Venue: Rennes Room, Civic Centre, Paris Street, Exeter
Contact: Howard Bassett, Democratic Services Officer (Committees) 01392 265107 or email howard.bassett@exeter.gov.uk
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To approve and sign the minutes of the meeting held on 18 March 2019.
Minutes: The minutes of the meeting held on 18 March 2019 were taken as read, approved and signed by the Chair as correct.
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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.
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Planning Application No. 18/0873/FUL - Land at Ribston Avenue, Exeter PDF 392 KB To consider the report of the City Development Manager.
Additional documents: Minutes: The Chair made the following statement in respect of the application for the construction of a 54 bed independent hospital (Use Class C2) with access, car parking, landscaping/open space and associated works:-
“Planning Committee has previously considered this application at its meeting on the 3 December 2018. The Committee resolved to grant planning permission in accordance with the officer recommendation set out in the report. Before the Planning Permission was issued, the Hill Barton Residents Association applied to Judicially Review the Council’s decision. The grounds for Judicial Review were in brief:-
1. Failure of the Council to discharge its duty under Section 11(2) of the Children’s Act 2004 by failing to consult properly; 2. Failure of Devon County Council to declare a financial interest in the application (as owner of the land) and having undue influence upon the decision as a statutory consultee (highways and flooding); 3. Failure to impose a condition excluding the use of the development within Class C2a of the Use Classes Order 1987/764; 4. Failure to secure a planning contribution for the benefit of the school. On reflection, the Council agreed that it should re-consider its decision in the light of the matters referred to in ground 1. As a result, the Judicial Review was discontinued by the Hill Barton Residents Association. Today, the report has been prepared in substitution of the original report to allow the Committee to consider the application afresh, taking into account all the information and responses we now have.”
The Chair reminded Members that, as decision makers, they may be predisposed to particular views. However, if any Member had closed their mind to any possibility beyond that predisposition, with the effect that they would be unable to apply their judgment fully and properly to the matter in hand and to take into account new information as set out in the report and not minded to listen to what is being said both for and against the application, then they must absent themselves from determining the matter on the basis that they have predetermined the application.
A Member suggested that three Members of the Committee, from comments made at 3 December meeting of this Committee, had shown themselves to have been predisposed to certain views. The City Solicitor and Head of Human Resources quoted the provisions of Section 25 of the Localism Act 2011 and, following a number of questions to the Members concerned, was of the view that on the face of it, the Members concerned appeared to be still open minded and none appeared to have already made up their mind as to which way to vote.
The Service Lead City Development introduced the report stating that it was an amalgam of the previous report with additional information added following further consultations. It specifically covered safeguarding matters following further information from the public and third parties and also covered the Council’s obligations under the Equalities Act 2010.
The Principal Project Manager (Development) (MH) presented the details of the application which ... view the full minutes text for item 23. |
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Planning Application No. 18/1053/FUL - Alphin House, Mill Lane, Exeter PDF 178 KB To consider the report of the City Development Manager.
Additional documents: Minutes: The Project Manager (Planning) (ZN) presented the application for the change of use of former care home to provide 19 residential units, partial demolition and redevelopment of a two storey side extension, associated car and cycle parking, private amenity space and public footpath. The presentation was a joint one covering application 18/1275/FUL (Min. No. 25 below).
Councillor Warwick, having given notice under Standing Order No. 44, spoke on both applications. He raised the following points:-
ensure safe access and egress to the development site.
He responded as follows to Members’ queries:-
The Highways Development Management Officer advised that shared space helped minimise traffic speed in accordance with the Manual for Streets. Although school children did come to school close to the peak am traffic flow, they left outside the peak pm flow and therefore the two would not meet. The applicant had agreed to provide a pedestrian footpath adjacent to Mill Lane, on land within the applicant’s control. With regard to restricting access to residents and visitors only, this would be difficult to enforce unless cameras were installed and which, in ... view the full minutes text for item 24. |
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Planning Application No. 18/1275/FUL - Alphin House, Mill Lane, Exeter PDF 179 KB To consider the report of the City Development Manager.
Additional documents: Minutes: The Project Manager (Planning) (ZN) presented the application for the change of use of former care home to provide 19 residential units, partial demolition and redevelopment of a two storey side extension, construction of three terraced houses, associated car and cycle parking, private amenity space and public footpath. The presentation was a joint one covering application 18/1053/FUL (Min. No. 24 above).
Councillor Warwick, having given notice under Standing Order No. 44, spoke on the item as did Juliet Meadowcroft as an objector and Philp Burgess as a supporter. Their views are set out in Min. No. 24 above.
Responding to the views expressed by the speakers, the Highways Development Management Officer advised that shared space helped minimise traffic speed in accordance with the Manual for Streets. Although school children did come to school close to the peak am traffic flow, they left outside the peak pm flow and therefore the two would not meet. The applicant had agreed to provide a pedestrian footpath adjacent to Mill Lane, on land within the applicant’s control. With regard to restricting access to residents and visitors only, this would be difficult to enforce unless cameras were installed and which, in any case, the County Council could not maintain. Mill Lane was the subject of a 20mph speed limit.
With regard to concerns relating to material planning considerations it was noted that these had been addressed through revisions to the scheme, conditions on the decision notice and a Section 106 Agreement. For all the reasons considered and weighing up the development plan policies and proposals, and other material considerations, it was considered that the proposal would be appropriate.
Members did not feel that the increase in traffic movement would be a severe enough impact on the highway network to warrant a refusal of the scheme.
The recommendation was for approval, subject to the conditions and signing of a Section 106 Agreement as set out in the report.
RESOLVED that, subject to completion of a Section 106 Agreement under the Town and Country Planning Act 1990 to secure pedestrian footpath, a Management Scheme, and Affordable Housing planning permission for the change of use of former care home to provide 19 residential units, partial demolition and redevelopment of a two storey side extension, construction of three terraced houses, associated car and cycle parking, private amenity space and public footpath 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 and 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 25th February 2019 (including dwg. nos. 17447 SD, DTS18. 28.1.TPP, (0) 001, 002, 003, 004, 005, 01 F, 02E, ... view the full minutes text for item 25. |
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Planning Application No. 18/0704/FUL - 20 Countess Wear Road, Exeter PDF 111 KB To consider the report of the City Development Manager.
Additional documents: Minutes: The Assistant City Development Manager presented the application for demolition of existing house and annex and construction of four new houses (semi-detached) with associated parking and infrastructure.
Peter Vance spoke against the application. He raised the following points:-
The recommendation was for refusal for the reasons set out in the report.
RESOLVED that planning permission for the demolition of existing house and annex and construction of four new houses (semi-detached) with associated parking and infrastructure be refused as the proposal would be contrary to Objective 9 and Policies CP4 and CP17 of the Exeter Core Strategy, Policies H2, DG1 (b), (d), (f), (g), (h and DG4 a, b, c of the Exeter Local Plan First Review and the Residential Design Guide SPD because:-
(a) the proposed construction of four residential units would result in the overdevelopment of an inadequately proportioned site, presenting a cramped form of development unsympathetic with, and detrimental to, the character of this established residential area; (b) the siting scale and design of the development would have a poor relationship with, and overbearing impact on, No. 20A Countess Wear Road with adverse impacts on the residential amenities of existing and future occupiers of the property, particularly in terms of loss of outlook and overshadowing in the garden area amenity; and (c) by reason of its scale, height and design the proposed development would be overbearing, dominant and visually intrusive within and relate poorly to the street scene, to the detriment of the character of the area.
Informatives
1. In accordance with Paragraph 38 of the National Planning Policy Framework the Council has worked in a positive and pro-active way with the Applicant and has looked for solutions to enable the grant of planning permission. ... view the full minutes text for item 26. |
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Planning Application No. 18/0707/FUL - 20 Countess Wear Road, Exeter PDF 107 KB To consider the report of the City Development Manager.
Additional documents: Minutes: The Assistant City Development Manager presented the application for the construction of detached dwelling with associated parking and infrastructure on land to rear of 20 Countess Wear Road.
Vanessa Skelding spoke against the application. She raised the following points:-
The recommendation was for refusal for the reasons set out in the report.
RESOLVED that planning permission for construction of detached dwelling with associated parking and infrastructure on land to rear of 20 Countess Wear Road be refused as the proposal would be contrary to Objective 9 and Policies CP4 and CP17 of the Exeter Core Strategy, Policies H2, DG1 and DG4 of the Exeter Local Plan First Review and the Residential Design Guide SPD because the siting scale and design of the development would have a poor relationship with, and overbearing impact on, No. 28 Mill Road with adverse impacts on the residential amenities of existing and future occupiers of the property, particularly in terms of loss of outlook and overshadowing in the garden area
Informatives
1. In accordance with Paragraph 38 of the National Planning Policy Framework the Council has worked in a positive and pro-active way with the Applicant and has looked for solutions to enable the grant of planning permission. However the proposal remains contrary to the planning policies set out in the reasons for refusal and was not therefore considered to be sustainable development.
2. In accordance with Chapters 1 and 2 of the Conservation of Habitats and Species Regulations 2017, this development has been screened in respect of the need for an Appropriate Assessment (AA). Given the nature of the development, it has been concluded that an AA is required in relation to potential impact on the relevant Special Protection Areas (SPA), the Exe Estuary and East Devon Pebblebed Heaths, which are designated European sites. This AA has been carried out and concludes that the development is such that it could have an impact primarily associated with recreational activity of future occupants of the development. This impact will be mitigated in ... view the full minutes text for item 27. |
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List of Decisions Made and Withdrawn Applications PDF 45 KB To consider the report of the City Development Manager.
Additional documents: Minutes: The report of the City Development Manager was submitted.
RESOLVED that the report be noted.
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To consider the report of the City Development Manager. Minutes: The schedule of appeal decisions and appeals lodged was submitted.
RESOLVED that the report be noted.
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SITE INSPECTION PARTY To advise that the next Site Inspection Party will be held on Tuesday 7 May 2019 at 9.30 a.m. Councillors attending to be advised.
Minutes: RESOLVED that the next Site Inspection Party will be held on Tuesday 7 May at 9.30, Councillors to be advised of participants.
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Councillor Peter Edwards Minutes: The Chair stated that this would be the last Planning Committee for Councillor Peter Edwards, who was to retire as a Councillor at the May Elections. She thanked him for his service to the Committee over many years. She and Members wished him well for the future.
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