Agenda and minutes

The Committee regsitered its sadness over the damage to the Royal Clarence Hotel following the recent fire.

To sign the minutes of the meetings held on 25 July, 5 September, 3 and 5 October 2016.

The minutes of the meetings held on 25 July, 5 September, 3 October and 5 October 2016 were taken as read and signed by the Chair as correct.

Councillor Newby declared a disclosable interest as his wife worked for Exeter College.

Councillor Newby declared a disclosable interest and left the meeting during consideration of this item as his wife worked for Exeter College

The Assistant Director City Development presented the application for the development of 101 houses, a new sports pitch and changing facility, public open space including children's play areas and associated highways and drainage infrastructure at Wear Barton and re-provision of senior football pitch and 11 under 11/nine under nine pitches at Exwick Sports Hub.

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

Councillor Baldwin attended the meeting and spoke on this item under Standing Order No. 44. She made the following points:-

·         although there is a housing shortage, housing provision is taking precedence again over preserving open space;

·         although the transport report states that there will be no adverse impact on Tospham Road or the Countess Wear roundabout it is evident that this will not be the case given the high level of traffic on this road which will increase with the other developments coming on line in the Topsham area;

·         extra demand will be placed on the sewage works and some of the houses are only 100 metres from these works;

·         there will be extra pressure on Countess Wear primary school with delays occurring with the new school being built in Newcourt which is behind schedule;

·         two existing football pitches will be lost;

·         is the proposal for a childrens’ play area necessary given the proximity of the Lakeside Avenue Play area?;

·         the Newcourt Area will have 3,500 new homes with only one play area and a multi-use games area still not provided

·         although the College state that the area is little used there is use by the Youth Club as well as by the general public use during school holidays

·         land could be used for a cricket pitch for the St James Cricket Club who are looking for a new facility;

·         unlikely that the terms and conditions of sale from the local education authority to the College would have allowed to sell off for housing and College intention to fence off will prevent public access;

·         if College do not want the land identified for housing they could hand over to the local community;

·         Exwick already has playing fields so no pressing need to update facilities here and the distance of some eight miles is excessive for the youth of Countess Wear to travel. The proposal is contra to aims of Active Exeter;

·         sympathetic to housing requirement but concerned that development in this area is detrimental to playing field and open space provision; and

·         suggest compromise through a smaller number of houses and improved play facilities.

Councillor Leadbetter attended the meeting and spoke on this item under Standing Order No. 44. He made the following points:-

·         support comments of Councillor Baldwin;

·         the application has previously been recommended for refusal with objections from both Sport England and the public;

·         premature to decide this application without full consideration of the recently produced sports strategy to re-evaluate  ...  view the full minutes text for item 84.

To consider the report of the Assistant Director City Development.

The Project Manager (Planning) (KW) presented the application for the erection of a B1 Office Building, access and associated infrastructure works.

The application had been deferred at the October meeting of this Committee for the proposal to be considered by the Devon Design Review Panel.

Members were circulated with an update sheet - attached to minutes. This sheet also contained the recommendations of the Design Review Panel.

Councillor Baldwin attended the meeting and spoke on this item under Standing Order No. 44. She made the following points:-

·         this application is the final phase of a three phase history of this and two adjoining sites, all strategically important in terms of the Topsham Gap open space.

·         following the granting of permission for Phase I, Phase II, was also granted permission, the density being close to the permissible maximum. At this stage, the issue of open space provision had become blurred and sidelined when a Section 106 Agreement under the Town and Country Planning Act 1990 requiring a contribution of £40,500 to improve open space generally in the Topsham area was agreed;

·         accept there is a shortage of housing in Exeter but a three storey building in an environmentally sensitive area is not appropriate;

·         citing proximity to the Retreat Boatyard in support is misleading as the Retreat Boatyard was in situ before the recent housing developments as well as Wessex Close and is already well screened from Exeter Road. These developments have compromised the Boatyard which has had to downsize and also suffered from other operational problems; and

·         propose that the application be refused and that the money obtained through the Section 106 Agreement be used for the original purpose of providing a play area on this area of land.

Councillor Leadbetter attending the meeting under Standing Order No. 44 stated that he supported the comments of Councillor Baldwin.

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

·         at the previous meeting, stated that the Topsham Society would not contest the Design Review Panel assessment. Whilst still having severe misgivings about the scale, mass and appropriateness of the proposals, will not renege on this undertaking;

·         note that the Council has refused permission to make representations to the Panel, although the Society obtained the agreement of officers to a compromise joint statement. However, this was countermanded at the last minute, leaving the Panel without vital context and the applicant inexplicably with an uncontested presentation. Far from being a blind session, the applicant had a “heads up” on the outcome, instigating changes before the report was issued. This underscores community concerns about balance and fairness;

·         whilst ignoring context, the Panel raised key concerns about the design, making these a condition of its support. The applicant ignored most key concerns. Having consulted the Panel it’s recommendations should be implemented in full;

·         even the limited changes made are material departures from the previous proposal and this application must therefore be properly reconsulted or resubmitted;

·         at the previous meeting, Members voiced  ...  view the full minutes text for item 85.

To consider the report of the Assistant Director City Development.

The Principal Project Manager (Development) (PJ) presented the application for proposed residential development for 47 units, vehicular access, landscaping, open space and associated works.

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

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

·         current residents purchased property on a quiet residential, enclosed family development the majority not being made aware of potential further development even though Redrow had already purchased the land;

·         issues resulting from Sandy Park are noise, litter, anti-social behaviour and parking;

·         currently, a bigger problem is that of traffic control which raises concerns regarding health and safety. Residents have already witnessed several issues regarding this, coaches trying to drive up through the estate and taxis and cars parking and dropping off on the development and congregating at the roundabout;

·         unauthorised parking of cars which has caused obstruction of residents driveways and, most worrying of all, with only one entrance to the whole area, cars parked that would have inhibited access of emergency vehicles;

·         these issues will undoubtedly increase in the future due to the planned expansion of Sandy Park from 10,000 to 20,000 and its extended use as a conference and concert venue, extending hours of use day and night;

·         the plans submitted by Redrow  propose opening of the Baker Bridge footpath onto Bishops Way. This proposal will, in effect, make Bishops Way a thoroughfare for pedestrians and a drop off point for vehicles using Sandy Park will lead to a substantial increase of noise, litter and anti-social behaviour with up to 20,000 people pouring down Bishops Way;

·         it is unclear how cars will cross the footpath into the new development with this volume of pedestrians. This will raise safety issues as high volumes of people and traffic do not mix well;

·         cars and taxis will inevitably back log along Bishops Way. This further increases concerns regarding emergency vehicle access to the whole development, and the safety of the many young children and pets who reside here;

·         believe Redrow can find a solution that mitigates the worse of these concerns, making it safer for residents and rugby fans by diverting the public footpath from Baker Bridge around the perimeter of the proposed  new development, connecting directly to the footpath that leads to the train station and the Park & Ride;

·         this idea will prevent Bishops Way becoming a thoroughfare and maintain the essential character of the development that residents bought into; and

·         believe that an alternative solution should be found.

Responding to Members he advised that there were no parking restrictions in the area at present and that the problem was with the single entrance.

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

·         application is recommended for approval reflecting prior discussion on the principle of development, highways, landscaping, ecology and surface water drainage;

·         the site is allocated for employment use but, it would be wholly unrealistic to expect the site to come  ...  view the full minutes text for item 86.

To consider the report of the Assistant Director City Development.

The Principal Project Manager Development (MD) presented the application for the removal of Condition 3 regarding building's floor space limitation, variation of Condition 5 redefining goods to be sold from the premises and variation of Condition 8 to allow extended hours of opening to 9 pm Monday to Saturday of Planning Application 85/1023/01 allowed at appeal on 2 October 1986 (revised description).

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

RESOLVED that planning permission for the removal of Condition 3 regarding building's floor space limitation, variation of Condition 5 redefining goods to be sold from the premises and variation of Condition 8 to allow extended hours of opening to 9 PM Monday to Saturday of Planning Application 85/1023/01 allowed at appeal on 2 October 1986 (revised description) be APPROVED subject to the following conditions:-

1)    The reserved matters details of access, layout, scale, appearance and landscaping shall accord with reserved matters approval ref. 86/1052/02, unless otherwise varied by this decision.

       Reason: For the avoidance of doubt.

       Prior to first reoccupation

2)    Prior to the first occupation or use of the development hereby permitted following the date of this decision, a Detailed Landscaping Scheme for the site shall be submitted to and approved in writing by the Local Planning Authority. The Scheme shall include details of soft landscaping, including that designed to screen and/or soften the appearance of the building from the adjoining residential properties in Edwin Road. It shall specify tree/plant species and methods of planting. All trees and plants in the approved Scheme shall be planted in the first planting season following the first occupation or use of the development hereby permitted following the date of this decision or in earlier planting seasons wherever practicable, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

       Reason: In the interests of design and residential amenity in accordance with Policy CP17 of the Core Strategy, Policy DG1 of the Exeter Local Plan First Review, and paragraphs 17 and 58 of the NPPF.

3)    Prior to the first occupation or use of the development hereby permitted following the date of this decision, details of cycle parking provision in accordance with the adopted Sustainable Transport SPD (March 2013) shall be submitted to and approved in writing by the Local Planning Authority. Cycle parking shall be provided on the site prior to the first occupation or use of the development hereby permitted following the date of this decision in accordance with the approved details.

       Reason: To promote cycling as a sustainable mode of transport in accordance with Policy T3 of the Exeter Local Plan First Review and the Sustainable Transport SPD.

4)    Prior to the first occupation or use of the development hereby permitted following the date of this decision, a Travel Plan (including recommendations  ...  view the full minutes text for item 87.

To consider the report of the Assistant Director City Development.

The Principal Project Manager (Development) (MD) presented the application for an extension to retail warehouse of 1,363 square metres (GIA) to be used primarily for the sale of garden centre goods, poultry and pet products, and decorative items including housewares and gardenware (Use Class A1), with ancillary internal cafe (190 square metres), following demolition of wall/fence (re-revised description).

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

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

·         can recall the site in question over many decades, from Claridges Wood Yard, to Commercial Motors, to B&Q and now The Range. Edwin Road has lived alongside its commercial neighbours with relative ease, over a very long period;

·         in general, the neighbours welcome The Range, but have a few concerns that the council should act upon before permission is granted;

·         one of the main objections is the large bank of air conditioning units that have appeared and been installed prior to gaining planning permission, without any sign of noise mitigation. All of the neighbours in Edwin Road would like to see these removed, and not mitigated. In positioning them right behind garden fences, where many of my neighbours enjoy the final rays of sunshine and have constructed eating areas and decking in a pleasant quiet area, the units will destroy that current ambiance and the quality of life currently enjoyed;

·         in clearing an area for these air conditioning monsters, the developers have cut down many of the trees and bushes that formed a natural screen against the stark grey building and many residents would like to seek written assurances from the council that the trees are reinstated and the back of the building painted in the existing grey colour as it is looking very shabby throughout;

·         would like assurances that there won’t be any loud music playing and the tannoy announcements or recorded messages are kept to an absolute minimum;

·         seek assurance that the car parking area does not become pay and display as is currently the case at the Water Lane site, as this would push even more traffic seeking alternative free parking into the already badly congested road system and inevitably into Edwin Road which is already jammed full of commuters using it as their nearest free parking place for walking or bussing into town;

·         the developers have agreed to keep the green metal fence behind the wooden fence and the grey colour of the back of the building badly needs re-painting; and

·         despite being relatively close to the main Alphington Road the residents of Edwin Road enjoy a quiet and relatively peaceful existence and thoroughly enjoy the use of their gardens in their leisure time which they greatly value. Believe that the Range and the residents can exist together and these few points that are so critical to keep the current peaceful nature of their gardens can be taken into account to ensure that the current ambiance continues unabated.

Mr Cotter spoke in support of  ...  view the full minutes text for item 88.

To consider the report of the Assistant Director City Development.

The Principal Project Manager (Development) (MD) presented the application for the change of use of part of retail warehouse service yard to external garden centre (ancillary A1 use), insertion of glazed doors on Northeast elevation of warehouse and erection of 3M fence.

The recommendation was for approval, subject to the submission of tracking details or a management scheme to ensure that deliveries can be carried out safely on the site that is satisfactory to the Assistant Director City Development (if the details above are not received within one month the application will be reported back to Committee) and to the conditions as set out in the report.

RESOLVED that, subject to prior consultation with the Chair, the Assistant Director City Development be authorised to APPROVE planning permission for a change of use of part of retail warehouse service yard to external garden centre (ancillary A1 use), insertion of glazed doors on Northeast elevation of warehouse and erection of 3 metre fence be approved subject to the submission of tracking details or a management scheme to ensure that deliveries can be carried out safely on the site

(If the details above are not received within one month the application will be reported back to committee.)

and subject also to the following conditions, with condition 3 delegated to the Assistant Director City Development, subject to prior agreement of the Chair:-

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 comply with Section 91(1)(a) of the Town and Country Planning Act 1990 (as amended).

2)     The development hereby permitted shall be carried out in complete accordance with the approved plans listed below. (to be confirmed)

Reason: For the avoidance of doubt and to ensure a satisfactory completion pf development.

3)     The vehicle delivery management scheme submitted with the application shall be adhered to at all times, unless the site reverts back to use as a storage yard for the retail warehouse and the 3 metre fence is removed.

Reason: In the interests of the safety of pedestrians, cyclists and other users of the car park in accordance with paragraph 32 of the NPPF.

4)     The external garden centre hereby permitted shall be used for the display of plants and garden centre goods only, as an ancillary use to the retail warehouse. In the event that the ancillary garden centre use is ceased, the floor area occupied by it shall revert back to a storage yard for the retail warehouse.

Reason: For the avoidance of doubt and in the interests of protecting the viability and vitality of the city centre and other centres in Exeter.

To consider the report of the Assistant Director City Development.

The Assistant Director City Development presented the application to reconstruct dwelling along with 2 storey rear extension and front porch.

Councillor Bull attended the meeting and spoke on this item under Standing Order No. 44. He made the following points:-

·         important to bring Laings Easiform properties back into use to add to the housing stock to provide additional housing;

·         previous repair regime for such properties involved retrofit but demolition and rebuild is now preferred;

·         as the properties were semi-detached to reduce disruption to adjacent properties the following change to condition 3 is proposed – “no construction shall take place outside the hours of 09:00 hours and 17:00 hours Monday to Friday and at any time on Saturdays, Sundays, Bank and Public Holidays”

 Ms Amos spoke against the application. She raised the following points:-

·         am a senior staff nurse at RD&E working four nights a week and sleeping during the day. The proposed construction hours will disrupt my sleep pattern affecting my job performance therefore putting patients at risk as well as risking my job;

·         a change in working hours would result in a £10,000 per annum reduction in wages, having worked hard in my vocation to afford our home;

·         the construction activity will adversely affect my two staffordshire bull terriers both of whom are old as well as breeding rabbits, all of whom may die as a result of this activity; and

·         the two metre extension will adversely affect an expensive hot tub in the garden and privacy will be lost therefore impacting on the ability of the family to relax.

She responded as follows to Members’ queries:-

·         have only limited advance knowledge of which nights will be required to work and giving up night work will lead to significant financial loss. At present, sleep from 09:00 hours to 15:00 hours on at least three days of the week; and

·         will need compensation as a result of this work, for example, requirement to alter sleep arrangements, payment of dog walkers etc.

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

RESOLVED that planning permission to reconstruct dwelling along with two storey rear extension and front porch be DEFERRED for further consultation with the neighbour.

To consider the report of the Assistant Director City Development.

The Assistant Director City Development presented the application to reconstruct dwelling along with two storey rear extension and front porch.

Councillor Bull attended the meeting and spoke on this item under Standing Order No. 44. He made the following points:-

·         important to bring Laings Easiform properties back into use to add to the housing stock to provide additional housing;

·         previous repair regime for such properties involved retrofit but demolition and rebuild is now preferred;

·         as the properties were semi-detached to reduce disruption to adjacent properties the following change to condition 3 is proposed – “no construction shall take place outside the hours of 09:00 hours and 17:00 hours Monday to Friday and at any time on Saturdays, Sundays, Bank and Public Holidays”

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

RESOLVED that planning permission to reconstruct dwelling along with two storey rear extension and front porch be APPROVED subject to the following conditions:-

The Assistant Director City Development presented the application for four new dwellings.

Councillor Musgrave attended the meeting and spoke on this item under Standing Order No. 44. He made the following points:-

·         serious reservations on behalf of residents relating to loss of quality of living and safety;

·         despite views of the Highways Engineer and the Inspector, parking is a serious problem in Percy Road evidenced by a range of problems including illegal parking, insufficient turning space and with the Police required to leaflet the properties and to issue parking notices;

·         reducing the number of parking spaces in Percy Road will exacerbate the problems and the proposed seven spaces for the four properties is inadequate given the current level of car ownership - with two or three cars per household there is a potential for 16 extra cars entering the development;

·         visibility issues in respect of access to the main road;

·         access via Percy Road is inappropriate; and

·         object on behalf of residents.

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

·         have listened to concerns of this Committee and taken on board the comments provided by the Planning Inspector;

·         the application proposes four houses in a sustainable location in the City, their delivery to make a contribution to meeting the housing needs of Exeter;

·         have considered the objections from the local residents. However, the transport report concludes that the development will be safe and the Highways Authority do not object to the proposals. The Planning Inspector, when considering the previous application concluded, that there were no highway safety concerns or impact on car parking which could result in the refusal of the scheme. Therefore consider that, in terms of planning law and policy, there is no reason to refuse this application on highways grounds;

·         regarding design, have worked hard to address the objections of this Committee and the Planning Inspector.  The materials have been amended to comprise a mixture of brick and render which addresses the concerns previously raised. The façades have also been altered so that the rear of the detached dwelling now has a more consistent form of windows that are arranged symmetrically to provide visual rhythm. The size of windows on the front elevation of the terrace have also been  amended to create a balance between solid and void in the elevation; and

·         in summary, this application has sought to address the concerns previously raised. Having regard to the planning history, the scheme has been tested rigorously by officers, this Committee and a Planning Inspector and is now acceptable in all respects.

Responding to Members’ suggestions he confirmed that he could report options for an alternative development to incorporate adjacent land to the developer

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

RESOLVED that planning permission for four new dwellings be DEFERRED to allow further negotiations regarding the use of Retail Park Close for access.

To consider the report of the Assistant Director City Development.

The report of the Assistant Director City Development was submitted.

            RESOLVED that the report be noted.

To consider the report of the Assistant Director City Development.

The schedule of appeal decisions and appeals lodged was submitted.

RESOLVED that the report be noted.

To advise that the next Site Inspection Party will be held on Tuesday 22 November 2016 at 9.30 a.m.  The Councillors attending will be Lyons, Denham and Newby.

RESOLVED that the next Site Inspection Party will be held on Tuesday 22 November 2016 at 9.30 a.m. The Councillors attending will be Lyons, Denham and Newby.