Variation of Conditions 1, 15, 16, 17, 18, 19, 21, 22, 28 and 29 of F/21/91183 for the Erection of a building for flexible industrial use (Use Classes B2 and B8) and erection of a building for builders’ merchant and external storage, including storage, distribution and ancillary trade counter (Sui Generis Use)

1. The development hereby permitted shall be implemented in accordance with the following plans numbered: 21018-4W, 4467-A001 P4, 4467-A002 P2, 4467-A003 P2, 4467-A004 P2, 4467-A100 P4, 194.02.04 Rev D, 4467-A200 P2, 194.02.11 Rev D, 194.02.13 Rev C, 4467-204 P3, 4467-A205 P3, 4467-A206 P3, 194.02.20 Rev A, 4467-A303 P1, 4467-A201-P2, 4467-A302-P3, G01 C4, D01 C8, D11 C1, 210368-CPW-ZZ-XX-DR-E-EXT01 S2 P05. Reason: For the avoidance of doubt and in the interests of proper planning
2. The development hereby permitted shall start no later than three years from the date of the original planning permission (ref. F/21/91183). Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
3. The development shall be carried out in accordance with the approved Construction Environment Management Plan (produced by Marbank Construction Ltd, Ref: C521 Rev F), as approved under discharge of condition application DC/22/92905. Reason: To limit the impact the development has on the amenity of the locality, neighbouring residents, and biodiversity and hydrology during the construction process, and in the interests of aviation safety.
4. Prior to the removal of the fuel tanks on the site, a method statement setting out how the tanks will be removed from the site and how the land beneath the tanks will be investigated for contaminants shall be submitted to and approved in writing by the Local Planning Authority. The removal of the fuel tanks and site investigation works in this area shall be then undertaken in accordance with the approved details and a report documenting the ground conditions and results of the site investigation shall then be submitted to and approved in writing by the Local Planning Authority prior to any further development works (excluding demolition works) being undertaken on site. Reason: To ensure that the development does not contribute to or is not put at unacceptable risk from contamination.
5. No work shall commence on site (other than demolition, excluding the removal of the fuel tanks unless otherwise approved by Condition 4) until a detailed site-specific 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, has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include nomination of a competent person to oversee the implementation of the works. Reason: To ensure that the development does not contribute to or is not put at unacceptable risk from contamination.
6. The development hereby permitted shall not be occupied/brought into use until there has been submitted to the Local Planning Authority (LPA) verification by the competent person approved under the provisions of condition 5 that any remediation scheme required and approved under the provisions of condition 5 has been implemented fully in accordance with the approved details (unless varied with the written permission of the LPA in advance of implementation). Unless agreed in writing with the LPA such verification shall comply with UK Land contamination risk management (LCRM) and the guidance contained in EA Guidance for the Safe Development of Housing on Land Affected by Contamination - R&D Publication 66: 2008. Typically such a report would comprise: a. A description of the site and its background, and summary of relevant site information, b. A description of the remediation objectives and remedial works carried out, c. Verification data, including - data (sample locations/analytical results, as built drawings of the implemented scheme, photographs of the remediation works in progress, etc., and d. Certificates demonstrating that imported and / or material left in situ is free from contamination, gas / vapour membranes have been installed correctly. Thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under condition 5. Reason: To ensure that the site does not pose any further risk to human health by demonstrating that the requirements of the approved verification plan have been met and that remediation of the site is complete.
7. In the event that any evidence of potential contamination is found at any time when carrying out the approved development that was not previously identified in the approved Phase 2 report, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must then be undertaken in accordance with a methodology previously approved by the Local Planning Authority. Following completion of the measures identified in the approved remediation scheme, a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with the immediately above condition. Reason: To ensure that the development is not put at unacceptable risk from, or adversely affected by, unacceptable levels of pollution from previously unidentified contamination sources.
8. Before use of the development is commenced the redundant areas of existing access(es) from the site to Woodside Road shall be permanently stopped up and effectively closed with the footway provided or verge reinstated, in accordance with details which have first been submitted to and approved by the Planning Authority. Reason: In the interests of highway safety.
9. No development shall start on site until the access, including the footway and/or verge crossing has been constructed and lines of sight of 2.4 metres by 43.0 metres provided in accordance with the approved plans. The lines of sight splays shown on the approved plans shall be kept free of any obstruction exceeding 1 metre in height above the adjacent carriageway and shall be subsequently maintained so thereafter. Reason: To provide satisfactory access and in the interests of highway safety.
10. The development must accord with the arboricultural report reference 21018-AA3-JB. No excavation, demolition or development related works shall commence until the tree protection measures have been installed as per the tree protection plan reference 21018-04. 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.
11. The development shall be carried out in accordance with the landscaping scheme identified in approved landscape plan and implementation/maintenance plan, as approved in discharge of condition application DC/22/93706. The works shall be carried out to the appropriate British Standard. Reason: In the interests of the visual amenity of the locality
12. The development shall be carried out in accordance with the approved Risk Assessment and Method Statement (produced by Kingdoms Corporate Horticulture Ltd, as approved under discharge of condition application DC/22/93706). The approved documents must be adhered to in full, and may only be modified subject to written agreement from the Local Planning Authority. Tree planting must take place as soon as possible after completion of the proposed development and no later than the start of the following planting season. For a period of no less than 5 years after planting, trees which are removed, die or become seriously damaged shall be replaced as soon as reasonably practicable with others of the same species, size and number as originally approved. Reason: To maintain and enhance local tree canopy cover.
13. The development shall be carried out in accordance with the approved Landscape and Ecological Management Plan (produced by Wharton, as approved under discharge of condition application DC/22/93706). Reason: 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.
14. All hard & soft landscaping, tree planting and boundary treatments shall be carried out in accordance with the approved details and to the appropriate British Standard. For a period of no less than 5 years after planting, any trees or plants which are removed, die or become seriously damaged or defective, shall be replaced as soon as is reasonably practicable with others of the same species, size and number as originally approved in the landscaping scheme. Reason: In the interests of the visual amenity of the locality and to safeguard the amenities of neighbouring residents.
15. The development shall be carried out in accordance with the submitted Flood Risk Assessment (FRA) (produced by Flood Smart Plus, ref: 74324RS and dated 17/12/2021) and document ref: D01 C8, and the following mitigation measures detailed therein: • Finished floor levels shall be set no lower than 16.10 metres above Ordnance Datum (mAOD). • Compensatory storage shall be provided as set out in section 5.0 of the FRA and document ref: D01 C8. These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development. Reason: To reduce the risk of flooding to the proposed development and future occupants and to prevent flooding elsewhere by ensuring that compensatory storage of flood water is provided.
16. The drainage system for the development shall be constructed in accordance with the following approved plans and documentation: Drawing Numbers: D01 C8, G01 C4, D11 C1, Drainage Design Philosophy (RPS, Ref: NK020579-RPS-XX-XX-RP-D-0300 P04, dated 01 November 2021), and Sustainable Drainage Assessment GeoSmart, Ref: 74324.01R6, dated 12 December 2021). Any changes to the approved plans and documentation must be submitted to and approved in writing by Local Planning Authority in conjunction with the Lead Local Flood Authority and Southern Water. Any revised details submitted for approval must include a technical summary highlighting any changes, updated detailed drainage drawings and detailed drainage calculations. Reason: To secure the provision of satisfactory drainage to serve the development.
17. No unit hereby permitted shall be brought into use until the areas shown on the approved plan (Drawing No: 194.02.04 Rev D) for the parking of vehicles associated with that unit have been made available, surfaced and marked out. The relevant parking areas shall then be permanently retained and reserved for that purpose at all times. Reason: To make provision for adequate on-site parking in the interests of highway safety.
18. The materials to be used in the construction of the external surfaces of the buildings hereby approved shall accord with those as denoted on approved drawing numbers 194.02.20 Rev A and 4467-A302 Revision P3. Reason: To ensure a satisfactory visual appearance in the interests of the amenities of the locality.
19. The external lighting to be installed shall accord with the details set out within the submitted External Lighting Strategy (Couch Perry Wilkes, Ref: 210368, Revision P7) and Proposed External Lighting Layout (Drawing Number 210368-CPW-ZZ-XX-DR-E-EXT01-S2-P05). No additional or altered lighting shall be installed without the prior written consent of the local planning authority. Reason: In the interests of amenity and biodiversity.
20. No construction, demolition or deliveries to the site shall take place during the construction period except between the hours of 0800 to 1800 Mondays to Fridays and 0900 to 1300 on Saturdays and not at all on Sundays or Public Holidays. Reason: To protect the amenities of the occupiers of nearby dwellings.
21. For Unit 04 (as denoted on drawing number: 194.02.04 Rev D), no display, placing or storage of goods, materials, racking, plant or equipment shall take place outside of the external storage areas as shown on approved drawing number 194.02.04 Rev D. Within these external storage areas, any such storage shall not exceed a height of 5 metres (as measured from ground level). Reason: To control the visual impacts of the development on its surroundings, in the interests of protecting the amenity of neighbouring residents, and to ensure appropriate levels of parking and manoeuvring space are maintained to serve the development.
22. For Units 01 to 03, no display, placing or storage of goods, materials, racking, plant or equipment shall take place outside of the external storage areas as shown on approved drawing number 194.02.P05. Within these external storage areas, any such storage shall not exceed a height of 3 metres (as measured from ground level). Reason: To control the visual impacts of the development on its surroundings, in the interests of protecting the amenity of neighbouring residents, and to ensure appropriate levels of parking and manoeuvring space are maintained to serve the development.
23. No additional or altered mezzanines shall be inserted into the units hereby approved and the units shall not be subdivided without the prior written approval of the local planning authority. Reason: In the interests of highway safety and amenity.
24. 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.
25. No vegetation clearance shall occur on site during the bird nesting season (between 1st March & 31st August) unless supervised by an appropriately qualified ecologist. Reason: To prevent harm to breeding birds.
26. Within 3 months of the completion of the development, a BREEAM final stage certificate and report demonstrating the achievement of a BREEAM ‘Very Good’ rating for the development shall be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of environmental sustainability.
27. The building and external areas hereby approved as a Builders Merchant and external storage, including storage, distribution and ancillary trade counter (Sui Generis Use) shall only operate or be open to customers between the following hours: 0600 to 1900 Monday to Saturday; and 0800 and 1600 on Sundays or Bank Holidays. Deliveries shall be taken at or dispatched from the building and external areas hereby approved as a Builders Merchant and external storage, including storage, distribution and ancillary trade counter (Sui Generis Use) only between these hours. Reason: To protect the amenity of the occupiers of nearby residential properties.
28. The buildings hereby approved which are denoted as Units 01 to 03 on the approved site layout plan (Drawing No: 194.02.04 Rev D) shall be used only for purposes within Classes B2 or B8 of the schedule to the Town and Country Planning [Use Classes] Order 1987, [or in any provision equivalent to those Classes in any statutory instrument revoking and/or re-enacting that Order with or without modification], and for no other purposes whatsoever. Reason: In the interests of highway safety and amenity and to protect and maintain an appropriate employment base within the Borough.
29. The building denoted as Unit 04 on the approved site layout plan (Drawing No: 194.02.04 Rev D) and its associated yard/external storage area shall be used only as a Builders Merchant and external storage, including storage, distribution and ancillary trade counter (Sui Generis Use), and for no other purposes whatsoever. Reason: In the interests of highway safety and amenity and to protect and maintain an appropriate employment base within the Borough.
30. No fixed plant or machinery shall be installed or operated outside of any building unless first approved in writing by the local planning authority. Details of any proposed plant or equipment submitted so as to obtain approval shall include evidence that the impact of noise from such plant or machinery will be satisfactory and the development shall accord with the approved details. Reason: In the interests of protecting the amenity of the occupiers of neighbouring residential properties.
31. No plant or equipment which gives rise to, or is likely to give rise to, emissions to air of either ash, dust, fumes, gases, grit, odours or soot, shall be installed or operated unless first approved in writing by the local planning authority. The development shall then be carried out in accordance with the approved details. Reason: In the interests of protecting the amenity of the occupiers of neighbouring residential properties.
32. The submitted and approved Management Plan (referenced 34410/A5/SC) shall be adhered to in full for the lifetime of the development. Reason: To protect the amenity of the occupiers of nearby residential properties.
33. Note to Applicant: If any new connection is proposed to the existing ordinary watercourse culvert located to the West of the site, this may require consent from the Lead Local Flood Authority which in this instance is Hampshire County Council. For further information, please refer to the LLFA’s website (link below) and contact them directly for enquiries about applying for this type of consent: https://www.hants.gov.uk/landplanningandenvironment/environment/flooding/changewatercourse
34. Note to Applicant: Due to the close proximity of the proposed units to Network Rail’s land and the operational railway, Network Rail have requested that the applicant / developer engages Network Rail’s Asset Protection and Optimisation (ASPRO) team via AssetProtectionWessex@networkrail.co.uk prior to works commencing. This will allow the Network Rail ASPRO team to review the details of the proposal to ensure that the works can be completed without any risk to the operational railway. The applicant / developer may be required to enter into an Asset Protection Agreement to get the required resource and expertise on-board to enable approval of detailed works. More information can be obtained from the Network Rail website at: https://www.networkrail.co.uk/running-the-railway/looking-after-the-railway/asset-protection-and-optimisation/ Network Rail have also advised that the applicant / developer should follow the enclosed Asset Protection informatives which are issued to all proposals within close proximity to the railway (note: compliance with these informatives does not remove the need to engage with the ASPRO team).
35. Note to Applicant: Southampton Airport have advised that given the nature of the proposed development it is possible that a crane may be required during its construction. The applicant’s attention is therefore drawn to the requirement within CAP 1096 the Guidance to crane users on the crane notification process and obstacle lighting and marking.
36. Note to Applicant: Southern Water have advised that there is presently insufficient capacity within the public sewer network to accommodate the proposed foul and surface water flows from the development and offsite drainage works to provide sufficient capacity within the networks to cope with additional flows will therefore need to be undertaken by Southern Water. A formal application is required to be made to Southern Water for a connection to the public sewer network and Southern Water have advised that occupation of the development may need to be phased as it will take time to design and deliver the required reinforcements. You are therefore advised to engage with Southern Water in relation to this matter at the earliest opportunity. For further advice, please contact Southern Water at: Southern House, Yeoman Road, Worthing, West Sussex, BN13 3NX, Tel: 0330 303 0119, Website: www.southernwater.co.uk, Email: SouthernWaterPlanning@southernwater.co.uk
37. Note to Applicant: In accordance with paragraph 38 of the National Planning Policy Framework (Sept 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.

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