by Dan Hopgood, 18 Ethelburt Avenue
Planning approval was conditionally granted by Southampton City Council (SCC) on 21st June for the student, retail and doctors’ surgery development at Parkville Road. The opposition of two Swaythling councillors, dozens of letters from residents, petitions, attendance of objectors and presentations against it from Ethelburt Avenue, Parkville Road and boxing club at the planning meeting were insufficient to sway the decision.
The developer is now agreeing with SCC “heads of terms”( i.e. a non-binding outline) of a Section 106 agreement, which will commit the developer. A key element of this is a required commitment to enforce the “no car” agreement with students.
The developer stated at the planning meeting that he won’t agree to any financial penalty for his failure to enforce the no car agreement, but the approval is conditional that he does. But the fine detail of the S106 won’t be finalised until the tower is built. If the developer then refuses to sign up on the enforcement issue it would be impractical for SCC to refuse planning permission – as the alternative is knocking the tower down, so the developer would get his way. That almost certainly means serious parking problems in the area.
The second petition run in Ethelburt Avenue gained signatures at 86 out of 86 properties asked, demonstrating a high level of concern.
I requested in a letter to Stephen Harrison, case officer for SCC Planning on 21st June that the heads of terms for the S106 include the provision for the Contracts (Rights of Third Parties) Act to be used to give Ethelburt Avenue residents the right to take enforcement action on the students if the developer does not. I have not received a reply. In my view, this option represents the best prospect of limiting damage to the conservation area. If you feel strongly, I would be pleased if you could contact your councillors and the planning department and press for this option to be properly considered now – since it will be too late once the heads of terms of the S106 are agreed in a few weeks time. If you wish to contact me for more details you’re welcome to.
Tel: 023 8055 8245