Agenda and draft minutes

Special, Planning Committee
Monday 22nd July 2019 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

39.

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.

 

40.

Retail Development Proposals

Minutes:

The Chair explained the process for considering the three applications for retail developments as set out in Min. Nos. 42, 43 and 44 below, explaining that a fourth application as set out in Min No. 41 below had been withdrawn. The Principal Project Manager (Development) (MD) would present the detail of the three applications in turn to be followed by questions of clarification from Committee Members. The Councillor attending under Standing Order No 44 would then speak followed by the four public speakers, one of whom, was speaking in respect of two of the applications, to combine both his presentations into one.

 

The Chair further advised that the applications would be taken in the following order which differed from that set out in the agenda:-

 

·                     18/1330/OUT - Land North of Honiton Road and West of Fitzroy Road);

·                     18/0368/OUT - WPD Depot, Moor Lane; and

·                     18/0983/OUT - B&Q, Avocet Road, Sowton Industrial Estate

 

that of 18/1007/FUL - Police Headquarters, Devon And Cornwall Constabulary Police Training College, Alderson Drive having been withdrawn.

 

In respect of Application No 18/0983/OUT, the Chair reported that the applicant had requested that the application be deferred to carry out revisions. The Service Lead City Development advised that the request had been received after publication of the agenda and that because it was substantially different from the submitted proposal, requiring a number of new documents, the applicant had been advised instead to withdraw the application or the application should be determined.

 

The Chair put the request for a deferral to the vote.

 

RESOLVED that the request from the applicant for Application No 18/0983/OUT to be deferred be refused. 

 

Following presentations by the public speakers, debates and votes followed in respect of Min. Nos. 42, 43 and 44 below.

41.

Planning Application No. 18/1007/FUL - Police Headquarters, Devon and Cornwall Constabulary Police Training College, Alderson Drive, Exeter pdf icon PDF 173 KB

To consider the report of the Service Lead City Development.

 

Additional documents:

Minutes:

The application had been withdrawn.

 

42.

Planning Application No. 18/1330/OUT - Land North of Honiton Road and West of Fitzroy Road, Honiton Road, Exeter pdf icon PDF 225 KB

To consider the report of the Service Lead City Development.

 

Additional documents:

Minutes:

The Principal Project Manager (Development) (MD) presented the outline application for a mixed use development to provide town centre facilities comprising uses within Classes A1 (Retail), Class A2 (Financial and Professional Services), Class A3 (Cafes and Restaurants) with associated Drive-Throughs, Class A5 (Hot Food Takeaways), Class D2 (Assembly and Leisure) with associated means of access, access roads, service yards, car parking, infrastructure, public realm and landscaping (all matters reserved except access).

 

The application was a revision of the application that had been submitted in 2018 and was subsequently withdrawn (ref. 18/0076/OUT). Approval was sought for a maximum floorspace of 11,527 sq m (GEA)/11,004 sq m (GIA) comprising 8,659 sq m A1, 465 sq m A2, 1,021 sq m A3, 116 sq m A5 and 743 sq m D2. The amount of floorspace had been reduced by about 13% compared to the previous application and the applicants proposed that between 1,000 sq m and 2,789 sq m of the A1 floorspace be used for the sale of convenience goods, alongside a chemist and related goods (with or without a pharmacy) and provision made for Post Office facilities.

 

The report also detailed the key issues of the principles of the proposed development, access and impact on local highways, parking, impact on air quality, contaminated land and impact on amenity of surroundings, impact on trees and biodiversity, flood risk and surface water management and sustainable construction and energy conservation.

 

Approval was also sought for a Parameters Plan and suggested controls for the proposed floorspace had also been submitted. The access proposals showed the redesign of the existing access road to the site off Fitzroy Road. It also proposed widening the carriageway to the north in order to incorporate an island and right turn lane into the Persimmon residential development site to the north.

 

The Principal Project Manager (Development) (MD) referred to a letter of support to this application from SW Communications and a representation from the Crown Estate, requesting conditions on the basis of the other applications being refused. In addition, an objection had been received from East Devon District Council to this and the other applications because of the impact on the Cranbrook Town Centre and insufficient information on the impact on this Centre from the retail sequential test. It was noted that East Devon were yet to formally adopt a development plan document for Cranbrook.

 

The Principal Project Manager (Development) (MD) referred to the results of the assessment of the impacts in terms of both comparative goods floor space and convenience of each of the three applications and also an assessment of the cumulative impact issues of the three applications except the Police Headquarters site prepared by the Council’s external retail consultant, Avison Young. The cumulative assessment had concluded that only one of the proposed schemes should be permitted to avoid significant adverse impacts on Exeter City Centre and St Thomas District Centre. A judgement was therefore necessary on which application should be approved.

 

The recommendation for the  ...  view the full minutes text for item 42.

43.

Planning Application No. 18/0368/OUT - WPD Depot, Moor Lane, Exeter pdf icon PDF 170 KB

To consider the report of the Service Lead City Development.

 

 

Additional documents:

Minutes:

The Principal Project Manager (Development) (MD) presented the outline application for the demolition of existing structures, site remediation and redevelopment to provide Classes A1 (retail), A3 (Cafes and Restaurants), associated access, internal circulation, service yards, parking, landscaping, public realm works, infrastructure and dedication of land for improvements to Honiton Road (all matters reserved except access).

 

The Principal Project Manager (Development) (MD) detailed the consultations undertaken, the representations received and supporting information supplied by the applicant for the proposal to re-develop the site to provide a total of 7,962 sq m (gross) retail floorspace comprising 6,900 sq metres (gross) for Class A1 (shops) and 1,062 sq m for Class A3 (cafes and restaraunts) including associated service yards, parking and landscaping, following demolition of the existing buildings and remediation of the site. The existing Moor Lane access would be modified to left in only. The report also detailed the key issues of the principles of the proposed development, access and impact on local highways, parking, impact on air quality, contaminated land and impact on amenity of surroundings, impact on trees and biodiversity, flood risk and surface water management and sustainable construction and energy conservation.

 

The Principal Project Manager (Development) (MD) advised that an updated response had not been received from the Local Highway Authority and he also referred to a late objection from the Crown Estate which supported the recommendation to refuse the application.

 

Councillor Holland, having given notice under Standing Order No. 44, spoke on the three retail proposals in general. His comments are set out in Min No. 42 above.

 

Nick Freer spoke against the application, his presentation is covered in Min No. 42 above

 

Mark Scoot spoke in support of the application. He raised the following points:-

 

·                     Members will be aware of our concerns in the way in which these applications have been dealt with. The benefits of the WPD proposal have been completely ignored. The WPD site is a gateway site on the entrance to Exeter from the east and is able to make an important contribution to this part of Exeter if re-developed. It has been an un-sightly lorry/storage yard for the last 40 years. The application offers an attractive scheme fronting Honiton Road with associated benefits and there will not be another opportunity in the foreseeable future;

·                     the approach by officers has been inappropriate and none of the reasons for refusal are defensible. The retail advisor’s report was received by the Council in November 2018 but not provided for review and response. Council legal advise was that the reports should be immediately released;

·                     a key consideration in determining the application is the loss of employment land, even though it was agreed at the pre-application stage that there was no policy conflict. The specialist advise was only made available two weeks ago which is ten months after it was received. Officers did not provide the consultant with all of the viability information provided so no weight can be given to the comments raised in the  ...  view the full minutes text for item 43.

44.

Planning Application No. 18/0983/OUT - B&Q, Avocet Road, Sowton Industrial Estate, Exeter pdf icon PDF 192 KB

To consider the report of the Service Lead City Development.

 

Additional documents:

Minutes:

The Planning Consultant - Legal, in response to a Member, advised that the Committee had already voted to resolve to refuse the request from the applicant to defer the application.

 

The Principal Project Manager (Development) (MD) presented the application for outline planning permission for a retail park (Class A1) along with complementary cafe/restaurants (Class A3) including means of access (all other matters reserved).

 

The proposal was to demolish the existing retail warehouse and develop a retail park comprising Class A1 (shops) and A3 (cafes and restaurants) uses. The application was a re-submission of an application submitted in 2015 and withdrawn in 2016. The developers are seeking approval for a maximum floorspace of 17,000 sq m (GEA) / 14,865 sq m (GIA) comprising 8,175 sq m A1 ground floor, 5,899 sq m A1 mezzanine and 790 sq m A3. The mezzanine floorspace would be used for trading or non-trading purposes. Approval was also sought for a Parameters Plan, showing the above floorspace provided in a Core Development Area arranged in an L shape on the site and, beyond this, an Outer Development Area used for ancillary buildings, pedestrian circulation, car parking, service yard areas and vehicle circulation. The Plan also showed 0.64ha landscaping around the edge of the site and two public footpaths to Honiton Road to the north. The Principal Project Manager (Development) (MD) advised that the Parameters Plan encroached into the TPO area.

 

The report also detailed the key issues of the principles of the proposed development, access and impact on local highways, parking, impact on air quality, contaminated land and impact on amenity of surroundings, impact on trees and biodiversity, flood risk and surface water management and sustainable construction and energy conservation.

 

The Principal Project Manager (Development) (MD) advised that an updated response had been received from Environmental Health maintaining their objection due to the adverse impact on air quality and insufficient mitigation of air quality impacts. This was in response to a Technical Note by Create Consulting Engineers Ltd. submitted on 19 July.

 

No new information had been submitted in regard to the highways issues.

 

The Principal Project Manager (Development) (MD) referred to a late representation from the Crown Estate supporting the recommendation to refuse the application.

 

Councillor Holland, having given notice under Standing Order No. 44, spoke on the retail proposals in general. His comments are set out in Min. No. 42 above.

 

Adrian Fox spoke in support of the application. He raised the following points:-

 

·                     an important decision is required to decide on where Exeter is going to accommodate future, out of town retail growth. The retail sector was contracting and facing unprecedented structural change with less demand for new floorspace making the re-use of existing underutilised retail floor space desirable in planning terms;

·                     disappointing that the Honiton Road scheme is recommended for approval because of the planning history of this site, previously refused and dismissed by the Secretary of State with a modest reduction in floor area failing to address the latter’s concerns;  ...  view the full minutes text for item 44.