The St James’ planning application returns to the PCC planning committee on December 21st.

OFFICER’S RECOMMENDATION
That the Secretary of State be advised that had Portsmouth City Council Planning Committee been able to determine the application, it would have resolved to REFUSE planning permission for the following reasons:

1) In the absence of sufficient information being provided for the Habitats Regulations Assessment, as requested by Natural England, there is no certainty around the mitigation strategy which is required to address the likely significant effects in respect of recreational disturbance, as is identified in paragraph 4.1.8 of the Draft Habitats Regulations Assessment (ref. 200127 0991 HRA V1B) dated 18th December 2020 submitted. As such, the proposal should be refused due to the uncertainty regarding unmitigated adverse impact on protected habitats in accordance with the Habitats Regulations.
2) Insufficient viability justification has been provided, noting the uncertainty arising from the cost of mitigation under the Habitat Regulations, to demonstrate that the scheme is unable to provide affordable housing contrary to Policy PCS19 of the Portsmouth Plan 2012.

This application has also now been taken to appeal on grounds of non-determination and the Secretary of State is now the determining authority in this case. The Appellant asked the Planning Inspectorate to request that PCC undertake a further public consultation in light of the number of amended plans submitted with the appeal and the responses to that further consultation are material considerations for the determining authority.

You can see the officers report under https://publicaccess.portsmouth.gov.uk/online-applications

20/00204/FUL documents COMMITTEE REPORT 21.12.22