Agenda and minutes

To sign the minutes of the meetings held on 16 April 2012, 21 May 2012 and 25 June 2012.

The minutes of the meetings held on 16 April 2012, 21 May 2012 and 25 June 2012 were taken as read and signed by the Chair as correct.

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 Assistant Director City Development.

(Report circulated)

The Senior Area Planning Officer presented the planning application and listed building consent for the sub division of the two existing dwellings to create three new dwellings with associated internal and external works, construction of two new dwellings to south east corner of site, new access road, parking and bin storage at Magnolia House and Acacia House, Friars Green, Exeter.

These applications had been deferred at the previous Planning Committee for a site inspection by all Planning Committee Members to assess the impact of the proposed two new dwellings on the character of the area.

Members were circulated with an update sheet giving details of the conservation officer’s comments in response to an objectors comment.

The recommendation was for approval of the planning application and listed building consent subject to a Section 106 Agreement (planning application only) and conditions as set out in the report.

Councillor Mrs Brock, having given notice under Standing Order No. 44, spoke on this item. She raised the following points:-

• speaking on behalf of local residents
• asked Committee to take on board the points raised at the previous Planning Committee
• Councillor Laws letter to Members stated that the proposal was over development being adjacent to Grade II Listed Buildings, Colleton Crescent and Friars Green
• Exeter Civic Society objected to the new dwellings
• the new dwellings did not enhance or contribute to the conservation area and would dominate Friars Green and Colleton Crescent
• the new dwellings would result in significant change to the street scene
• should refuse the new dwellings; if the Committee were minded to approved the dwellings should be set back a little further from the road.

Mr McHugh spoke against the applications. He raised the following points:-

• speaking as an individual although his views reflected the consensus of opinion of residents in the area
• Exeter Civic Society and Devon Building Group objected to the proposed new dwellings
• the gardens of Magnolia House and Acacia House were a little green haven in the city
• the site was visible from the Quay
• the agent stated that the restoration of Magnolia House and Acacia House would not be viable without the new dwellings: had not seen any costings to support this
• if there was to be development here it should be of exceptional design
• the conditions did not cover boundary treatment or the parking area
• further work would need to be undertaken before approval was given.

Mr Turner (Agent) spoke in support of the applications. He raised the following points:-

• the viability of the scheme had been demonstrated by a Quantity Surveyor; all the information had been submitted to the Local Planning Authority as part of the planning application
• the new dwellings would sit well on the site
• could set back the new dwellings a little into the site; the final position of the dwellings could be agreed with the Local Planning Authority
• conditions were proposed regarding the boundary treatment and screening the parking area
• had been working with planning officers including the conservation  ...  view the full minutes text for item 76.

To consider the report of the Assistant Director City Development.

(Report circulated)

The Assistant Director City Development presented the planning application and listed building consent for a ground floor extension on the north elevation and two storey extension on the north east elevation to create two new flats and to increase the size of two existing flats whilst retaining the same number of units at Southlands, Fore Street, Heavitree, Exeter.

Southlands was a Grade II Listed Building set in large grounds and in the 1960/70’s a development of retirement flats was built within the grounds of the building. The existing building comprised 10 self contained flats (1 'studio' flat, 8 one bed flats and 1 two bed flat). The total number of flats would remain the same and additional parking spaces would be created.

The recommendation was for approval of the planning application and listed building consent subject to the conditions as set out in the report.

The Assistant Director City Development stated that officers would seek to negotiate the removal and replacement of the close board boundary fencing although it was not part of this application.

During discussion Members raised the following points:-

• would have a negative effect on the elderly persons bungalows due to the poor outlook as they would have view of a blank wall causing loss of amenity
• too close to the Bicton Place which was a Grade II Listed Building
• there would be an increase in the use of the access which was difficult and dangerous being directly on a traffic light junction
• did not preserve or enhance the conservation area
• adverse impact on the character and appearance of the listed building and the surrounding listed buildings.

The Assistant Director City Development clarified that the Highway Authority did not object to the increase in the size of the flats; there was no evidence to say that the flats were specifically occupied by students; and the gardens should be communal.

RESOLVED that planning permission for a ground floor extension on the north west elevation and two storey extension on the north east elevation creating two additional flats be refused for the following reasons:-

1)                  By virtue of the height of the extension and its proximity to No.1 Bicton Place and 15 Southlands the proposal would have an overbearing impact upon those properties detrimental to the living conditions/amenity of their occupants. Thereby the proposal would be contrary to policy CO6 of the Devon Structure Plan 2001 to 2016 and Policies DG1 (f) and (g) and DG4 (b) of the Exeter Local Plan First Review 1995-2011.

2)                  By virtue of its size, height and location the proposed extension would have an adverse impact upon the character and appearance of this Grade II Listed Building and its setting, and the wider setting of the Grade II Listed Building and its setting, and the wider setting of the Grade II Listed Buildings at 1 Bicton Place and 8 Mont Le Grand. In addition the proposal would neither preserve nor enhance the character and appearance of this part  ...  view the full minutes text for item 77.

To consider the report of the Assistant Director City Development.

(Report circulated)

The Senior Area Planning Officer presented the application for two detached dwellings at Pilton House, Pilton Lane, Exeter.

The site was a rectangular area of land covering approximately 0.17ha.  It was mainly laid to grass and formed an extended garden area to Pilton House. The site would be accessed by a wide double gated entrance off Harts Lane. Outline planning permission was sought for two dwelling houses.  All matters were reserved for future consideration. 

Members were circulated with an update sheet giving details of an additional condition.

The recommendation was for the application to be delegated to the Assistant Director City Development to approve subject to the completion of a Section 106 Agreement securing the matters referred to in the circulated report, the conditions set out in the report and the additional condition on the update sheet.

RESOLVED that planning permission for two detached dwellings (All matters reserved for future consideration), be delegated to the Assistant Director City Development to approve subject the completion of a Section 106 Agreement securing the matters referred to in the report and the following conditions:-

1)        C01  -  Standard Outline

2)        C04  -  Outline - Exclude Details

3)        C06  -  Time Limit - Approval of Reserved Matter

4)        C07  -  Time Limit - Outline

5)         The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details (insofar as they relate to matters controlled by this outline consent) received by the Local Planning Authority on 31 May 2012 (dwg. nos. PL/254.01, PL/254/2, PL/254/.03 & PL/254/04)as modified by other conditions of this consent.

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

6)        C17  -  Submission of Materials

7)        C34  -  Landscape Scheme - Outline

8)        C36  -  No Trees to be Felled

9)        C37  -  Replacement Planting

10)      C38  -  Trees - Temporary Fencing

11)       No part of the development hereby approved shall be occupied until the on-site parking facilities together with any means of access have been provided in accordance with details that shall previously have been submitted to, agreed and approved in writing by the Local Planning Authority and retained for those purposes at all times.

Reason: To ensure that adequate facilities are available for the traffic attracted to the site.

12)       No other part of the development hereby approved shall be commenced until adequate areas shall have been made available within the site to accommodate operative's vehicles, construction plant and materials in accordance with details that shall previously have been submitted to, agreed and approved in writing by the Local Planning Authority and retained for those purposes during the construction period.

Reason: To ensure that adequate facilities are available for the traffic attracted to the site during the construction period having regard to the limited width of access to the site, in the interest of public safety.

13)       The buildings comprised in the development hereby approved shall be constructed to have all their heating systems  ...  view the full minutes text for item 78.

To consider the report of the Assistant Director City Development.

(Report circulated)

Councillor Mrs Henson declared a personal interest as she knows the applicant.

Councillor Winterbottom declared a personal interest as he knows the applicant.

The Assistant Director City Development presented the application for 2/3 storey building comprising 14 self contained apartments, pedestrian access, parking and associated works at the Former Exeter and Middlemoor Service Station, Rydon Lane,  Exeter. The site extended to 2216 square metres, it had been cleared and had remained vacant for some time.

15 parking spaces were proposed to be located to the rear of the building with access provided off Quarry Lane. Cycle parking and an area of communal amenity space was also provided at the rear of the building. The materials to be used would be metal and render and there would be balconies on the front of the building.

The recommendation was for the application to be delegated to the Assistant Director City Development in consultation with the Chair to approve subject to the agreement of the arrangements for provision of affordable housing and the location of the refuse storage, the completion of a Section 106 Agreement and the conditions as set out in the report.

During discussion Members raised the issue of the affordable housing contribution, the materials to be used, the treatment of the two storey end elevation being more interesting and the use of the balconies for hanging washing and storage.

The Assistant Director City Development stated that the use of the balconies could not be dealt with through the planning system but he would feedback Members concerns to the applicant. 

RESOLVED that planning permission for 2/3 storey building comprising 14 self contained apartments, pedestrian access, parking and associated works be delegated to the Assistant Director City Development in consultation with the Chair of Planning Committee to approve subject to the agreement of the arrangements for provision of affordable housing, the location of the refuse storage, the treatment of the two storey end elevation and a Section 106 Agreement as detailed in the report and the following conditions:-

1)        C05  -  Time Limit - Commencement

2)        C15  -  Compliance with Drawings

3)        C17  -  Submission of Materials

4)        C35  -  Landscape Scheme

5)         Development shall not begin until a scheme for protecting the proposed dwellings from noise from Rydon Lane has been submitted to and approved by the Local Planning Authority, and all works which form part of the scheme shall be completed before any of the permitted dwellings are occupied.

            Reason:  In the interests of residential amenity.

6)         No part of the development hereby approved shall be occupied until the on-site car and cycle parking facilities as shown on drawing no.100571.AP(0)03G, together with any means of access thereto have been provided, allocated, surfaced and marked in accordance with the requirements of this permission. Thereafter the said facilities shall be retained for those purposes at all times.

Reason: To ensure that adequate facilities are available for the traffic attracted to the site and to encourage travel by sustainable means in  ...  view the full minutes text for item 79.

To consider the report of the Assistant Director City Development.

(Report circulated)

The Assistant Director City Development presented the planning application and listed building consent for alterations to provide three separate apartments at 15 Regents Park, Exeter.

The application related to a Grade II Listed Building located within the Mont le Grand Conservation Area. The dwelling was built around 1830/1840 and was a three storey mid-terraced house. The property was recognised as making a positive contribution to the area.

Earlier in 2012, a certificate of lawfulness of existing use for three flats was submitted by the same applicant and due to a number of anomalies with the floor plan, coupled with a break in use following the death of the previous owner, the Local Planning Authority were legally advised not to issue the certificate. The applicant had withdrawn that application and submitted a planning application and a listed building consent to convert the property into three self-contained apartments.

Members were advised that although the consultation period did not end until 2 August 2012 the recommendation was to delegate to the Assistant Director City Development to approve both the planning application and listed building consent subject to no significant new issues being raised post committee and the conditions as set out in the report.

Members were circulated with an update sheet giving details that an objection that had been received relating to the basement the basement did not form part of this proposal.

The Assistant Director City Development reported that further emails and letters of objection had been received from 9, 11 and 13 Regents Park. They raised concerns regarding the consultation period; being able to register to speak at committee; works undertaken in the basement: and inadequate proposed parking arrangements.

Members were advised that the Highways Authority had not objected.

In response to Members, the Assistant Director City Development clarified the position with regards to the previous use as three flats including the internal layout and the parking arrangements which included three garages to the rear and two off-road parking spaces at the front of the property. Any future residents would also be able to apply for residents parking permits.

Mr Turner (Agent) spoke in support of the applications. He raised the following points:-

• it had been considered appropriate to apply for planning permission and listed building consent rather than a certificate of lawfulness
• this property had been divided into three flats for some time
• council tax confirmed that there had been three flats in the property: there were also three separate water and electric meters
• although access to the three rear garages was compact there was enough space to allow cars to manoeuvre
• would create flats suitable for professionals working in the city
• within walking distance of city centre making it less desirable to drive
• site would take up to five cars; residents could also apply for a residents parking permit
• would bring back this run down property to life.

In response to Members’ questions, Mr Turner clarified that if the rear garages were removed then there could  ...  view the full minutes text for item 80.

To consider the report of the Assistant Director City Development

(Report circulated)

The Assistant Director City Development presented the report on progress since the previous Buildings at Risk report in February 2012. He advised that Clystlands, Fore Street, Heavitree and Holmbush, Little Johns Cross Hill had been added to the register.

Members noted the report.

(Report circulated)

To consider the report of the Assistant Director City Development.

(Report circulated)

The report of the Assistant Director City Development was submitted.

            RESOLVED that the report be noted.

(Report circulated)

To consider the report of the Assistant Director City Development.

(Report circulated)

The Assistant Director City Development presented the report updating Members on enforcement matters.

RESOLVED that the report be noted.

(Report circulated)

To consider the report of the Assistant Director City Development.

(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 August 2012 at 9.30 a.m.  The Councillors attending will be Lyons, Winterbottom and another Member to be agreed at the meeting.

RESOLVED that the next Site Inspection Party will be held on Tuesday 21 August 2012 at 9.30 a.m.The Councillors attending will be Lyons, Mrs Henson and Winterbottom.