Variation of condition 1 (approved drawings) of reserved matters application RM/17/81628 (as amended by X/21/91994) (pursuant to outline planning permission O/15/75953, as amended by X/19/84943) for Boorley Gardens Phase 1 to allow revisions to the house types on plots 103-135 (excluding plots 103-113) in Phase 1h and plots 136-192 (excluding plots 145-159 and 176-177) in Phase 1i and minor alterations to the road layout.

1. The development hereby permitted shall be implemented in accordance with the plans listed on the Drawing Register dated 15 January 2019, with the exception of drawings P1388.012 rev L, P1388042 rev N and MILL21068-21 rev B and except in the following instances: Plots 207, 212-213, 214-215, 216-217, 218-219, 262-263, 264-265, 274-275, 285-286, 287-288 and 289-290 and plots 174, 175 and 206 - approved as Non-Material Amendments 6.5.22 Change from Beeley (B & B1) house type to Lomond (L & L1) house type on plots 207, 212-213, 214-215, 216-217, 218-219, 262-263, 264-265, 274-275, 285-286, 287-288 and 289-290; variation to Ingleby (IG) house type on plots 174, 175 and 206; and subsequent changes to the layout as a result of the revised house types as shown on the following plans: P1388.01 rev T - Planning Layout – Sheet 1 of 5P1388.04 rev S - Planning Layout - Sheet 4 of 5P1388.1000 rev Q - Planning LayoutP1388.012 rev Q - Materials Layout - Sheet 1 of 5P1388.042 rev S - Materials Layout - Sheet 4 of 5P1388.L.101 rev B - L Type - Style 2 - Brick - Floor Plans & ElevationsP1388.L.102 rev B - L Type - Style 1 - Painted Brick - Floor Plans & ElevationsP1388.L.103 rev A - L Type - Style 2 - Tile Hung - Floor Plans & ElevationsP1388.L.104 – L Type – Style 2 – Brick – Floor Plans & ElevationsP1388.L1.101 rev B - L1 Type - Style 2 - Brick - Floor Plans & ElevationsP1388.IG.101 rev B – IG Type – Style 1 – Brick – Floor Plans & Roof Plans P1388.IG.102 rev B – IG Type – Style 1 – Brick - ElevationsP1388.IG1.113 - IG1 Type - Style 1 - Brick - Floor & Roof PlansP1388.IG1.114 - IG1 Type - Style 1 - Brick - ElevationsP1388.IG1.115 - IG1 Type - Style 2 - Tile Hung - Floor & Roof PlansP1388.IG1.116 - IG1 Type - Style 2 - Tile Hung – ElevationsSpace and Amenity Standards Schedule rev F Plots 137-140, 199-202, 231-234, 240-243 - approved as Non-Material Amendments 29.9.22 Change from Edale (E) house type to Botley (BT) house type on plots 137-140, 199-202, 231-234, 240-243 and subsequent changes to the layout as a result of revised house types as shown on the following plans: P1388.01 rev U - Planning Layout – Sheet 1 of 5P1388.04 rev T - Planning Layout - Sheet 4 of 5P1388.1000 rev R - Planning LayoutP1388.BT.101 – BT Type – Style 1 – Brick – Floor & Roof PlansP1388.BT.102 – BT Type – Style 1 – Brick - ElevationsP1388.BT.103 – BT Type – Style 1 – Painted Brick – Floor & Roof PlansP1388.BT.104 – BT Type – Style 1 – Painted Brick - ElevationsP1388.BT.105 – BT Type – Style 2 – Brick – Floor & Roof PlansP1388.BT.106 – BT Type – Style 2 – Brick - ElevationsP1388.BT.107 – BT Type – Style 2 – Painted Brick – Floor & Roof PlansP1388.BT.108 – BT Type – Style 2 – Brick - ElevationsSpace and Amenity Standards Schedule rev G (17.6.22) The type of boundary treatment, e.g. fence, brick wall, etc and materials to be used on the plots listed above shall be as shown on the previously submitted Enclosures Layouts and Materials Layouts (drawings P1388.017 rev L, P1388.047 rev L, P1388.012 rev L and P1388.042 rev N) Plots 1-102, excluding plots 3, 4, 18, 35-40 and 69 - approved as Minor Material Amendment X/21/91994 The dwellings on plots 1-102, excluding plots 3, 4, 18, 35-40 and 69, shall be implemented in accordance with the plans listed on the Drawing Register dated 25.10.22. Drawings contained on this list are approved for dwellings on plots 1-102 only. Phase 1e and Block B1 within Phase 1d - approved as Non-Material Amendments 17.9.24 Change to plain casement windows and unpainted chimneys as shown on the drawings listed in the letter from Luken Beck dated 17.9.24 Plots 103-135 (excluding plots 103-113) in Phase 1h and plots 136-192 (excluding plots 145-159 and 176-177) in Phase 1i - approved as Minor Material Amendment X/24/97416 The dwellings on plots 103-192, excluding plots 103-113, 145-159 and 176-177, shall be implemented in accordance with the plans listed on the Drawing Register dated 20.3.25, with the tree planting being as shown on the approved Soft Landscape Proposals drawings and no other drawings. Drawings contained on this list are approved for Phase 1h and 1i only. For the avoidance of doubt details of the Bus Access Restrictor Proposals shall be as submitted and approved in accordance with the obligations in Schedule 7 of the S106 legal agreement. Reason: For the avoidance of doubt and in the interests of proper planning.
2. Any public sewers located within the site shall be protected in accordance with the details contained in the letter from Robert Collett, Miller Homes, dated 24 September 2020 and drawing SEWER-01 "Public Sewers - Boorley Gardens", as approved under DC/20/88845. Reason: In the interests of protecting the public sewers.
3. Notwithstanding the approved landscaping plans, no development above slab level shall take place within each character area 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. 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.
4. Notwithstanding the approved plans, no development above slab level shall take place within each character area 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. Development shall be carried out in accordance with the approved details. Reason: In the interests of highway safety.
5. No development above slab level shall take place within each character area 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, barn hips, car port window railings and chimneys have been submitted to and agreed in writing by the Local Planning Authority. 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.
6. The colours of the front doors to be installed on the dwellings hereby approved shall be as shown on drawing 817072/PH1H_1i_MATERIALS_PLAN rev C for Phases 1h and 1i and as shown on the drawings approved under DC/23/95362 for Phase 1d, DC/23/95342 for Phase 1e and DC/23/95362 for Phases 1f and 1g. Reason: To ensure a satisfactory visual appearance in the interests of the amenities of the area.
7. No development above slab level shall take place within each character area 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. 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.
8. 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.
9. The 1.8m boundary treatment and associated planting along the boundary with the railway line shall be in accordance with the details approved under DC/23/95300 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.
10. The areas of semi-private open space for Blocks B1 and C shall be laid out in accordance with the details approved under DC/23/95363. The approved landscaping scheme for the semi-private area for each block shall be completed by the end of the first planting season after 1st occupation of that block. Reason: In the interests of residential amenity.
11. Notwithstanding the approved plans details of any fencing and gates required in association with the on-site Waste Water Treatment Works shall be submitted to and approved in writing by the Local Planning Authority prior to work commencing on the Waste Water Treatment Works. Development shall be carried out in accordance with the approved details. Reason: In the interests of public safety and the amenities of the area.
12. Notwithstanding the approved plans details of the proposed hedgehog access points within rear garden boundary fences shall be submitted to and approved in writing by the Local Planning Authority prior to the installation of the fences. Development shall be carried out in accordance with the approved details. Reasons: In the interests of biodiversity.
13. Notwithstanding the approved plans details of an alternative pedestrian/cycle connection through to Winchester Road at the northern end of the site, together with a programme for its implementation, shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the 50th dwelling of this phase; unless it can be demonstrated that a public pedestrian/cycle route can be provided via the existing farm track off Winchester Road. If the alternative pedestrian/cycle access is required development shall be carried out in accordance with the approved plans. Reason: In the interests of providing sustainable travel options.
14. The proposed street trees and street lighting columns shall be provided in the positions shown on the approved drawing, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure the provision of appropriately tree-lined streets through the development.
15. 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.
16. 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.
17. 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.
18. The development hereby permitted shall not be brought into use until the area[s] shown on the approved plan for the parking of vehicles [including any areas marked out as being unallocated] shall have been made available, surfaced and marked out. The parking area[s] shall then be permanently retained and reserved for that purpose at all times. Reason: To make provision for off-street parking for the purpose of highway safety.
19. 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.
20. The landscaping scheme and its management and maintenance shall be carried out in accordance with ACD Environmental's "Soft Landscape Specification" (reference MILL21068 spec rev B, dated January 2018) and "Soft Landscape Management and Maintenance Plan" (reference MILL21068man rev E, dated 27.4.18), submitted as part of the original reserved matters approval RM/17/81628. Reason: To ensure a satisfactory visual appearance in the interests of the amenities of the area.
21. The development must be carried out in accordance with ACD Environmental's "Arboricultural Impact Assessment & Method Statement" (reference MILL21068aia-ams, revision D, dated 30.4.18), submitted as part of the original reserved matters approval RM/17/81628, and may only be modified subject to written agreement from the Local Planning Authority. Tree Protection must be addressed as per the tree protection plans enclosed within the document. This condition may only be fully discharged upon completion of the proposed development, subject to evidence of satisfactory supervision and monitoring. Reason: to retain and protect the existing trees which form an important part of the amenity of the locality.
22. With the exception of Phase 1a no excavation, demolition or development related works shall commence until evidence has been submitted and approved in writing by the Local Planning Authority to demonstrate that the tree protection measures have been installed, as detailed in the tree protection plan. Tree protection measures in Phase 1a shall be in accordance with the drawings P1388.PH.01 rev D “Phasing Plan” and MILL22453-04B “Tree Protection Fencing – Phase 1a” and the email from Rob Collett, Miller Homes to Chris Stringer, Tree Consultant, EBC dated 24.11.20 with attached Tree Protection Fencing schedule dated 20.11.20 showing photographs of the fencing and the locations the photographs were taken from demonstrating the installation of tree protection fencing in accordance with MIMLL22453-04B, as approved under DC/20/89308. Once approved, no access by vehicles or placement of goods, chemicals, fuels, soil or other materials shall take place within the fenced area. Tree protection measures shall be retained in their approved form for the duration of the work. This condition may only be fully discharged upon completion of the proposed development, subject to submission of monthly monitoring reports, detailing supervision activity - as stated in ACD Environmental's "Arboricultural Impact Assessment & Method Statement" (reference MILL21068aia-ams, revision D dated 30.4.18), submitted as part of the original reserved matters approval RM/17/81628 - and inspections of tree protection measures. Reason: to retain and protect the existing trees which form an important part of the amenity of the locality.
23. Any windows or door marked as obscure glazed shall be permanently maintained in that condition, with the obscure glazed annotation applying to all glazing within the window opening. 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. Reason: To protect the amenity and privacy of the adjoining residential property.
24. Notes to Applicant: The proposed two-bedroomed properties on Plots 183 & 184 (Denton House Type) must be marketed/sold/leased and occupied as two-bedroomed properties only. The proposed "study" for these properties should not be used as a bedroom. The proposed three-bedroom properties on Plots 174, 175 & 186 (Portwood House Type); Plots 124, 130, 132, 142, 167 & 182 (Fordwood House Type) must be marketed/sold/leased and occupied as three-bedroomed properties only. The proposed “study” for these properties should not be used as a bedroom. 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. Whilst details of a proposed LEAP were submitted as part of the application (Drawing MILL21068-21 rev B), they were not considered to be acceptable and revised details will need to be submitted in accordance with the S106 associated with outline permission O/15/75953. In order to avoid any future excavation within the SUDS infrastructure, all Southern Water apparatus should be kept outside any impermeable membrane, with the only exception of ducted service pipes. A continuous 1.5m 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. The staggered barriers proposed for installation on Botley Footpath 1 will require consent from Hampshire County Council as Highway Authority. 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. In accordance with paragraph 39 of the National Planning Policy Framework (December 2024), 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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