Variation of condition 1 (approved drawings) of reserved matters application RM/19/86658 (pursuant to outline planning permission O/15/75953, as amended by X/19/84943) for Boorley Gardens Phase 3 to allow revisions to the house types on plots 463-648 (with the exclusion of plots 569-577, 580, 583, 595-599 and 621-631).

1. The development hereby permitted shall be implemented in accordance with the plans listed on the Schedule of Submitted Plans and Documents dated 1st April 2022, with the exception of the Soft Landscape Management & Maintenance Plan (Ref: MIL22453 Rev A, dated 19/03/2020), and except for plots 463-648 (with the exclusion of plots 569-577, 580, 583, 595-599 and 621-631), which shall be implemented in accordance with the plans listed on the Drawing Register dated 25th March 2024. Reason: For the avoidance of doubt and in the interests of proper planning.
2. Prior to the commencement of development a Biodiversity Mitigation Management and Enhancement Plan shall be submitted to and agreed in writing by the Local Planning Authority. The plan shall show the positions of recommended enhancements; maintenance schedules for all green infrastructure and wildlife features; and details of hedgehog access points in rear garden boundary fences. The approved Biodiversity Mitigation Management and Enhancement Plan shall be fully implemented. Reason: To ensure that wildlife features are appropriately enhanced and managed.
3. The development shall be carried out in accordance with Ecosupport’s “Bird Hazard Management Plan”, dated 13.6.22, which was submitted and approved under discharge of condition application DC/22/93236. All measures contained within the approved plan shall be implemented in full on completion of the development and shall remain in force for the life of the development. No subsequent alterations to the plan are to take place unless first submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that wildlife features are appropriately enhanced and managed.
4. The development shall be carried out in accordance with the following plans and information submitted and approved under discharge of condition application DC/23/95422, to ensure the protection of the public water trunk main located within the site: • Drawing P1388.SWTM.01 rev C “Combined Phases – S.W. Trunk Main Layout” • Drawing M434/42 “600mm Water Main Non-Destructive Testing Location Plan” • Drawing M434/111 “Phase 1 Constraints Plan” • Copy of water easement dated 4.3.1964 • Annotated photograph entitled “Southern Water trunk main protection fencing RM3” rec/d 14.7.23 Reason: In the interests of protecting the public infrastructure.
5. The development must accord with ACD Environmental’s “Arboricultural Impact Assessment & Method Statement” (reference MILL22453aia-amsB, revision dated 7.10.21). No excavation, demolition or development related works shall commence until the tree protection measures have been installed as per the tree protection plans reference MILL22453-03C sheets 1-5. Once installed, no access by vehicles or placement of goods, chemicals, fuels, soil or other materials shall take place within the protected area. Tree protection measures shall be retained in their approved form for the duration of the work and may only be modified subject to written agreement from the Local Planning Authority. Reason: To retain and protect the existing trees which form an important part of the amenity of the locality.
6. The existing tree protection measures installed on site, as per the approved tree protection plans reference MILL22453-03C sheets 1-5, and as shown in ACD Environmental’s "Discharge of Conditions Technical Note re: condition 6 of RM/19/86658 and condition 8 of X/19/84943 with photographic evidence of installation of tree protection fencing" (revision B, dated 5.6.23) submitted and approved under discharge of condition application DC/22/93268, shall be retained on site for the duration of the works to ensure compliance with condition 5. Reason: To retain and protect the existing trees which form part of the amenity of the locality.
7. Notwithstanding the submitted document no development above slab level shall take place until a Soft Landscape Management and Maintenance plan has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: To address the comments made in the Ecology consultation response received 21.1.20 under RM/19/86658 and to ensure a satisfactory visual appearance in the interests of the amenities of the area.
8. Notwithstanding the approved landscaping plans no development above slab level shall take place until tree pit details for all location types have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the visual amenities of the locality.
9. No development above slab level shall take place within each Sub-Phase, as identified on drawing P1388.PH.01 rev G (approved as a non-material amendment to X/19/84943), until large-scale details [at a scale of 1:50, or as agreed] of all types of boundary treatments, porches, dormer windows, bay windows, blind windows, window surrounds, balconies and chimneys have been submitted to and agreed in writing by the Local Planning Authority for that Sub-Phase. These details shall include details of materials to be used in the construction of these features. Development shall be carried out in accordance with the approved details. Reason: To ensure a satisfactory visual appearance in the interests of the amenities of the area.
10. Notwithstanding the approved landscaping plans, no development above slab level shall take place within each Sub-Phase, as identified on drawing P1388.PH.01 rev G (approved as a non-material amendment to X/19/84943), until details of the proposed hard surfacing materials, including type and colour, and large scale details of the interface between the different materials have been submitted to and approved in writing by the Local Planning Authority for that Sub-Phase. The submission shall also include details of how any parking spaces are to be demarcated and numbered. Development shall be carried out in accordance with the approved details. Reason: To ensure a satisfactory visual appearance in the interests of the amenities of the area.
11. Notwithstanding the approved plans, no development above slab level shall take place within each Sub-Phase, as identified on drawing P1388.PH.01 rev G (approved as a non-material amendment to X/19/84943), until details of the proposed bin collection points, with sufficient space for 2 bins per dwelling using the collection point, have been submitted to and approved in writing by the Local Planning Authority for that Sub-Phase. Development shall be carried out in accordance with the approved details. Reason: To ensure a satisfactory visual appearance in the interests of the amenities of the area and in the interests of highway safety.
12. Notwithstanding the approved plans no development above slab level shall take place within each Sub-Phase, as identified on drawing P1388.PH.01 rev G (approved as a non-material amendment to X/19/84943), until details of the colour of the front doors has been submitted to and approved in writing by the Local Planning Authority for that Sub-Phase. Development shall be carried out in accordance with the approved details. Reason: To ensure a satisfactory visual appearance in the interests of the amenities of the area.
13. Pedestrian gates shall be installed in any front boundary demarcated by railings, picket fences or walls and no development above slab level shall take place within each Sub-Phase, as identified on drawing P1388.PH.01 rev G (approved as a non-material amendment to X/19/84943), until details of the pedestrian gates to be installed in the front boundary treatments have been submitted to and agreed in writing by the Local Planning Authority for that Sub-Phase. Development shall be carried out in accordance with the approved details. Reason: To ensure a satisfactory visual appearance in the interests of the amenities of the area.
14. Notwithstanding the approved landscaping plans the details of the layout and landscaping of the On-site Open Space to be submitted in accordance with Schedule 6 of the S106 shall include details of benches and bins to be provided within the open space. Reason: In the interests of the amenities of the area.
15. Notwithstanding the approved landscaping plans details of a 1.8m boundary treatment and associated planting along the boundary with the railway line shall be submitted to and approved in writing by the Local Planning Authority prior to any development above slab level. Development shall be carried out in accordance with the approved details and the fence shall be installed prior to the adjoining open space being available for use by the public. Reason: In the interests of public safety and the amenities of the area.
16. Prior to the first occupation of the first dwelling within each Sub-Phase, as identified on drawing P1388.PH.01 rev G (approved as a non-material amendment to X/19/84943), written verification from an appropriate consultant confirming that the construction of the parts of the sustainable drainage system serving that sub-phase is in accordance with the approved plans and details shall be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that the development is provided to an appropriate standard.
17. Notwithstanding the approved plans within 2 months of the completion (including landscaping) of any ponds, lakes or above ground attenuation features forming part of the sustainable drainage system details of a risk assessment addressing the need for fencing shall be submitted to and agreed in writing by the Local Planning Authority. The submitted details shall include a timetable for implementation of any required fences and the approved details shall be carried out in full. Reason: In the interests of public safety.
18. Written verification by an appropriate consultant confirming that the construction of all unadopted roads, footpaths and cyclepaths within the development is in accordance with the approved plans and details shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the 200th dwelling unit within Phase 3 as a whole. Reason: To ensure that the development is provided to an appropriate standard.
19. Prior to the occupation of each dwelling the associated cycle storage shall be provided in accordance with the approved plans. Reason: In the interests of sustainable transport.
20. The garages hereby approved shall only be used for the purpose of parking private motor vehicles in connection with the residential use of the property and shall not, at any time, be used for living accommodation, business, commercial or industrial purposes. Reason: To ensure the adequate provision of on-site parking for the purpose of highway safety.
21. No dwelling hereby approved shall be brought into use until the areas shown on the approved plans for the parking of vehicles associated with that dwelling [including those areas marked out on the plan as being unallocated] shall have been made available, surfaced and marked out. All visitor parking shall be provided in accordance with the approved plans prior to occupation of the penultimate dwelling. The parking areas shall then be permanently retained and reserved for that purpose at all time. Reason: To make provision for off-street parking for the purpose of highway safety.
22. No private parking management scheme shall be implemented on the site without the prior written approval of the Local Planning Authority. Reason: In the interests of proper planning.
23. Any windows or door marked as obscure glazed on the floor plan and/or elevation shall be permanently maintained in that condition. Where a window is also marked as non-opening, this shall mean that the window shall be fixed shut or designed so that any opening part of the window is top hung only, and the windows shall be permanently maintained in that condition. Obscure glazing shall be to a minimum of Pilkington’s Level 3 or equivalent. Reason: To protect the amenity and privacy of the adjoining residential property.
24. Notes to Applicant: In accordance with paragraph 38 of the National Planning Policy Framework (December 2023), Eastleigh Borough Council takes a positive approach to the handling of development proposals so as to achieve, whenever possible, a positive outcome and to ensure all proposals are dealt with in a timely manner. Please note the requirement within the British Standard ‘Code of practice for safe use of cranes’ for crane operators to consult the aerodrome before erecting a crane in close proximity to an aerodrome. This is explained further in Advice Note 4, ‘Cranes and Other Construction Issues’, available at http://www.aoa.org.uk/wp-content/uploads/2016/09/Advice-Note-4-Cranes-2016.pdf Under the Town and Country Planning England Regulations 2012, a fee is required for Discharge of Condition Applications. N.B. Conditions not fully discharged, invalidate the planning permission. The development hereby permitted shall comply with the conditions imposed on the grant of the outline planning permission reference O/15/75953, as amended by X/19/84943. It should be noted that notwithstanding the approved plans full details of the sustainable drainage system shall be submitted in accordance with condition 11 of X/19/84943 and full details of the sustainability requirements shall be submitted in accordance with conditions 28, 29, 30, 31 and 32 of the outline planning permission reference O/15/75953, as amended by X/19/84943. All proposed works to the surface of Botley Footpath 1 will require the consent of Hampshire County Council (HCC). For the avoidance of doubt, any changes to the surface of Botley Footpath 1 not included within a S38 agreement with HCC Highways Department will require consent from HCC Countryside Service. Occupation of the development is to be phased and implemented to align with the delivery by Southern Water of any sewerage network reinforcement required to ensure that adequate waste water network capacity is available to adequately drain the development. In order to avoid any future excavation within the SUDS infrastructure, all Southern Water apparatus will be kept outside any impermeable membrane, with the only exception of ducted service pipes. A continuous 1.5 m minimum width service strip, with “traditional” sub-base, should be provided at least at one side of the street. Horizontal clearance with structures and other utilities should be provided as per NJUG guidelines.

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