on the 23rd June 2015, between the 2nd and 17th November 2015 and on the 14th April 2016, and comprised: 10No. windowless sampler boreholes; 10No. dynamic probes; 5No. dual purpose groundwater/gas monitoring wells; 3No. machine excavated trial pits; 5No cable percussive boreholes; Soil-Gas and groundwater monitoring; Geotechnical laboratory testing; Contamination laboratory testing. The depth of the trial holes varied between 3-20m below ground level (bgl). The following soils were identified: Soil Type Composition No. of trial Depths found/ Additional holes m bgl Information encountered in Topsoil Soft dark clayey 9 out of 18 0.10-0.30 n/a sandy Silt with fine rootlets Made Very soft to soft 18 out of 18 0.30-5.00 No visual or Ground dark grey