Agenda and minutes

Planning Committee
Monday 13th January 2014 5.30 pm

Venue: Rennes Room, Civic Centre, Paris Street, Exeter

Contact: Howard Bassett, Democratic Services Officer (Committees)  01392 265107 or email  howard.bassett@exeter.gov.uk

Items
No. Item

1.

Minutes

To sign the minutes of the meeting held on 28 October and 2 December 2014.

 

 

Minutes:

The minutes of the meetings held on 28 October and 2 December 2013 were taken as read and signed by the Chair as correct.

 

2.

Declarations of Interest

Councillors are reminded of the need to declare any disclosable pecuniary interests that relate to business on the agenda and which have not already been included in the register of interests, before any discussion takes place on the item. Unless the interest is sensitive, you must also disclose the nature of the interest. In accordance with the Council's Code of Conduct, you must then leave the room and must not participate in any further discussion of the item. Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.

 

Minutes:

No declarations of interest were made by Members.

 

3.

Deferral of items

Minutes:

The Assistant Director City Development reported that the following applications were being deferred to a Special Meeting of this Committee on 20 January 2014. (Min. nos. 6,7,8 and 9).

 

App. No.                     Location

 

13/4524/01                Housing Site South of A379 & West of Exmouth Branch Line,

                                  Newcourt Way, Exeter

13/4525/01                Land South of A379 & East of Newcourt Way, Newcourt Way,

                                  Exeter

13/4073/03                Devon & Cornwall Constabulary, Police Headquarters,

                                  Middlemoor, Exeter, EX2 7HQ

13/4067/01                Devon & Cornwall Constabulary, Police Headquarters,

                                  Middlemoor, Exeter, EX2 7HQ

 

He reported that all objectors should be advised when the Planning Committee agenda is published to give them an opportunity to come along to meetings and to alert them to the opportunity for both an objector and a supporter to speak. It appeared that not all notifications had gone out in time due to the Christmas and New Year breaks and it was necessary therefore to defer these applications by a week to Monday 20 January to provide a little more time for consideration of these important issues.

 

4.

PLANNING APPLICATION NO 13/3822/03 - EXETER GOLF AND COUNTRY CLUB. TOPSHAM ROAD, EXETER

Minutes:

This Committee had resolved on 30 September 2013 that it was minded to approve the planning application but deferred a decision to allow Persimmon and the Exeter Golf and Country Club the opportunity to agree a more appropriate solution. It had been agreed that it would receive update reports on progress.

 

The Assistant Director City Development reported that the exchange of correspondence between the Club and Persimmon, allied to the Christmas break, had meant that progress had not been as quick as would have been hoped. It was the intention to report the matter to this Committee as soon as possible, possibly to the meeting on 17 February 2014.

 

5.

Planning Application No. 13/4802/01 - Land at Home Farm, Church Hill, Pinhoe, Exeter pdf icon PDF 197 KB

To consider the report of the Assistant Director City Development.

 

Additional documents:

Minutes:

The Assistant Director City Development presented the application for outline planning permission for 120 dwellings with associated infrastructure and open space (all matters reserved for future consideration apart from access).

 

Members were circulated with an update sheet - attached to minutes.

 

The Assistant Director City Development reported that two additional letters of objection had been received raising similar issues to those set out in the report and with reference also to flooding problems over the Christmas period. The Environment Agency had not objected, subject to the development proceeding in accordance with the submitted Flood Risk Assessment. The Devon Wildlife Trust had expressed concern that the proposal did not demonstrate that there would be no net loss of biodiversity. Further information was required relating to how much hedgerow would be lost and how much is proposed to be replaced to mitigate the impact. A site visit had been held.

 

Councillor Macdonald, having given notice under Standing Order No. 44, spoke on the item with reference to three circulated documents and photographs to back her statement. She supported the recommendation, requesting the refusal of the application and asking that, in addition to the reasons set out in the report, the following three additional reasons also be added:-

  • Flooding – flood risk analysis and flood relief plan are not persuasive

·      no evidence that every existing source of potential flood-water was identified for consideration in the applicant’s calculations of what is needed to prevent the proposed development causing flooding;

·      the applicant admits that its own calculations do not cover the entire site;

·      balancing ponds are not suitable for use high up on a steep hillside area;

·      the proposed solution is dependent on regular maintenance and there is no indication of who will carry this out;

·      applicant does not recognise existing inadequacies of the rainwater capture and control system further downhill than Harrington Lane/Gardens;

·      no offer of funding is made to sort out known flooding problems; and

·      the applicant assumes that Devon County Council will take over the management of the ponds and crates.

  • failure by the applicant’s documentation to allay concerns about how the foul sewerage system in the area would cope with another 120 households and insufficient information on the foul sewer connections; and
  • Devon Wildlife Trust make it clear that the planning application proposal, although referring to wildlife features, is inadequately silent when it comes to the essential points which the National Planning Policy Framework expects to see.

 

She provided detailed evidence to back each of the above additional reasons for refusal including:-

 

  • flood risk – her two flooding related reports, correspondence from South West Water’s Development Co-ordinator confirming that the response to the proposal only covered SWW owned sewer systems, reference to a number of admissions within its Flood Risk Analysis and correspondence from local residents;
  • foul sewer - lack of detailed information from the applicant of any proposals it may have for foul sewage and from SWW of its capability to accommodate the extra capacity; and
  • Bio-diversity - no indication,  ...  view the full minutes text for item 5.

6.

Planning Application No. 13/4524/01 - Housing Site South of A379 and West of Exmouth Branch Line, Newcourt Way, Exeter pdf icon PDF 272 KB

To consider the report of the Assistant Director City Development

 

Minutes:

The application was deferred until a Special Meeting of this Committee on 20 January 2014.

 

7.

Planning Application No. 13/4525/01 - Land South of A379 and East of Newcourt Way, Newcourt Way, Exeter pdf icon PDF 287 KB

To consider the report of the Assistant Director City Development.

 

 

Minutes:

The application was deferred until a Special Meeting of this Committee on 20 January 2014.

 

8.

Planning Application No. 13/4073/03 - Devon and Cornwall Constabulary, Police Headquarters, Middlemoor, Exeter, EX2 7HQ pdf icon PDF 370 KB

To consider the report of the Assistant Director City Development.

 

(Report circulated)

 

Minutes:

The application was deferred until a Special Meeting of this Committee on 20 January 2014.

 

 

9.

Planning Application No. 13/4067/01 - Devon and Cornwall Constabulary, Police Headquarters, Middlemoor, Exeter, EX2 7HQ pdf icon PDF 250 KB

To consider the report of the Assistant Director City Development.

 

Minutes:

The application was deferred until a Special Meeting of this Committee on 20 January 2014.

 

10.

Planning Application Nos. 13/4660/03 and 13/46661/07 - Kalendar Hall, South Street, Exeter, EX1 1DZ pdf icon PDF 163 KB

To consider the report of the Assistant Director City Development.

 

Minutes:

The Area Planner presented the application for planning permission for demolition of existing building, construction of performing arts and teaching facility and two retail units including improvements to public realm.

 

Members were circulated with an update sheet - attached to minutes.

 

One additional objection had been received from a local resident concerning the building’s height, appearance and the use of polycarbonate material.

 

The Area Planner reported that the polycarbonate boxes at first and second floor level on the front façade had been replaced by glazing and that a lighting/management scheme for the glazing would be sought by condition. The usual conditions for a Listed Building would be added to the permission as they had been omitted from the Committee report.

 

The recommendation was for approval subject to the conditions as set out in the report and an additional condition requiring a lighting management strategy.

 

RESOLVED that planning permission for demolition of existing building, construction of performing arts and teaching facility and two retail units including improvements to public realm 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 18 October 2013 (dwg nos. 0955 L01.00 rev A; 0955 L01.01 rev A; 0955 L01.02 rev A; 0955 L01.03 rev A; 0955 L01.04 rev A; 0955 L02.01 rev C; 0955 L02.02 rev C; 0955 L03.01 rev B; 0955 L04.01 rev C: 0955 L04.02 and rev C; 0955 L04.07)as modified by other conditions of this consent.

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

 

3)         C17  -  Submission of Materials

 

4)         Notwithstanding the requirements of Condition 2 of this planning permission, no work shall commence on either phase of development hereby approved until full details of the following, insofar as they relate to that phase of development, 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 of the Vicars Choral;

e) refuse storage;

f) CCTV cameras and location.

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

 

5)         No part of the development hereby approved shall be brought into its intended use until the provision of secure cycle parking facilities to serve the site has been agreed, in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority and retained for that purpose at all times.

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

 

6)         A Construction Environmental Management Plans (CEMP) shall be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of development on site, with the exception of demolition, and adhered  ...  view the full minutes text for item 10.

11.

Planning Application No. 13/4843/03 - Portland House, Longbrook Street, Exeter, EX4 6AB pdf icon PDF 132 KB

To consider the report of the Assistant Director City Development.

 

Minutes:

The Assistant Director City Development presented the application for a variation of condition two to approve amended drawings showing additional accommodation at level six (Ref No 11/0895/03 granted 16-01-2012).

 

Members were circulated with an update sheet - attached to minutes.

 

Mr Hill spoke in support of the application. He raised the following points:-

  • Vitastudent operated nationally offering quality accommodation for students which they believed to be the best in the market. This was therefore a high quality investment;

·         the six studio flats proposed at the top of the building would be well designed and provide excellent views. They would be of premium value and were crucial to the viability of the scheme;

·         there was a 40% reduction from the number of flats previously sought for the top floor and they would be set back from the front of the existing building.

·         students would not be able to access the roof and communal facilities were to be provided in the basement. There would be a 24/7 management/warden presence; and

·         there was minimal difference to the approved scheme and the development would make a positive difference to the economy and built environment of the City.

 

Responding to Members, the Assistant Director City Development confirmed that an earlier application for the studio flats was being appealed and that he was not in a position to provide information on the finances of the scheme.

 

The recommendation was for approval, subject to the conditions as set out in the report.

 

RESOLVED that planning permission for variation of condition two to approve amended drawings showing additional accommodation at level six (Ref No 11/0895/03 granted 16-01-2012), be REFUSED because the proposal is contrary to the National Planning Policy Framework 2012 (particularly having regard to paragraphs 64,132 & 134), Exeter Local Development Framework Core Strategy 2012 policy CP17, Exeter Local Plan First Review 1995-2011 Saved Policies C1, DG1 (a,b,c,d,e,f,g,h) and DG4 (a  & b) and Exeter St James Neighbourhood Plan (March 2013) policies D1a, C2 & H1 because by reason of the increased massing of the building:

(a)        it would have an unacceptably increased overbearing and overshadowing impact on the amenity of occupants of nearby buildings in Longbrook Street compared with the previously approved scheme; and

(b)        it would detract from the character and appearance of the Longbrook Conservation Area.

 

 

 

 

12.

Planning Application No. 13/4806/03 - Former Ibstock Brickworks site, land off Harrington Lane, Exeter pdf icon PDF 143 KB

To consider the report of the Assistant Director City Development. 

 

Minutes:

The Assistant Director City Development presented the application for planning permission for variation to condition two of planning permission 11/1800/03 to allow re-siting of previously approved residential units, alterations to house types, minor highway realignment and six additional dwellings.

 

The recommendation was for approval, subject to the conditions as set out in the report.

 

RESOLVED that planning permission for variation to condition two of planning permission 11/1800/03 to allow re-siting of previously approved residential units, alterations to house types, minor highway realignment and six additional dwellings beAPPROVED, subject to the completion of a Section 106 Agreement under the Town and Country Panning Act 1990, securing two additional affordable housing units and subject also 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 date (dwg.nos.), 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 no building within the development shall be started before the samples for that building have been approved 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.

 

4)         Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order, 1995 (and any Order revoking and re-enacting that Order with or without modification), no development of the types described in the following Classes of Schedule 2 shall be undertaken on plots xx-xx (as shown on drawing xx) without the express consent in writing of the Local Planning Authority other than those expressly authorised by this permission:-

·         Part 1, Class A (extensions and alterations)

·         Part 1, Classes B and C (roof addition or alteration)

·         Part 1, Class D (porch)

·         Part 1, Class E (swimming pools and buildings incidental to the

·         enjoyment of the dwellinghouse)

·         Part 1, Class F (hard surfaces)

Reason: In order to protect residential amenity and to prevent overdevelopment.

 

5)         A detailed scheme for landscaping for the care home site and the residential development site, including the planting of trees and/or shrubs, the use of surface materials and boundary screen walls and fences shall be submitted to the Local Planning Authority together or separately, and no development shall take place until the Local Planning Authority have approved the scheme(s);  such scheme(s) shall specify materials, species, tree and plant sizes, numbers and planting densities, and any earthworks required together with the timing of the implementation of the scheme(s).  The landscaping shall thereafter be implemented in accordance with the approved scheme(s) in accordance with the agreed programme.

Reason:  To safeguard the rights of control by the Local Planning  ...  view the full minutes text for item 12.

13.

List of Decisions Made and Withdrawn Applications pdf icon PDF 40 KB

To consider the report of the Assistant Director City Development.

 

Additional documents:

Minutes:

The report of the Assistant Director City Development was submitted.

           

            RESOLVED that the report be noted.

 

(Report circulated)

 

14.

Enforcement Progress Report pdf icon PDF 3 MB

To consider the report of the Assistant Director City Development.

 

Minutes:

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

 

RESOLVED that the report be noted.

 

(Report circulated)

 

15.

Appeals Report pdf icon PDF 48 KB

To consider the report of the Assistant Director City Development.

Minutes:

The schedule of appeal decisions and appeals lodged was submitted.

 

RESOLVED that the report be noted.

 

(Report circulated)

 

16.

SITE INSPECTION PARTY

To advise that the next Site Inspection Party will be held on Tuesday 4 February 2014 at 9.30 a.m.  The Councillors attending will be Denham, Spackman and Mitchell.

Minutes:

RESOLVED that the next Site Inspection Party be held on Tuesday 4 February 2014  at 9.30 a.m. The Councillors attending will be Denham, Newby and Spackman.

 

Additional Information Circulated after Agenda Dispatched - circulated as an appendix pdf icon PDF 60 KB