Agenda and minutes

Councillors are reminded of the need to declare personal and prejudicial interests, including the nature and extent of such interests, in relation to business on the agenda, before any discussion takes place on the item. Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.

Members declared the following personal interests:-

To consider the report of the Head of Planning and Building Control.

(Report circulated)

Councillor R Hannaford declared a personal interest as a Member of Devon County Council.

Councillor Prowse declared a personal interest as a student landlord.

The Head of Planning and Building Control presented the planning application and listed building consent for change of use from a nursing home to house in multiple occupation at Pinbrook House, Cheynegate Lane, Exeter.

Members were informed that the property was a Grade II* Listed Building and it had most recently used as a care home comprising a total of 19 bedrooms. For the last eighteen months the building had stood empty.

It was proposed to convert the building to a House in Multiple Occupation. The proposed use would consist of 12 bedrooms with the addition of a manager's flat within the existing attic. To facilitate the change of use some alterations were sought, namely the demolition of an existing cold store and minor reconfiguration of a number of existing rooms. The applicant had indicated that the University, specifically INTO, had expressed an interest in using the facility for an initial 12 months.

Members were circulated with an update sheet giving details of one additional letter of objection and were also advised that a further letter of objection had been received.

The recommendation was to approve the planning application and listed building consent subject to a S106 agreement to secure a financial contribution towards a new traffic order, the conditions set out in the report and additional conditions regarding limiting to 12 bedrooms unless otherwise agreed by the Local Planning Authority, details of the cycle storage and a condition requested by English Heritage regarding details of insulation and works to the Manager’s attic flat.

Mrs R Smith spoke against the applications. She raised the following points:-

• representing local residents who had concerns
• there were traffic problems in this location
• the buses in this area stopped running at 6.15pm and did not run on a Sunday
• the site was on a dangerous road which had no pavement and was risky for cyclists to use
• Cheynegate Lane gave priority right of way for cars
• occupants would bring cars causing parking problems for the existing residents
• the property would be more suitable for occupation by retired people
• asked that the Committee consider a site inspection.

In answer to Member’s questions, Mrs Smith clarified that the nearest bus stop was a 20 minute walk away for the site and that there were already parking problems in the area.

Mr Dent (agent) spoke in support of the application. He raised the following points:-

• this was a lovely property which needed to be brought back into use
• the property was not suitable for its previous use as a Nursing Home due to difficulties  with disabled access
• flats for the over 55’s would require more intrusive works to the building and parking
• a HMO was a suitable use as the internal works were minimal as the rooms would be the same as the previous use
• there was no objection from the  ...  view the full minutes text for item 90.

To consider the report of the Head of Planning and Building Control.

(Report circulated)

The Development Manager presented the application for extension to extant planning consent for redevelopment to provide 8 self-contained flats, parking, cycle bin/store, access to highway and associated works at 98 Honiton Road, Exeter.

Members were advised that in 2008 full planning permission was granted to demolish the existing house and redevelop the site with a two storey building comprising 8 flats. That application was due to lapse and this application was for an extension of time to the approval granted in 2008.

The recommendation was to approve the application subject to the conditions set out in the report.

RESOLVED that the application for extension to extant planning permission for redevelopment to provide 8 self-contained flats, parking, cycle bin/store, access to highway and associated works (Extension of Time for extant Planning Permission Ref No 08/0267/03 granted 30 June 2008) be approved subject to the following conditions:

1)         C05  -  Time Limit - Commencement

2)         The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details received by the Local Planning Authority on 24 April (dwg. no(s). 5999-08B), and 16 May 2008 (dwg. no(s) 5999_06B, 07C and 10A) as modified by other conditions of this consent.

Reason: In order to ensure compliance with the approved drawings.

3)         C17  -  Submission of Materials

4)         C35  -  Landscape Scheme  

5)         C37  -  Replacement Planting

6)         C38  -  Trees - Temporary Fencing

7)         The hedges on the boundaries of the site shall be retained to the satisfaction of the Local Planning Authority.

Reason: In the interests of visual and residential amenity.

8)         The existing newly constructed footway/cycleway route on Ringswell Avenue shall be reinstated to a condition and standard acceptable to the Local Planning Authority as soon as possible following construction of the new access to the site.

Reason: To ensure that there is no detriment to existing public highway infrastructure as a result of the development.

9)         No part of the development hereby approved shall be brought into its intended use until the parking facilities and visibility splays have been provided in accordance with full details that have first been submitted to and approved in writing by the Local Planning Authority. 

Reason: In the interests of parking and highway safety.

10)       The existing access shall be effectively and permanently closed as soon as the new access is capable of use. 

Reason: To prevent use of a substandard access and to minimise the number of accesses onto the public highway.

11)       Before the development hereby approved is brought into use the proposed windows in the west elevation of the property shall be permanently glazed with obscure glass and thereafter so maintained. 

            Reason: To protect the amenities of the adjoining property.

12)       Construction work shall not take place outside the following times: 8am to 6pm (Mondays to Fridays); 8am to 1pm (Saturdays); nor at any time on Sundays, Bank or Public Holidays.

Reason: In the interests of residential amenity.  ...  view the full minutes text for item 91.

To consider the report of the Head of Planning and Building Control.

(Report circulated)

Councillor Prowse declared a personal interest as he used to work with the objector.

The Head of Planning and Building Control presented the application for planning permission for an Ambulance dispatch point with portacabin, fence and associated works adjacent to substation at West of England School, Topsham Road, Exeter.

Members were informed that the proposal comprised the stationing of a portacabin building measuring 7.2 metres long by 3 metres wide on the grassed area in connection with the use of the land as an Ambulance dispatch point. The portacabin would provide rest facilities for the ambulance staff in the form of a WC and small kitchen/rest area. The site could potentially be used for the stationing of an ambulance 24 hours a day 7 days a week. In association with the proposal fencing would be erected along the access road, and between the site and the remainder of the school complex, in order to prevent conflict between the use of the site for ambulance dispatch and visually impaired pupils of the school. The operation of the Ambulance Service was under pinned by a nationally agreed NHS target of reaching a patient within 8 minutes of receiving an alert call.

The recommendation was to approve the application subject to the conditions set out in the report.

Mr Webber spoke against the application. He raised the following points:-

• this site was not suitable location for a Ambulance dispatch point
• there were elderly residents in the area who would be disturbed by the noise of the sirens and the blue lights
• why had other locations such as King George Playing Field not been considered?
• the Ambulance would drive past within 4 metres of his daughters bedroom – 391 Topsham Road
• the staff would have to go down to Topsham Road to smoke
• if the application was to be agreed it should be a 12 month temporary consent

In answer to a Member’s question, Mr Webber stated that he had undertaken a freedom of information request regarding response times for this part of the city but the data had not been forth coming.

During discussion Members raised the following points:-

• the access out on the Topsham Road was dangerous as the visibility was poor
• other locations should be considered
• local residents would be disturbed by the blue lights and noise of the sirens
• would like to have been able to question both the applicant and the Highways Authority.

Members were of the opinion that because of their concerns regarding the access and that they would have liked to ask the applicant if other locations had been considered the decision should be deferred.

RESOLVED that planning permission for ambulance dispatch point with portacabin, fence and associated works adjacent to substation be deferred as there was insufficient information provided regarding the highway implications and other possible locations.

(Report circulated)

To consider the report of the Head of Planning and Building Control.

(Report circulated)

Councillor Prowse declared a personal interest as he used to attend Whipton Methodist Church.

The Development Manager presented the application for the change of use from a church to eight flats and community facility, including alterations to roof to provide second floor accommodation and a three storey extension on the north east elevation, redevelopment of sports hall to provide two storey building comprising of four flats, parking and associated works at Whipton Methodist Church, Brookway, Exeter.

Members were informed that it was proposed to extend the existing church building and to create two floor levels within it and to replace the pitched roof with an additional flat-roofed storey. This would create a total of eight flats. One of these would be a mobility unit; the rest would be for over-55s. The building would be faced with render, brick slips to match the existing brickwork and glass cladding panels, with a metal roof. A room for use by the local community was proposed within the building.

All buildings and structures in the site other than the main church building were to be demolished and new building would be constructed comprising of two 2-bedroom mobility flats and two 2-bedroom flats for over 55s above. This building would be faced with a mixture of render and timber cladding with a standing seam metal roof. The ground floor units would each have an attached carport structure. In total there would be 10 car parking spaces.

The recommendation was that the application be delegated to the Head of Planning and Building Control to approve subject to the conditions set out in the report and additional conditions regarding fenestration on the extension to the church and the design of the hard surfacing.

During discussion Members raised the following points:-

• use of appropriate materials on the church extension
• what was the benefit of keeping the modern day steeple?
• would the weather vain be kept?

The Development Manager clarified that the existing brick on the church would be retained, the modern day steeple although not functional was part of the street scene and officers would liaise with the applicant with regards to the relocation of the weather vane on the building.

RESOLVED that the application for change of use from a church to 8 flats and community facility, including alterations to roof to provide second floor accommodation and three storey extension on north east elevation, redevelopment of sports hall to provide two storey building comprising 4 flats, parking and associated works be delegated to the Head of Planning and Building Control to approve, subject to satisfactory details of fenestration on the extension to the church and the design of the hard surfacing and the following conditions:

1)         C05  -  Time Limit - Commencement

2)         C15  -  Compliance with Drawings

3)         C17  -  Submission of Materials

4)         C35  -  Landscape Scheme

5)         C36  -  No Trees to be Felled

6)         C37  -  Replacement Planting

7)         C38  -  Trees - Temporary Fencing

8)         C70  -  Contaminated Land  ...  view the full minutes text for item 93.

To consider the report of the Head of Planning and Building Control.

(Report circulated)

The Head of Planning and Building Control presented the application for an extension to an extant planning consent for redevelopment to provide 13 dwellings, parking, access to the highway and associated works for siting, design, means of access and external appearance at 8-10 Church Road, Alphington, Exeter.

Members were informed that outline planning permission was granted for residential development with all matters reserved in July 2004 and a reserved matters application was approved for 13 dwellings in September 2007. This application sought to extend the period of time for a further 3 years as the current permission lapsed on 21 September 2010.

The recommendation was to approve the application subject to the conditions set out in the report.

RESOLVED that the application for extension to extant planning consent for redevelopment to provide 13 dwellings, parking, access to highway and associated works (approval sought of reserved matters on Ref. No. 04/01618/01 granted 14 July 2004) for siting, design, means of access and external appearance (Extension of Time on extant Planning Permission Ref No. 07/1604/02 granted 21 September 2007) be approved subject to the following conditions:

1)         C05  -  Time Limit - Commencement

2)         The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details received by the Local Planning Authority on 10 September 2007 ( dwg nos. CD 742 LP 01 rev C; CD 742 P 30 rev C; CD 742 P 31 rev D; CD 742 P 32 rev D; CD 742 P 33 rev D; CD 742 P 34 rev B; CD 742 P 35 rev C; CD 742 P 36 rev C; CD 742 P 37 rev C; CD 742 P 38 rev D & CD 742 SP 09 rev D), as modified by other conditions of this consent.

Reason:  In order to ensure compliance with the approved drawings.

3)         C17  -  Submission of Materials

4)         C12  -  Drainage Details

5)         C35  -  Landscape Scheme

6)         C37  -  Replacement Planting

7)         C70  -  Contaminated Land

8)         C72  -  Highway - Estate Roads etc

9)         Notwithstanding condition no 2, no work shall commence on site under this permission until full details of the following have been submitted to and approved in writing by the Local Planning Authority and the following shall thereafter be provided in accordance with such details:

a) windows to include materials, means of opening, reveals, cills and headers;

b) external doors;

c) rainwater goods;

d) lighting;

e) treatment of boundaries;

f) refuse storage;

g) hours of construction and location of site compound;

h) noise assessment;

i) air quality assessment.

Reason: Insufficient information has been submitted with the application and in the interests of visual amenity.

10)       No part of the development hereby approved shall be occupied until the on-site parking and turning facilities have been provided, surfaced and marked out in accordance with the requirements of this permission and retained for those purposes at all times.

Reason: To ensure that adequate facilities  ...  view the full minutes text for item 94.

To consider the report of the Head of Planning and Building Control.

(Report circulated)

The Development Manager presented the planning application for a ground floor extension on the east elevation and increase in roof height to provide additional living accommodation at 12 Little Johns Cross Hill, Exeter.

Members were informed that a previous application on this side for a extension and increase in roof height had been refused for the reason of poor design. This application sought to address that reason for refusal.

This application sought to bring the building forward to be nearly in line with front building line of the garage. This would provide additional accommodation at ground floor level in the form of an extended living room. In addition, at ground floor level, the garage would be converted to provide a utility area. This would see the removal of the garage door and the insertion of a double paned casement window. The main part of the proposal was to create a first floor level of accommodation and in order to achieve sufficient head height the roof would be lifted by approximately 1.4 metres.

The additional height would be achieved by the insertion of a number of additional brick courses around the property. The proposal would have a gable end in render finish.

Members were circulated with an update sheet giving details of two letters of objection received in connection with the revised plans.

The recommendation was to approve the application with the conditions as set out in the report.

Mrs Jacobs spoke against the application. She raised the following points:-

• was also representing the residents of 11 and 13 Little Johns Cross Hill
• this proposal was over development of the existing bungalow
• it was a narrow site in a conservation area
• would affect the light to the bedroom of 11 Little Johns Cross Hill; once taken away this could not be put back
• the council’s householder guide stated that development should not take away natural light; this proposal did
• the roof shape had been changed from hip to gable this was also contrary to the council’s householder guide
• did not object to some alterations but it should not be converted to a house
• asked Committee to reject the application.

In answer to a Member’s question, Mrs Jacobs clarified that she lived at 14 Little Johns Cross Hill.

Ms Lenton (applicant) spoke in support of the application. She raised the following points:-

• had been working with planning officer to address design issues
• the proposal was designed to met the needs of a family
• believed that the proposal meet all the requirements of the planning authority.

In answer to a Member’s question, Ms Lenton clarified that she did not believe that the proposal would have a negative impact on the light to the second bedroom at no.11.

Members were of the opinion that the amended design addressed the reasons for the previous refusal.

RESOLVED that the planning application for a ground floor extension on east elevation and increase in roof height to provide additional living accommodation be approved subject to the following conditions:  ...  view the full minutes text for item 95.

To consider the report of the Head of Planning and Building Control.

(Report circulated)

Councillor Prowse declared a personal interest as he knows the applicant and used to own the property.

The Head of Planning and Building Control presented the planning application for a detached garage on the north east boundary of rear garden at 11 Summerway, Exeter.  The existing garage would be demolished and the replacement garage would measure approximately 9.00 metres in length, 3.10 metres in width and 3.70 metres in height.

The recommendation was to approve the application subject to the conditions set out in the report.

RESOLVED that the application for planning permission for detached garage on north east boundary of rear garden be approved subject to the following conditions:

1)         The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

Reason: To ensure compliance with sections 91-92 of the Town and Country Planning Act 1990.

2)         The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details received by the Local Planning Authority on the 28 June 2010 and 6 July 2010, as modified by other conditions of this consent.

Reason: In order to ensure compliance with the approved drawings.

3)         Samples of the materials it is intended to use externally in the construction of the development shall be submitted to the Local Planning Authority and the development shall not be started before their approval is obtained in writing and the materials used in the construction of the development shall correspond with the approved samples in all respects.

Reason: To ensure that the materials conform with the visual amenity requirements of the area.

(Report circulated)

To consider the report of the Head of Planning and Building Control.

(Report circulated)

CouncillorWadham declared a personal interest as he knows the objector.

The Head of Planning and Building Control presented the report informing Members of an objection that had been received by the Council to Exeter City Council Tree Preservation Order No. 621 (Bridge End, 39 Elm Grove Road, Topsham, Exeter) 2010.

 Members were informed that Topsham Tree Warden supported confirmation of the Tree Preservation Order.

Mrs Stevenson-Rowe spoke against the Tree Preservation Order. She raised the following points:-

• the property had been in the family for years
• the tree was positioned between an extension and garage
• the crown was raised 15 years ago
• was concerned that the tree could cause damage or even loss of life if branches were lost
• this tree did not have enough amenity value to warrant a Tree Preservation Order
• two neighbours supported the felling of the tree
• the tree had outgrown its location
• if the tree was removed she would replant a more suitable tree in its place.

Members were of the opinion that the tree did not have any amenity value and that it had out grown its location. They acknowledged that the objector had stated that they would replace the tree should it be felled.

RESOLVED that the order not be confirmed.

(Report circulated)

To consider the report of the Head of Planning and Building Control.

(Report circulated)

Councillor D Baldwin declared a personal interest as she knows the objector.

Councillor Mrs Thompson declared a personal interest as her daughter lives in Holman Way.

The Head of Planning and Building Control presented the report informing Members of an objection that had been received by the Council to Exeter City Council Tree Preservation Order No. 619 (Parkfield House, Holman Way, Topsham, Exeter) 2010. 

Members were informed that Topsham Tree Warden supported confirmation of the Tree Preservation Order.

Mr Williams spoke against the Tree Preservation Order. He circulated photographs of the tree to Members. He raised the following points:-

·         lived at the property for 15 years and it was a family home

·         had undertaken works on trees in his garden in the past including reducing and replacement

·         the tree over shadowed part of the garden and affected light to the house

·         was close to the boundary wall

·         neighbours did not object to the felling of the tree.

In answer to Member’s questions, Mr Williams clarified that the tree was 8 to 10 feet away from the boundary wall and some of its branches over hung the wall.

Members had concerns that the roots of the tree could cause damage to the boundary wall which was in the curtilage of a Grade II listed building.

RESOLVED that the order not be confirmed.

(Report circulated)

To consider the report of the Head of Planning and Building Control.

(Report circulated)

The report of the Head of Planning and Building Control was submitted.

            RESOLVED that the report be noted.

(Report circulated)

To consider the report of the Head of Planning and Building Control.

(Report circulated)

The Head of Planning and Building Control presented the report updating Members on enforcement matters.

Members were informed that the enforcement appeal on Silver Springs, 12 Richmond Road had been dismissed. The enforcement notice on 1 Newcourt Road would be withdrawn and a new notice would be served, this would allow the retention of the lay-by but would require that area to be landscaped and details of construction along the carriageway edge agreed.

RESOLVED that the report be noted.

(Report circulated)

To consider the report of the Head of Planning and Building Control.

(Report circulated)

The schedule of appeal decisions and appeals lodged was submitted.

RESOLVED that the report be noted.

(Report circulated)

To advise that the next Site Inspection Party will be held on Tuesday 21 September 2010 at 9.30 a.m.  The Councillors attending will be D. Baldwin, Cole and Prowse.

RESOLVED that the next Site Inspection Party will be held on Tuesday 21 September 2010 at 9.30 a.m.The Councillors attending will be Cole, Prowse and Wadham.

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