Agenda and minutes

To approve and sign the minutes of the meeting held on 21 May 2018.

The minutes of the meeting held on 21 May 2018 were taken as read and signed by the Chair as correct.

Councillor Thompson declared a disclosable pecuniary interest and left the meeting during consideration of Min. No. 145.

To consider the report of the City Development Manager.

The Principal Project Manager (Development) (MH) presented the application for the construction of 48 dwellings (use class C3), means of access, public open space and associated infrastructure.

The Project Manager reported that environmental health had no objections to the proposal and added that an additional condition would be required to provide charging points for electric vehicles.

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

Councillor Holland, having given notice under Standing Order No. 44, spoke on the item. He raised the following points:-

·         speaking on behalf of the residents of St Loyes who do not object in principle to this development but note that the proposal is one of many developments in the locality adding significant further traffic to already congested roads;

• endorse use of brownfield site for development;
• developer seemed to be selective in the delivery of consultation letters;
• another development is to come forward for a care home and both applications should be considered simultaneously;
• Ringswell Avenue is a narrow, poorly surfaced cul-de-sac and experiences difficulties of access for emergency vehicles. Moreover, it suffers from traffic problems during school drop off and pick up periods and these will be exacerbated as the number of properties increases three-fold;
• traffic counts during school hours confirm the problems which leads to road parking violations, dangerous driving on the pavements by buses and cars, parking across drives and gridlock;
• proposal includes disruption to an existing wildlife corridor and loss of wildlife habitat which could instead be improved by developing a copse;
• junction with Honiton Road already congested, compounded at school drop-off/ pick-up times and Hill Barton Road can also be affected;
• alternative access should be identified; and
• impact of construction traffic associated with the development is a concern and enforcement of construction traffic necessary.

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

• speakingon behalf of the Residents’ Association of Ringswell Avenue whose principal objection is not the development of 48 new houses, but the proposed vehicle access through Ringswell Avenue, a 16-foot wide cul de sac road on which there are 20 houses, and since 2007 is the only vehicle access to St Nicholas Primary School. An addition of 48 new houses triples the number of properties accessed by Ringswell Avenue;
• many new properties may have more than one vehicle and there is already severe daily congestion. In previous applications, it was determined that vehicle access would be through Bramley Avenue, not through Ringswell Avenue. The developer had only proposed the one access route via Ringswell Avenue and the County Council Highways consultation response only addressed the developer’s single access proposal without evaluating any alternative options;
• the Headmistress of the school had objected;
• emergency vehicles will not be able to enter Ringswell Avenue when congested; and
• serious flaws in the vehicle access for the site and alternative access arrangements should be investigated.

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

·         acting for Liverty, a Registered Provider of affordable homes  ...  view the full minutes text for item 143.

To consider the report of the City Development Manager.

The City Development Manager presented the application for the demolition of existing single storey arcade and construction of a four storey building for 64 student bedspaces incorporating ground retail unit with associated bike and bin stores.

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

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

·         the shell unit at the Fore Street frontage could be configured to accommodate two units and would incorporate a glazed "wrap around" corner to enliven the entrance to John Street which would improve permeability and be more welcoming;

·         the accommodation provided for students was typical of the area and mirrored those nearby in size and configuration;

·         the adjacent Smythen Street car park was ideal for dropping off and picking up students at the beginning and end of term;

·         there was no direct line of sight into student windows from the pub opposite; and

·         Historic England were now supportive of the application.

Responding to a Member, the City Development Manager referred to the consultation undertaken and confirmed that appropriate management measures would be put in place for the occupation of students. Members noted that the principle of student use in this city centre location was appropriate and welcomed the proposal which would retain the retail frontage to Fore Street and therefore maintain a commercial presence and it was hoped that it would be more attractive to smaller independent operators, which are characteristic of this street. Whilst one Member referred to the ethos and heritage of the West Quarter, Members recognised that the scheme would retain the retail element and ensure that the vitality and viability of the area was maintained.

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

RESOLVED that, subject to the completion of a Section 106 Agreement under the Town and Country Planning Act 1990 to secure a student management plan and a financial contribution of £3,000 towards a traffic regulation order planning permission for the demolition of existing single storey arcade and the construction of a four storey building for 64 student bedspaces incorporating ground retail unit with associated bike and bin stores be APPROVED, subject also 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 27 April 2019 (dwg no. 13388/PL105A; PL110A; PL111A; PL112A; PL113A; PL114; PL115D; PL116A & PL117A) 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  ...  view the full minutes text for item 144.

To consider the report of the City Development Manager.

Councillor Thompson declared a disclosable pecuniary interest and left the meeting during consideration of this item.

The Principal Project Manager (Development) (MD) presented the application for the construction of 62 dwellings with associated public open space, infrastructure and landscaping. He explained that a pedestrian/cycle path would be provided through the site in order to segregate pedestrians and cyclists from vehicles accessing on to Pinn Lane This would be a significant improvement compared to the existing situation where pedestrians and cyclists have to share Gipsy Hill Lane with vehicles accessing the Gipsy Hill Hotel and adjacent residential properties. He detailed the improved layout to the Pinn Lane and Gipsy Hill Lane junction and Gipsy Hill Lane would be widened to 4.8m allowing two vehicles to pass, thereby improving access to the Hotel and existing dwellings. Beyond the access point, traffic up to the Hotel would remain single-lane but there would be a passing point.

He reported additional comments/objections from the staff and owner of the Gipsy Hill Hotel. These referred to concerns of accessing the hotel during the construction works. The owner had also objected to the proposed access believing it to be flawed and stating that independent consideration should be given to all possible alternatives. She also stated that if approval was granted, a condition should be added to maintain access to the existing properties at all times.

He reported that, following further discussions with the applicant, an improved offer of 14 affordable units had been made, being the same number as that proposed as part of the lapsed consent, although it represented a slight shortfall in percentage terms to that secured on the earlier consent because the number of units had increased slightly. It was accompanied by an agreement to commence work on site within two years.

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

Councillor Wood, having given notice under Standing Order No. 44, spoke on the item. He raised the following points:-

• Pinhoe residents are not generally resistant to development in principle, however, the development will exacerbate already serious traffic problems along Pinn Lane, Gipsy Hill Lane and the wider area. Pinn Lane is already dangerous with no lighting or footway and overgrown vegetation and the increased traffic on Pinn Lane poses a danger to pedestrians and cyclists;

·         offer of affordable housing is too low;

·         a simple solution would be to remove a restrictive covenant which prevents access onto Tithebarn Lane and the applicant should therefore negotiate with the owner of the covenant to facilitate access onto the Tithebarn Link Road;

·         the failure to provide sustainable transport measures is a major concern and the increased vehicle flow will lead to direct conflict with increased pedestrian/cycle flow on Gipsy Hill Lane to the east of site and with residents of the Lane;

·         there will be an adverse impact on the E3 and E4 cycle lanes which are part of the strategic cycle network;

·         proposals do not include any improvements to Pinn Lane or  ...  view the full minutes text for item 145.

To consider the report of the City Development Manager.

The Principal Project Manager (Development) (MD) presented the application for construction of care facility (66 beds) with associated means of access, access road, car parking, landscaping and associated infrastructure. He stated that the access to Cumberland Way would cross a shared pedestrian/cycle path and necessitate the relocation of a bus shelter.

Since the drafting of the report, comments on the conditions had been received from the applicant. The requests to amend conditions 3, 5 and 6 slightly were supported by officers, but the requests to amend conditions 8, 10, 13 and 14 including changing BREEAM excellent to very good were not supported.

The recommendation was for approval, subject to the conditions as set out in the report with the amendments to conditions 3, 5 and 6 requested by the developer.

RESOLVED that planning permission for construction of care facility (66 beds) with associated means of access, access road, car parking, landscaping and associated infrastructure be APPROVED, subject to the following conditions:-

(1)        Standard Time Limit – Full Planning Permission

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)        Approved Plans

The development hereby permitted shall be carried out in complete accordance with the approved plans listed below, unless modified by the other conditions of this consent:

·         Location Plan 1:1250

·         Draft Site Plan (05/08/2017 01)

·         Proposed Plans (05/08/2017 02)

·         Elevations Sheet 1 (05/08/2017 03)

·         Elevations Sheet 1 (05/08/2017 04)

·         Landscape Scheme (314.1 Rev 0)

·         Preliminary Access Design Option 1 (162471_PHL_01 Rev F)

Reason:To ensure the development is constructed in accordance with the approved plans.

Pre-Commencement Details

(3)        Cycle Parking 1

Notwithstanding the approved plans in condition 2, prior to the commencement of the development hereby permitted, other than preliminary groundworks and drainage works, details of the location and design of cycle parking for staff as well as showers, lockers and space to dry clothes for staff shall be submitted to and approved in writing by the Local Planning Authority. These details shall be provided in the development as approved.

Reason: To accord with paragraph 5.3.1 of the Sustainable Transport SPD in the interests of sustainable transport. These details are required pre-commencement as specified to ensure that these facilities are provided in the building.

(4)        Surface Water Drainage Management System (Construction)

No part of the development hereby permitted shall be commenced until the detailed design of the proposed surface water drainage management system which will serve the development site for the full period of its construction has been submitted to and approved in writing by the Local Planning Authority, in consultation with Devon County Council as the Lead Local Flood Authority. This temporary surface water drainage management system must satisfactorily address both the rates and volumes, and quality, of the surface water runoff from the construction site. The approved surface water  ...  view the full minutes text for item 146.

To consider the report of the City Development Manager.

The Principal Project Manager (Development) (HS) presented the application for pedestrian access ramp linking Bampfylde Street to 'Street C', temporary gates and bin store for use by the bus station (Parcel B).The ramp would provide access to the leisure centre without going through the bus station concourse and was necessary during the period when the Leisure Centre and Bus Station had been completed but the remainder of the site was not. Responding to a Member, he described the precise location of the gates that would be locked when both bus station and leisure centre were both closed to prevent antisocial behaviour.

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

RESOLVED that planning permission for pedestrian access ramp linking Bampfylde Street to 'Street C', temporary gates and bin store for use by the bus station (Parcel B) be APPROVED, subject to the following conditions:-

(1)        The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details received by the Local Planning Authority on4 May 2018 (dwg. nos. (08)021, (08)022, (08)023, and (08)024) as modified by other conditions of this consent.

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

(2)        The gates hereby approved shall only be secured closed if the Bus Station (parcel B) and leisure Centre (parcel L) are both closed to users.

To consider the report of the City Development Manager.

The report of the Assistant Director City Development was submitted.

RESOLVED that the report be noted.

To consider the report of the City Development Manager.

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 10 July 2018 at

9.30 a.m.  The Councillors attending will be Councillors Bialyk, Denham and Lyons.

RESOLVED that the next Site Inspection Party will be held on Tuesday 10 July at 9.30 a.m. The Councillors attending will be Bialyk, Denham and Lyons.